STAR-BULLETIN / 2002 Rene Mansho responded to a question from Judge Gail Nakatani during her arraignment in April. Her attorney James Koshiba looked on.

Memo says
Mansho hid
political intentions

A deputy prosecutor alleges that
she abused the trust of the public

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By Debra Barayuga
dbarayuga@starbulletin.com

Her smiling face and community activities apparently were only a front to further the political career of former Council member Rene Mansho, according to city prosecutors.

Those and similar arguments were outlined in a memo filed yesterday by Deputy Prosecutor Kevin Takata for Mansho's sentencing tomorrow in Circuit Court.

Mansho, 52, who waived indictment and pleaded guilty last month to misusing campaign funds and having her Council staff do campaign work on city time, faces a maximum 10-year prison term, $35,000 in fines and restitution when sentenced before Circuit Judge Dan Kochi.

Mansho is seeking to have her guilty plea deferred, which, if granted, would allow her to wipe her record clean if she complies with conditions similar to probation.

The state, however, is opposing a deferral and is strongly asking that Mansho be sentenced to the maximum 10-year term and be ordered to make full restitution of $165,000.

Deputy Prosecutor Randal Lee declined to discuss the state's position other than to say, "We feel strongly about our position at sentencing and we will make the required arguments. We're confident the court will consider all the circumstances and make an appropriate sentence."

Mansho's attorney, James Koshiba, did not return calls for comment.

Takata's memo cited numerous instances in which Mansho abused the position of trust she has held for 13 years.

"Regarding the history and characteristics of Defendant Mansho, her smiling face and community activities are a facade for the true person who believes that political office is imbued with privileges and who helped those who could help her further her political career," Takata wrote in his seven-page memo.

In his arguments seeking a 10-year term, Takata argued that Mansho intentionally used campaign funds for personal use, used her Council staff to do campaign work during city time with "and did so with impunity for about 10 years."

"This illegal use of City Council staff to do defendant Mansho's campaign work was done with Defendant Mansho's full knowledge and approval," Takata wrote.

According to the memo, the fraud began just months after she took office. Mansho, a former schoolteacher and high school vice principal, was a Council member since October 1988.

She pleaded guilty to first-degree theft -- stealing more than $20,000 in city funds between April 1, 1989 and Dec. 31, 2000 -- and second-degree theft -- stealing more than $300 from the Friends of Rene Mansho between Jan. 1, 1994, and Aug. 31, 2000.

Takata estimated Mansho cost Honolulu taxpayers about $165,000 by misusing Council staff. The state is seeking full restitution in that amount. She has already paid $40,000 and agreed to pay an additional $25,000.

Takata said Mansho would take note who received permit approvals by the City Council, apparently so she could solicit contributions from them. Once when a corporation returned 12 tickets to her January 1997 fund-raiser, she wrote on the letter, "Do not assist them ... take off our list ... so selfish ... after all we did ... short memory."

Takata said Mansho improperly used campaign funds for personal use including paying for airline tickets and hotel accommodations, restaurant meals, phone bills, a high school reunion at Turtle Bay Hilton and dues for organizations, such as her sorority.

He said Mansho used her staff to prepare, stuff and mail fliers for fund-raisers, solicit by phone contributions to fund-raisers and donations of gifts to be used as prizes, sign wave, staff her campaign office in Mililani and participate in Aloha Boat days.

She apparently had staff do campaign work on the fifth floor of Honolulu Hale where they would be less conspicuous, instead of the second floor where Council offices are located, he said. Campaign-related work was part of her staff's job description until Mansho removed it in response to the Andy Mirikitani case, an indication that she knew it was illegal, he said.

Mirikitani was convicted last year for receiving nearly $7,000 in kickbacks in an extortion scheme involving former staff. He is serving a four-year federal prison term.

When someone suggested volunteers do the campaign work outside Council offices, Mansho responded by saying, "This is part of your job. If I don't get re-elected, you guys don't have jobs."

Or "if staff doesn't do this, who else is going to do it?" "I'm the boss. I make decisions," she said. "This is my priority right now," or "Stop being a f----- bitch."

Takata said Mansho improperly used her influence as a public official by having a city department transport and set up potted palms for Aloha Boat Days at Aloha Tower -- not a city event -- or had a Honolulu Fire Department boat spray water for her January 2000 fund-raiser.

Capt. Richard Soo, Honolulu Fire Department spokesman, said the department's fire boat Moku Ahi does one fire drill a month and just happened to be spraying nearby where Mansho was holding her fund-raiser. No disciplinary action was taken against the crew after an internal investigation found that the crew's actions was not part of her fund-raiser, Soo said.

Mansho also requested complimentary tickets to events and attended sometimes without a ticket, "her attitude being, she would like to see them stop her from attending," Takata said.

She also participated in activities that created conflicts of interest, Takata noted. As a "spokesperson" for a company that sells electric cars, she was allowed use of one for free or at nominal cost. But she was more than a spokeswoman for the company when she lobbied the Legislature for tax credits and urged the city to purchase the vehicles.

She also received compensation from a bottled water company and installed a water cooler from the company in her office until the Council chairman told her to remove it.

Takata said a 10-year prison term is necessary to reflect the seriousness of her crimes, promote respect for the law and provide just punishment. To sentence Mansho to anything less would overlook that these offenses occurred over a period of time -- nearly a decade, were intentional and committed by a public servant, Takata noted.

"Work she did ostensibly for the community was in actuality done to get her re-elected."

He said Mansho lacks insight into her conduct and has failed to take responsibility for her actions, which if left unpunished, can lead to her continuing her criminal conduct.

When asked by the judge at her change of plea on April 25 why she was pleading to the charges, Mansho replied: "I was charged with the use of my city staff for noncity business during city time. As the elected Council member of the office, I am taking the responsibility."

Takata said that her reply shows she was assuming responsibility not for her criminal conduct, but for the conduct of others, because it happened on her watch.

"By sentencing her to incarceration, she could not hold public office again and will not be in a position to victimize taxpayers again."

Other public officials convicted in the past for improperly using campaign funds or committed theft and fraud have received federal jail sentences, Takata argued. He cited, among others, former House Speaker Dan Kihano and former state Sen. Milton Holt. Kihano received two years and Holt received one year in federal prison.

Besides incarceration or a deferral, Mansho could receive probation with up to one year in jail or probation with no jail.

Because she has no prior record, Mansho could qualify for a deferral, but it will be up to the sentencing judge.

The court has received numerous letters of support for Mansho, which were not made part of the public record because it was included in her pre-sentence investigation report.

As part of a plea agreement, the state is expected to drop remaining charges of second-degree forgery, racketeering and money laundering against Mansho, who has given up her right to appeal the sentencing.

Last year, the state Campaign Spending Commission fined Mansho for misusing campaign funds. She also reimbursed the Council for $40,000 after the city Ethics Commission found she had misused Council staff.

She resigned her Council seat, representing North Shore-Waipahu, on April 10, the day a grand jury was to meet to consider criminal charges against her. Her term was to expire in January.