Rodrigues free until sentence

By David Waite
Advertiser Courts Writer

After a federal judge yesterday denied a request to hold Gary Rodrigues without bail until his sentencing next year, the lawyer for the former head of the United Public Workers union said he was convinced his client's guilty verdict on 100 felony counts would be overturned.

Doron Weinberg, a San Francisco-based attorney who represented Rodrigues during a monthlong trial on mail fraud, money laundering and kickback charges, made his prediction just minutes after federal Judge David Ezra rejected the request by federal prosecutors to hold Rodrigues until he is sentenced May 12.

Weinberg did not say why he expected the Nov. 19 verdict against Rodrigues to be overturned. Under a deadline that Ezra refused to extend, Weinberg has until Dec. 16 to file a motion for a new trial.

Assistant U.S. Attorney Florence Nakakuni had sought to have Rodrigues held without bail during the next five months based on statements he made moments after the jury found him guilty on all counts two weeks ago.

Rodrigues turned to his 9-year-old granddaughter and told her, "Remember those faces. They evil."

Nakakuni yesterday told Ezra that she and three other members of the federal prosecution team took what Rodrigues said as a threat.

She said she was so shaken by the incident and angry words directed at the prosecution team by Rodrigues' two daughters, Robin Sabatini, also a defendant in the case, and Kaua'i police officer Shelly Rodrigues-Bonachita that she asked a courtroom manager to call security.

"No one tells another to remember someone's face unless they mean it as a threat," Nakakuni said.

But Weinberg told Ezra to consider Rodrigues' entire history, including 21 years as the head of the United Public Workers and as a lifelong resident of the state with no prior criminal record.

During more than two decades as union leader, Rodrigues was often involved in tense negotiations and dealt with others whose views were far from his, Weinberg said.

"Not once was he accused of using force, fear or intimidation" during those negotiations, Weinberg said.

The remarks Rodrigues made to federal prosecutors and outbursts by his daughters came at the end of an emotionally trying ordeal for him, his family and his supporters, Weinberg said.

"I'm not asking the court to understand or condone what happened," Weinberg said. "But there is nothing to support or suggest that Gary Rodrigues would, or is capable of, physically harming someone."

He described Rodrigues' remark as "First Amendment expression of opinion."

"No one can reasonably interpret that as a threat," Weinberg said.

Weinberg acknowledged that when Rodrigues was leaving the courthouse the afternoon after the verdict, he did grab a microphone out of a television reporter's hand and throw it to the ground, but now regrets that action as well as the remarks he made to the prosecution.

Ezra, who was presiding over a federal court matter in Arizona when the verdict was returned, told Weinberg that if he had been present and witnessed the conduct of Rodrigues and his daughters, he might have found them in contempt of court.

"The sanctity of the courtroom is absolutely inviolate," Ezra said.

He said Rodrigues' behavior during the trial was impeccable and there was no indication Rodrigues "would lose control of himself" after the verdict was announced.

Rodrigues may have taken exception to what was reported about him by the media while his trial was under way, Ezra said. "But I won't tolerate the intimidation of, or threats to, anyone in the media covering a case in my court or any other court," Ezra said.

Rodrigues kept his eyes trained on the table where he was seated throughout the hearing, nodding occasionally to additional terms Ezra imposed on him if he is to remain free while awaiting custody.

Among them is a requirement that he have no contact with any officer or director of the United Public Workers union. If necessary, union officials may ask questions about union operations, but must do so through the federal probation office here, Ezra said.

Ezra last week rejected a bid by prosecutors to force Rodrigues to forfeit more than $300,000 to the federal government. But United Public Workers union member Dayton Nakanelua, a former executive assistant to Rodrigues, has asked the union's parent organization, the American Federation of State, County and Municipal Employees, to order that Rodrigues repay the union approximately $575,000.

Nakanelua said that amount includes $446,000 Rodrigues improperly steered to his daughter, Robin Sabatini, to serve as a consultant on union health insurance issues, and $127,000 in kickbacks that an insurance salesman told the court he had paid Rodrigues in appreciation for selling death and dismemberment policies to union members.

In addition, Nakanelua has asked the international union to block what he believes will be an attempt to pay Rodrigues close to $800,000 for unused sick leave and vacation benefits accrued while Rodrigues served as state director of the 12,000-member union.

Rodrigues and officials of the union's international could not be reached yesterday to comment on Nakanelua's requests.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.