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The Honolulu Advertiser
Posted on: Saturday, June 7, 2003

Maui warden charged with assault of inmate

By Lynda Arakawa
Advertiser Capitol Bureau

A Maui grand jury yesterday indicted Maui Community Correctional Center warden Albert K. Murashige on felony charges of sexually assaulting one of the female inmates at the facility.

MURASHIGE
The indictment charging Murashige with 13 felony offenses occurring on five occasions in May and June is the first time a warden has been criminally charged with sexual misconduct here, public safety officials said.

"The state of Hawai'i takes these matters extremely seriously," state Attorney General Mark Bennett said. "And we have zero tolerance for the criminal abuse of state prisoners by state employees, and we will prosecute all such cases to the fullest extent of the law."

But Murashige's lawyer, David Sereno, said his client, who was released on $100,000 bail yesterday afternoon, will plead not guilty to the charges.

Murashige faces 13 charges

• Maui Warden Albert K. Murashige was indicted by the Maui grand jury on 13 felony counts that allege he sexually assaulted a female inmate.

• If convicted of first-degree sexual assault, one of the 13 charges, Murashige faces a mandatory prison term of 20 years with parole.

• Murashige posted $100,000 bail.

• Arraignment is tentatively scheduled for June 26.

"These are very serious allegations, and he's very, very upset and despondent," Sereno said. "But his spirits are much better obviously because he has the support of his family and the support of his friends, and I think he's doing pretty well under the circumstances."

Sereno said Murashige, 46, who has been warden of the Maui Community Correctional Center since 1991, was at his home with his family. Murashige has a wife and two children, the lawyer said.

Murashige was arrested at his Makawao home Wednesday night by special agents for the state attorney general.

Bennett said the alleged offenses occurred at the correctional center on five separate dates from May 1 to June 4 this year. Murashige is charged with first-degree sexual assault, second-degree attempted sexual assault and kidnapping. The offenses carry maximum prison terms ranging from five years to 20 years.

The indictment does not allege that Murashige and the inmate had sexual intercourse but says he inappropriately touched and groped her. Bennett said the warden was charged under state law prohibiting any sexual contact with a prisoner and was also accused of forcibly molesting the inmate.

State Public Safety Director James Propotnick said Murashige had been under suicide watch when he was in custody. But Sereno said he hasn't confirmed that.

"He seems OK to me," Sereno said.

Bennett said the case was brought to the attention of the attorney general's office last week by Maui state Rep. Kika Bukoski, who had received a letter written by the inmate.

Bukoski said he received the inmate's letter via a prison guard last month and that the guard confirmed the accusation warranted a formal investigation.

Bukoski said he notified the attorney general's office the next day, calling it "one of the most difficult things I have ever done." He would not say whether the letter was addressed specifically to him.

Officials said the 44-year-old inmate was convicted of drug offenses and was in the facility for a parole violation. She is still at the facility at her request.

Officials did not say where in the facility the alleged assaults occurred, but the indictment describes one instance of alleged attempted sex assault that references Murashige's office.

It said on May 13 Murashige attempted to have sex with the inmate by kissing and hugging her, groping her, "and/or by stating that he wanted to rip off her clothes and have sex on the floor beside his desk. ..."

"We believed we had significant corroborating evidence so that should this case go to trial, it will not be dependent solely on the credibility of the victim, and the grand jury felt that we had established probable cause to believe that all of the offenses had been committed," Bennett said.

He refused to discuss the specific evidence in the case.

Bennett said an investigation is continuing to "make certain that we are able to determine the extent and level of the conduct of Mr. Murashige."

Propotnick said that as of June 4 Murashige has been put on administrative leave without pay for 30 days and that the department will review his status at the end of that period.

Department regulations prohibit a warden from being alone with a female prisoner, he said, the department will also conduct an internal investigation into the matter.

"It's very distressing to hear that type of news," Propotnick said. "Very distressing. ... I've known Mr. Murashige. I've met him on several occasions. And this came as a complete surprise, right out of the blue. He's well respected by his employees and by the community on Maui in general. That's why this was a surprise."

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.