Rodrigues' attorneys file for acquittal or new trial

By Walter Wright
Advertiser Staff Writer

Attorneys for former United Public Workers union chief Gary Rodrigues and his daughter yesterday asked a federal judge to order acquittal or a new trial on grounds of alleged judicial errors, prosecutorial and jury misconduct, and faulty jury instructions.

In a 45-page brief submitted yesterday in support of their original Nov. 25 request for a new trial, the defense lawyers said convictions on many of the 102 felony counts were invalid because of insufficient evidence and failure to properly instruct jurors.

Some of the charges unfairly duplicated others, attorneys Boron Weinberg and Richard Hoke argued in the brief.

Once one of Hawai'i's most powerful labor leaders, Rodrigues, 61, was found guilty by a federal jury last month of 100 felony counts including mail fraud, money laundering and embezzlement. He was convicted of taking kickbacks from companies that did business with the union, as well as steering consulting fees toward his daughter, Robin Rodrigues Sabatini, for work she didn't perform.

"The government did not prove that Rodrigues embezzled the assets of the UPW or anyone else," the defense attorneys said.

They said federal prosecutors committed misconduct by presenting evidence they knew to be misleading, and withholding evidence tending to show the defendants were not guilty.

U. S. District Court Judge David Ezra, who was asked to rule on the motions, repeatedly erred in instructions to the jury and in allowing certain evidence to be heard by the jury, defense counsel said.

They said they wanted to reserve comment on allegations of jury misconduct until they could interview some or all of the jurors, but said the "haste" with which the jury reached its verdict suggested there was misconduct.

The jury of seven women and five men deliberated a little less than 12 hours before finding Rodrigues and his daughter guilty.

Prosecutors Florence Nakakuni and Lynn Panagakos could not be reached yesterday, but will have an opportunity to file a brief in response.

Rodrigues and his daughter are free pending sentencing May 12.

Reach Walter Wright at wwright@honoluluadvertiser.com or 525-8054.