Posted on: Friday, June 22, 2001
Mirikitani takes stand, denies kickback charge
By Robbie Dingeman
Advertiser Staff Writer
Honolulu Councilman Andy Mirikitani yesterday took the stand in his federal court trial, denying that he required a kickback from a former aide who received a substantial bonus from him.
"Absolutely not," Mirikitani said when asked if he sought part of the bonus money he had paid to former council aide Jonn Serikawa.
"I never asked him for a campaign contribution," Mirikitani testified. "He never gave me any of the bonus money."
Mirikitani, 45, an attorney and the three-term City Council member who represents the urban Honolulu areas of Manoa, Makiki, McCully and Ala Moana, was not expected by many to take the witness stand until later in the trial.
But he took the stand just 20 minutes after the defense opened its presentation and spoke publicly in detail for the first time about the felony case that could end his political career and send him to prison.
Mirikitani is charged with theft, bribery, extortion, wire fraud and witness tampering. His girlfriend, Sharron Bynum, is accused of aiding and abetting him in the theft, bribery and extortion cases.
Federal prosecutors describe Mirikitani as the highest-ranking elected official in Hawai'i to be indicted on federal felony charges while in office. He is accused of giving two former employees —Serikawa and Cindy McMillan — nearly $26,600 in bonuses in return for their giving him or his campaign more than $6,800.
Mirikitani's lawyer, John Edmunds, yesterday focused questioning of the defendant mostly on Serikawa's testimony earlier in the trial. Mirikitani is expected to testify today about allegations that he demanded and received kickbacks from McMillan, the other key prosecution witness.
Mirikitani yesterday denied that he offered Serikawa a bonus in exchange for a kickback during a meeting on a bench in front of the main state library across from City Hall. Serikawa had testified that such a meeting took place.
During parts of his half-hour appearance on the witness stand, Mirikitani occasionally seemed nervous. He was twice chided by U.S. District Helen Gillmor, once for answering a question after the prosecution had objected and another time for not answering his own attorney's questions directly.
"Mr. Mirikitani, you've got to listen to the questions and actually answer the question that's being asked, " Gillmor told him.
And at another point, Mirikitani mentioned he had heart surgery. He and his attorney had been told earlier by the judge that they could not raise his health condition or other matters dealing with personal hardship.
Gillmor instructed the jury to disregard the health remark.
Earlier yesterday, former Mirikitani aide Alexander "Hank" Raymond testified that he served as treasurer of Mirikitani's campaign and kept all the records on a computer at City Hall in Mirikitani's eighth-floor staff office.
Raymond said he offered to take the records home and work on them there, but Mirikitani told him not to. State law and city ethics guidelines prohibit running a campaign out of a government office.
Mirikitani has been in court for the trial since it began last week, missing a City Council decision-making meeting Wednesday.
There were no close votes, but he was absent when one of his pet projects came up — a proposal that a planning map include expansion of Pawa'a Park, within Mirikitani's district.
By a 6-2 vote, the move was deferred "indefinitely," which in effect kills the project. Asked about that project, Mirikitani said: "I believe the bill is still alive."
If convicted of the felonies, Mirikitani must leave his elected post when he is sentenced. But he can remain in office for months even if found guilty because the earliest he can be sentenced, according to court officials, is November.
