First guilty plea in Harris probe

By Johnny Brannon
Advertiser Staff Writer

In an unusual legal maneuver, a prominent Honolulu attorney yesterday became the first person to plead guilty to steering illegal campaign contributions to Mayor Jeremy Harris since a wide-ranging investigation began nearly two years ago.

Edward Y.C. Chun, 71, denied in court papers that he had intentionally advised the Food Pantry grocery chain to violate the law by donating $5,000 to Harris under the names of two employees.

But he admitted his failure to carefully check whether the contribution was legal and could be construed as "reckless conduct" and grounds for conviction.

Chun pleaded guilty to the misdemeanor charge of exceeding the state's $4,000-per-donor campaign donation limit in exchange for prosecutors dropping a second charge of making donations under a false name.

But as a condition of the plea, Circuit Court Judge Steven Alm also granted Chun the right to appeal an earlier ruling denying Chun's request that Alm remove himself from the case after indicating he would sentence Chun to prison.

That means the guilty plea could be tossed out if an appeal is successful, and the case could start over before another judge, according to prosecutors.

Chun, a senior partner in the Honolulu law firm of Chun Kerr Dodd Beaman and Wong, is scheduled to be sentenced on Nov. 24 and faces a maximum penalty of one year in prison and a $2,000 fine.

But Alm has said he favors a 10-day sentence that could be served on weekends, one year of probation and fines and fees totaling $325.

Any prison sentence would make Chun the first person to be locked up since the campaign probe began in January 2002.

Seven other defendants have been fined after pleading no contest to criminal charges related to Harris' campaign, several more are awaiting trial and nearly 20 have been arrested on suspicion of various charges.

Chun's plea bargain requires him to cooperate with investigators. Deputy City Prosecutor Randal Lee said he wants to know whether anyone asked Chun to get the money from Food Pantry and whether anything was promised in return. Food Pantry has not been accused of wrongdoing.

"If anything, this guilty plea validates what we've been doing all along," Lee said. "If you violate the campaign spending laws, you will be prosecuted."

He wouldn't say whether he believed Chun had intentionally helped funnel illegal money to Harris.

"We'll address that at sentencing," Lee said. "... He's a lawyer. He should have known the law, and he should not have given such advice."

Chun could also face sanctions by the state Office of Disciplinary Counsel. Attorneys are subject to penalties ranging from censure to disbarment if they lie, act unethically or commit a crime.

Chun's attorney, Dale Lee, had asked Alm to disqualify himself from the case for allegedly reaching a premature conclusion that Chun was guilty and should go to prison.

Alm ruled Monday that Dale Lee had presented no evidence to back the claim and said Lee had taken appropriate pre-trial discussions out of context.

Chun declined to comment on his plea, and Dale Lee said only that it allowed for an appeal.

Neither Harris nor officials from his campaign have been accused of wrongdoing. The mayor's attorney has said Harris never solicited or knowingly accepted illegal donations.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 525-8070.