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The Honolulu Advertiser

Posted on: Friday, June 18, 2004

Maui ex-warden gets jail sentence

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — Former Maui Community Correctional Center warden Albert K. Murashige was sentenced yesterday to one year in jail and five years' probation for sexually assaulting a female inmate last year.

Albert Murashige

Maui Judge Reinette Cooper rejected the state's recommendation for a 10-year sentence even after saying she was convinced that Murashige would have been slapped with a mandatory 20-year prison term if the case had gone to trial and he were convicted of first-degree sexual assault, a charge that was dropped in a plea bargain with the state.

"The bottom line is that you engaged in horrific behavior, considering your status in the community," Cooper told Murashige. "When I look at this case in totality, I say shame on you."

Nevertheless, she said Murashige lived a "stellar, law-abiding life" before the crimes, as evidenced by a stack of 40 to 50 testimonial letters from retired judges, lawyers, colleagues, and church and community members. The letters were part of a sentencing report that was not made public.

Cooper noted that psychological evaluators indicated the first-time offender was unlikely to commit another offense and was likely to be rehabilitated.

Deputy Attorney General Rick Damerville said he was surprised by the sentence. He said it sends a "wrong message" to prison guards across the state.

"If the warden only gets one year, what am I going to get?" he said. "There are going to be more corrections officers that are going to be willing to take that chance."

The 47-year-old Makawao resident, married with two children, is the first warden in Hawai'i to be convicted of sexual misconduct involving an inmate.

Murashige pleaded no contest in January to two counts of second-degree attempted sexual assault and second- and third-degree sexual assault. In return, the state dropped nine charges, including first-degree sexual assault and kidnapping, and agreed to seek only a 10-year term.

The 13 original charges said crimes took place in the warden's office on five occasions in May and June last year. The victim, a 45-year-old former elementary school teacher and drug offender who was in the facility for a parole violation, was summoned after hours to his office, where he groped her, Damerville said. Corrections officers were suspicious but did not attempt to report the activity, he said.

Damerville said Murashige told the woman he could be fired for what he was doing. "He knew the grave nature of his conduct and he couldn't control himself," he said.

The allegations came to light when the woman sent a letter to state Rep. Kika Bukoski, R-12th (Upcountry Maui), who passed the information on to the state attorney general's office.

"A year in jail is insufficient," Damerville argued before the judge. "As warden, he has to be held to a higher standard."

Murashige's attorney, David Sereno, said his client had taken responsibility for his actions and was suffering shame and "agony beyond belief."

"He's destroyed his life, your honor. I don't know if there's a greater punishment," Sereno said.

With trembling voice, Murashige asked for mercy from the court. He also asked for forgiveness from the victim, her family and the community. He said his life was changed and he vowed to serve God and the community in the years to come.

At the time of his arrest last year, Murashige was among the state's most senior wardens. He worked at the Maui jail from 1980 and was appointed to the top post in 1991. He was placed on leave and quit effective Sept. 5.

Frank Lopez, deputy director of corrections for the state Department of Public Safety, said that because of Murashige's connection to the state prison system, he likely will be jailed at the Federal Detention Center in Honolulu.

During his career, Murashige was praised for his work in the prison system, having received awards from former Gov. Ben Cayetano and the Maui County Bar Association.

But he also endured criticism. In the early 1990s, the jail suffered a rash of escapes, including one in 1995 when a furloughed inmate commandeered a car with its driver and her 12-year-old daughter in it and raped the girl, leaving the two tied up in a canefield. Jail officials said they were unaware that the inmate's record included an escape on the Mainland.

The escape sparked a public outcry, and a citizens task force was formed to look at jail policies and the handling of the escape, including notification of nearby schools.

In the mid-1990s, at least five Maui jail guards were arrested for selling drugs and three others were charged with robbing a Kihei home. In 1996, Maui jail guard Michael Saffery received a 10-year prison term for forcing a female inmate to perform oral sex.

Cooper, a District Court judge, presided over the case because all three of Maui's Circuit Court judges recused themselves, citing frequent dealings with Murashige as warden of Maui's jail.

Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.