Mirikitani found guilty in federal extortion trial

By David Waite
Advertiser Staff Writer

City Councilman Andy Mirikitani became the highest ranking elected official in Hawai'i ever to be convicted of a federal felony while in office when a jury yesterday found him guilty on all counts in his public corruption case.

Councilman Andy Mirikitani leaves court after being found guilty of theft, bribery, extortion, wire fraud and witness tampering. His girlfriend, Sharron Bynum, behind him, was found guilty of theft and extortion but not guilty of bribery. Deborah Booker • The Honolulu Advertiser

Under federal sentencing guidelines, Mirikitani will almost certainly have to spend time in prison. He faces maximum prison terms totaling 65 years and up to $1.5 million in fines.

Mirikitani sighed heavily after U.S. District Judge Helen Gillmor finished reading the verdict form that found him guilty on all six counts of theft, bribery, extortion, wire fraud and witness tampering.

The jury of eight women and four men deliberated for nearly three full days before convicting the three-term councilman of forging a deal in 1999 to pay two of his former aides $26,600 in year-end bonuses in exchange for their kicking back $6,880 to him and his campaign.

Missy Sato, the jury forewoman, said she believed that Mirikitani was lying when he denied ordering the kickbacks. Sato that one of the few parts of his testimony she found believable was the grief Mirikitani expressed over the death of his former girlfriend.

"It didn't help that he contradicted a lot of things and he said things that just didn't make sense," Sato said. "It would have been better if he tried to at least use the evidence to corroborate his story. So in a way, he did kind of kill his own side by testifying, but that was his own choice to do so. He took it as it came."

She also said that she's "very comfortable" with the verdict and that the jurors made sure to go through "every single little thing."

"I'll sleep tonight," she said.

Mirikitani represents Manoa, Makiki, McCully and other communities of urban Honolulu.

His girlfriend, Sharron Bynum, who was tried as an aider and abettor to Mirikitani in the kickback scheme, was found guilty of the theft and extortion charges against her, and not guilty on a bribery count. She also will be sentenced Dec. 4.

Assistant U.S. Attorney Michael Seabright, who had characterized Mirikitani during the trial as "a corrupt politician," said he wasn't surprised by the verdict. He said the outcome was "fully consistent with the evidence."

"Mr. Mirikitani abused his position of public trust and that's what the jury found today," Seabright said.

He said he hopes the verdict sends a message "that this sort of conduct will not be tolerated."

Former aides Jonn Serikawa and Cindy McMillan, who were granted immunity in the case, were prime prosecution witnesses, testifying that Mirikitani approached them independently with the bonus-for-kickback scheme.

After the verdict was returned, Serikawa said he's glad the trial is over and thanked his family and God for helping him through.

"Mr. Mirikitani still has to answer to a much higher court," he said.

Mirikitani and his lawyer, John Edmunds, encountered reporters on their way out of the federal courthouse following the verdict. Deborah Booker • The Honolulu Advertiser

"The bottom line is, well, you just have to tell the truth and that's what I did," he said.

Mirikitani, who testified on his own behalf during the three-week trial, acknowledged that he gave the two staff members hefty bonuses, but adamantly denied soliciting either aide for cash or a campaign contribution in exchange for the bonus.

He said McMillan voluntarily made a campaign donation to him, but he denied that Serikawa ever gave him a donation or cash, despite Serikawa's testimony to the contrary.

When he was indicted in November, federal officials said Mirikitani was the highest elected official in Hawai'i history ever to be indicted of a federal felony while still in office. At the time, Mirikitani said he was looking forward to the trial and expected to be vindicated.

After the verdict, Mirikitani deferred questions about the case and his future on the City Council to his lawyer, John Edmunds.

"We are exploring the idea of an appeal right now," Edmunds said, declining to describe the legal basis for such an action.

Bynum's lawyer, assistant federal public defender William Domingo, said Bynum was "surprised and disappointed" by the verdict.

As they filed into the courtroom, the jurors — none smiling — did not look at Mirikitani or Bynum, 52.

After the verdicts were announced, first for Mirikitani and then for Bynum, Seabright said he would not object to allowing Bynum to remain free on bail while awaiting sentencing.

But he said he was concerned about allowing Mirikitani to remain free, given "the degree to which Mr. Mirikitani lied while on the stand" and Mirikitani's "almost delusional belief that he could lie his way out from under the charges against him."

Edmunds called Seabright's "characterization of Mr. Mirikitani outrageous."

"There is no hint or reason to believe Mr. Mirikitani will not show up for sentencing," Edmunds said.

Judge Gillmor allowed the two to remain free on the same bail conditions that were in effect before and during the trial. She told Seabright he could file a request in the future to detain Mirikitani without bail while awaiting sentencing, if circumstances warranted.

Mirikitani and Bynum huddled together with their lawyers for about 10 minutes after the judge and jury left the courtroom.

Mirikitani, a councilman since 1990 and a lawyer, is prevented by term limits from running for re-election next year. He is best known for efforts to rid his district of pornography shops, hostess bars and strip clubs.

Advertiser staff writers Robbie Dingeman and Lynda Arakawa contributed to this report.