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The Honolulu Advertiser
Posted on: Wednesday, May 28, 2003

Former bank executive gets five years' probation in sex assault

By David Waite
Advertiser Courts Writer

A former bank executive was sentenced to five years' probation yesterday for sexually assaulting a 12-year-old girl who had gone to clean his downtown Honolulu condominium in June 2002.

In addition, Circuit Judge Marie Milks ordered Alfred Gross, 68, to repay the girl $510 in out-of-pocket expenses spent on therapy and treatment for the incident and to make a $5,000 donation to an organization of his choice that provides services to sexual assault victims.

Gross must also pay all costs of the girl's ongoing therapy.

Milks ordered Gross to return to court Sept. 24 with letters from his relatives "clarifying they were in error as to their understanding of your involvement" in the case.

Milks said she had received letters of support from some of Gross' relatives saying he was not guilty of the offenses.

Gross pleaded guilty March 24 to two counts of second-degree and two counts of third-degree sexual assault as part of a plea agreement that called for probation at his sentencing.

At the time he was indicted, police said Gross' wife had struck up a friendship with the girl while both were doing volunteer work for a nonprofit agency. They said the wife asked the girl if she wanted to earn some money by doing chores at the Gross' Honolulu Tower apartment at 60 N. Beretania St., and the girl agreed.

Gross was a senior vice president for First Hawaiian Bank when the offenses occurred, but has since retired, city Deputy Prosecutor Myron Takemoto said.

Takemoto questioned whether Gross fully appreciates how deeply his actions "devastated the victim," saying that Gross has continued "to blame the incident, in part, on the child."

But Gross' lawyer, Jonathan Burge, said Gross has taken responsibility for his actions. Burge called the case "very defendable" had the matter gone to trial.

"Instead, (Gross) came forward, said he is guilty and is taking responsibility," Burge said.

Milks said that if Gross had gone to trial and had been found guilty on three of the seven counts he was originally charged with, he would have been faced with mandatory 20-year terms.

The plea agreement with prosecutors allowed him to "escape the consequences of going to trial," Milks said.

Milks also ordered Gross to undergo sex offender treatment and to register with authorities as a sex offender.

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