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The Honolulu Advertiser
Posted on: Wednesday, May 12, 2004

Jury deliberating bribery

By Peter Boylan
Advertiser Staff Writer

A federal jury will resume deliberations today on bribery charges against two former Honolulu Liquor Commission investigators accused of taking cash from hostess bar owners in exchange for not enforcing the law.

"The evidence has shown that this case is about greed and corruption," Assistant U.S. Attorney Michael Seabright told the jury in closing arguments yesterday. "Instead of enforcing the law, they sold their office."

But defense attorneys for Harvey Hiranaka and Eduardo Mina argued that other former Liquor Commission investigators who testified for the prosecution cannot be believed. The defense attorneys both urged the jury to acquit their clients.

U.S. District Judge David Ezra has presided over the trial. The jury deliberated for about 10 minutes yesterday and will return to the courthouse this morning.

Hiranaka and Mina were among eight investigators indicted by a federal grand jury two years ago on charges of taking cash bribes from hostess bar owners between October 2000 and December 2001. The indictment alleged one of the state's largest corruption cases involving a government agency. The alleged bribes ranged from $40 to $1,080 and totaled more than $11,500.

The six other former inspectors have pleaded guilty.

During his closing remarks, Seabright played snippets of audiotape acquired over a six-month period by Charles Wiggins, a former liquor inspector who secretly recorded dozens of conversations for the FBI from October 2000 to May 2001.

On some of the tapes, most of which were laced with profanity and pidgin English, Hiranaka can be heard joking with Wiggins that "it's after Christmas time, you know, so I have my ill-gotten gains to spend."

Mina also is on tape admitting that he took money from Hiranaka and others, according to prosecutors. Seabright said that the government alleges Mina is part of the conspiracy but that by no means is he the principal figure.

"The collection of money by this criminal organization was rampant," Seabright said.

Mina's attorney, Clifford Hunt, argued that the jury should disregard Wiggins' testimony because the FBI paid him more than $70,000 for his assistance.

Hunt and federal Assistant Public Defender Pamela Byrne, Hiranaka's attorney, attacked the credibility of the other indicted liquor investigators who testified against Hiranaka and Mina.

Hunt argued that Mina was not well liked by the other investigators and was kept out of the conspiracy. Hunt also challenged the FBI's tactics in questioning Mina because agents never asked if he wanted a lawyer and didn't record the interview session.

Byrne argued that Hiranaka was part of a long-standing local tradition of gift giving, especially during the holiday season. The payments were nothing more than "gifts" from bar owners, a common practice, she said.

Byrne said there was never an agreement, spoken or written, between Hiranaka and bar owners.

"This case is like being Alice in Wonderland. There is no proof," Byrne said. "Where's the beef? Where is the agreement? There isn't one."

Reach Peter Boylan at 535-8110 or pboylan@honoluluadvertiser.com.