honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Tuesday, October 4, 2005

Video-store operator gets 40 months on drug count

By Ken Kobayashi
Advertiser Courts Writer

A 63-year-old woman was sentenced to three years and four months in federal prison yesterday for operating a Kapi'olani Boulevard adult video establishment that provided a safe haven for drug activities in the store's private viewing booths.

Betty Yi Hernandez operated Swing Video, which was shut down in December 2003 during a raid as part of a two-year probe by federal, state and city law enforcement authorities called Operation Lowdown.

Her lawyer, William Harrison, argued that Hernandez doesn't use drugs and initially tried to halt the drug activities, but later chose to turn a "blind eye" to the dealings in trying to make money to help her family.

But Assistant U. S. Attorney Loretta Sheehan said Hernandez was motivated by greed in operating the business that became a blight on the neighborhood.

"I'm very sorry, your honor," Hernandez sobbed when addressing the judge.

U. S. District Judge Helen Gillmor agreed with Sheehan's assessment of Hernandez's motivation, but went along with the defense suggestion of no more than 40 months in prison. Gillmor cited the defendant's age and her lack of any previous convictions.

Hernandez has been in federal custody since her arrest in connection with the December 2003 raid and will get credit for the time behind bars, leaving her with less than two years to serve.

Hernandez pleaded guilty earlier to operating a business for the distribution of crack cocaine and money laundering.

As part of a plea agreement, she must forfeit $905,120 representing the proceeds from the illegal business, two cars, an apartment in the Park at Pearlridge condominium project and more than $45,000 from bank accounts and cash recovered in the investigation.

In her plea agreement, Hernandez admitted that from 1999 to 2003, she knew she was providing a sanctuary for drug dealers to sell crack cocaine and other drugs and getting money for it by requiring dealers to rent the private booths.

She acknowledged she deliberately avoided knowing how much drugs were sold because she thought her ignorance would limit her criminal liability.

Federal authorities said she charged dealers $20 to sell drugs in the booths and $2 to purchasers.

Swing Video had been well-known to law enforcement. Swing Video moved to 1340 Kapi'olani Blvd. after its Chinatown operation was shut down by federal marshals in 1999. Since 1999, it was raided by Honolulu police at least 10 times because of community complaints.

It wasn't until the raid in 2003 that law enforcement officials shut down the establishment permanently.

The Drug Enforcement Administration, Honolulu police, U.S. Marshals and the Internal Revenue Service were involved in the investigation.

Operation Lowdown resulted in investigators executing 24 search warrants, including two in Costa Mesa, Calif., and one in Phoenix, authorities said. Federal prosecutors said most of the drugs sold at Swing Video came from distributors in the two Mainland cities.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.