Maui ex-warden’s
sentence ‘a step back,’
says advocate
WAILUKU >> An advocate for sex assault victims criticized a judge's sentencing of a former Maui prison warden to one year in prison for multiple sexual assaults on a female inmate.
The one-year prison term for former warden Albert Murashige was a "step back" in efforts to bring justice to victims of sexual crimes, Sheri Daniels said yesterday in an interview after the hearing. She is administrator of the nonprofit Child & Family Service on Maui, which counsels victims of sexual assault.
"I think it sets a real bad precedent," Daniels said. "How do you work with the victims when there's a disparity between the act and the consequence? You wonder if it would have made a difference if it was somebody else."
State Deputy Attorney General Rick Damerville, who sought a 10-year term for Murashige, said he felt the one-year sentence sends the "wrong message" to prison guards. Damerville said there will be more guards willing to take a chance and then argue for a one-year sentence if they are caught and convicted.
Murashige, 47, could have faced up to 70 years in prison and an $85,000 fine.
He pleaded no contest on Jan. 15 to two counts of attempted sexual assault and one count each of second- and third-degree sexual assault, in return for the prosecution dismissing nine other charges.
The state attorney general's office also agreed to recommend no more than a 10-year sentence of imprisonment.
State Corrections Deputy Director Frank Lopez said in an interview that his office is looking at holding Murashige at the federal detention center in Honolulu. Lopez said Murashige is being assessed to determine whether he will require special detention for his own safety.
Murashige sexually assaulted a 44-year-old female inmate on five occasions in his office at Maui Community Correctional Center from May 1 through June 4, 2003.
The inmate was serving time for felony drug convictions and was on a work furlough program at the time.
Acting Maui Circuit Judge Reinette Cooper imposed the one-year prison term yesterday after publicly explaining how she weighed a number of factors, including the crime and Murashige's "stellar" community work. Cooper also sentenced Murashige to five years' probation after he serves his jail time.
She said she received an "extraordinary" number of letters in support of Murashige, including one from a retired judge.
Cooper said the letters described Murashige in glowing terms as "honest," "good" and "compassionate" but expressed no empathy for the victim.
"She is the victim, not you," Cooper said. "The bottom line is, Mr. Murashige, you engaged in horrific behavior. ... As I look at the totality of this case, all I can say is shame on you."
But Cooper said other than the convictions he faced yesterday, Murashige had no prior criminal record, and a pre-sentence report indicated he would not repeat the offense.
Defense attorney David Sereno said the shame Murashige has brought upon his family and friends living in a small island community has been the worst punishment.
Sereno said Murashige committed the crime but also did many good acts to help people in his years as a warden.
Murashige apologized and asked the community for for giveness.