Judge orders high-profile businessman in Kaneshiro trial to remain behind bars
HONOLULU (HawaiiNewsNow) - In a startling development Monday, a federal magistrate judge ordered high-profile businessman Dennis Mitsunaga, 82, to be detained until the completion of a sprawling criminal bribery trial in which former city Prosecutor Keith Kaneshiro is also indicted.
U.S. Magistrate Judge Nathanael Cousins issued the order after the government alleged Mitsunaga violated a no-contact order and may have committed additional crimes, including obstruction of justice and witness tampering. Federal agents arrested Mitsunaga on Friday at his Waialae Iki home and he’s been at the Federal Detention Center in Honolulu since.
In the bribery trial, Mitsunaga — the head of the engineering firm Mitsunaga and Associates — and four employees are accused of bribing Kaneshiro with campaign donations. In exchange, the government says, Kaneshiro prosecuted a firm architect who was fired and filed a civil lawsuit.
Recently, the U.S. Attorney’s Office launched an investigation into a protective order violation in connection with the case. According to the government, someone on the defense team leaked confidential grand jury transcripts and tried to get a witness to change his testimony.
In arguing for Mitsunaga’s release, attorney Nina Marino noted his advanced age and health conditions. Marino told the court that Mitsunaga had a lung removed in 1997 due to cancer and that makes him very susceptible when he gets a cold. Marino also said her client has dizzy spells and high blood pressure and that he needs to be closely monitored by a doctor.
Marino called his health “precarious.”
Marino offered alternatives to jail, including a $2.4 million property subject to forfeiture if he violated conditions again. Marino also said house arrest with a security guard approved by the court but paid for by Mitsunaga would ensure that no one visits him other than family.
Cousins rejected those offers and ruled that the government “met its burden” for bail revocation and said there was “clear and convincing evidence” that Mitsunaga violated the no-contact order.
He also said there was probable cause that he committed the new crimes. Cousins added Mitsunaga was “unlikely to abide by conditions of release” and said detention was appropriate.
Alexander Silvert, a retired federal public defender, said he was not surprised by Cousins’ ruling.
“If you’re in the middle of trial and witnesses are lined up to take the stand and you’re reaching out, allegedly trying to get them to change their testimony, that’s obstruction of justice,” he said.
Trial continues with the other defendants out on bond. Deputy U.S. Marshals now escort Mitsunaga during trial, and transport him to and from the Federal Detention Center.
This story will be updated.
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