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The Honolulu Advertiser

Updated at 11:31 a.m., Thursday, December 6, 2001

Mirikitani gets 4-year sentence

By Robbie Dingeman and Lynda Arakawa
Advertiser Capitol Bureau

Former Honolulu City Councilman Andy Mirikitani was sentenced today to four years and three months in federal prison for public corruption. Federal prosecutors say it is the longest term a public official has been ordered to serve in federal court in recent years.

Andy Mirikitani and his wife, Sharron, leave federal court today after they were sentenced in their public corruption case.
Cory Lum • The Honolulu Advertiser

Mirikitani's new wife and co-defendant, Sharron Mirikitani (formerly Bynum), received a sentence of 1 year and 9 months in prison. Both are required to pay restitution of $6,884, the money they received in the kickback scheme.

U.S. District Judge Helen Gillmor handed down the sentence this morning. Mirikitani declined to speak in court or after and showed no emotion when Gillmor outlined his punishment.

Mirikitani was convicted July 3 of theft, bribery, extortion, wire fraud and witness tampering for offering two former city aides bonuses if they gave him back part of the money.

Gillmor declined to issue a fine, saying she doesn't believe they have the ability to pay it.

Mirikitani, who represented Manoa, McCully, Mo'ili'ili, Makiki and Ala Moana, served on the Council from 1991 until he resigned Saturday.

Judge uses harsh words

Gillmor said Mirikitani's criminal behavior showed "a lack of respect for the process and a lack of respect for the public."

Assistant U.S. Attorney Michael Seabright said he was satisfied with the sentence, even though the judge had the discretion to make it even longer.

In court, Seabright argued that Mirikitani deserved a lengthy term because his actions as a elected official violated the public's trust. "He is in this court for violating the very ethics that he said he stood for these many years," Seabright said.

By never apologizing or taking responsibility for his actions, Mirikitani showed his arrogance, Seabright said.

Defense attorney John Edmunds said that he will appeal the case. Gillmor denied his motion to keep Mirkitani free on bail pending the appeal. She said she had ruled on those issues Edmunds raised during trial and doesn't expect the case will be overturned.

Gillmor allowed both Mirikitanis to remain free over the next several weeks and then surrender themselves to the federal Bureau of Prisons at 2 p.m. on Jan. 17. Both requested Mainland prisons but Gillmor said the federal prison system would make that decision.

Based on sentencing guidelines, Gillmor could have ordered the former Council member to serve another year and his wife to serve another six months.

Forewoman wanted longer sentences

Missy Sato, the jury forewoman in Mirikitani's trial, returned to court to learn the outcome of the trial first-hand. She said: "If I had my way I would give them more, but at least finally they're going away.

"Most times when these kinds of crimes happen, they don't really punish the people very hard and it's not a deterrent for sure," she said. "Given that he is a public official he should be held to a higher standard more so than just an executive who commits fraud. He should be held higher because he bilked the public's trust, and you're always wondering why the public don't like government officials ... well this is the reason, because we can't trust them all the time."

No remorse, judge says

While she sentenced him, Gillmor took note of his lack of remorse.

“Mr. Mirikitani has never accepted responsibility for these acts.”

Gillmor said she allowed Mirikitani the opportunity to turn himself in at a federal prison because she did not believe he would flee. Because both are surrendering themselves at an appointed date, they must pay their own travel expenses to get to prison. Gillmor also imposed an additional fee of $600 for Mirikitani and $200 for his wife.

Mrs. Mirikitani’s attorney, assistant federal public defender William Domingo, had asked that she be given probation or ordered to serve time in home detention. He cited a heart attack in February and other ailments. Gillmor denied that request, noting that Domingo had not provided evidence of a life-threatening medical condition for his client.

Mrs. Mirikitani also at first declined to speak in court, but then felt compelled to explain she was doing that only because: “anything that I say won’t make a bit of difference.”

She added: “this was decided the moment I walked in the door.”

Seabright said that her statement provided further evidence that both of them want “to blame everyone else” for the actions that brought them down.