Updated at 12:15 p.m., Friday, June 29, 2001
Mirikitani corruption case in jury's hands
By Robbie Dingeman
Advertiser City Hall Writer
After listening to both the defense and prosecution accuse each other's witnesses of lying, a federal jury began deliberations this morning in the corruption case against city Councilman Andy Mirikitani.
During yesterday's closing arguments, assistant U.S. Attorney Michael Seabright told the jurors that the government has proved its case through evidence and witnesses that Mirikitani is guilty of theft, bribery, extortion, wire fraud and witness tampering.
The prosecutor called Mirikitani "a corrupt politician."
Two former Mirikitani aides, Cindy McMillan and Jonn Serikawa, testified that he gave them nearly $26,600 in bonuses in exchange for them kicking back to him and his campaign about $6,600, about half the bonus after taxes.
Mirikitani's girlfriend Sharron Bynum is a codefendant in the trial and is accused of assisting the councilman in the alleged kickback scheme.
"It's clear someone is lying," Seabright said, and that is Mirikitani. He argued that McMillan had no motive to make up a story about her ex-boss and that she testified credibly. "Compare that to the sporadic and selective memory that Mr. Mirikitani had on the stand," Seabright said.
Both Mirikitani defense attorney John Edmunds and Bynum defense attorney, deputy federal public defender William Domingo, tried to cast doubt on the credibility of the two former employees.
Edmunds said Serikawa was lying and McMillan was pressured by the government to tell investigators what they wanted to hear.
He argued that it wasn't logical for Mirikitani to plot to get money to pay skyrocketing legal bills, then hold on to the check for weeks. "Why would he risk everything? He just wouldn't do it," Edmunds said.
Edmunds told the jury that the government pressured both McMillan and Serikawa to testify against Mirikitani in exchange for immunity from prosecution. "These people are accomplices; they have admitted committing crimes," he said.
Edmunds said the witnesses were brought in to try to "ruin him."
He also said that Serikawa would have been the last person Mirikitani would fire after involving him in the alleged kickback scheme. "That is calling an air strike in on yourself."
Domingo called the government "the 800-pound gorilla" with the power to compel witnesses to testify.
Seabright urged the jury to remember that Mirikitani is on trial and not the ex-employees. "Mr. Mirikitani is the public official who orchestrated this entire deal," Seabright said.
Seabright said Mirikitani lied to the jury after trying to silence both witnesses against him, first Serikawa in the Tantalus Lookout meeting where the FBI recorded their conversation and later when Mirikitani told McMillan to tell those who asked that she was "never asked" to pay kickbacks.
Councilman Steve Holmes, who has clashed with Mirikitani in the past, spent yesterday watching the final arguments . If Mirikitani is convicted, Holmes said, his colleague should step down immediately rather than remain on the Council as a convicted felon.
Court officials have indicated that those convicted this month in U.S. District Judge Helen Gillmor's courtroom would be sentenced in November at the earliest. Under state law, if Mirikitani is found guilty, he must step down from the council at his sentencing.
