Judge Denies Defendant Request To Delay Trial In Kaneshiro Case
The trial of former Honolulu prosecutor Keith Kaneshiro and those accused of bribing him will begin next month.
A Honolulu attorney facing federal bribery charges will have to stand trial next month alongside her co-defendants, even as a separate criminal investigation into her conduct plays out, a judge ruled on Wednesday.
Sheri Tanaka, her former client Dennis Mitsunaga, and several employees of Mitsunaga’s firm are accused of directing nearly $50,000 in campaign cash to Honolulu prosecutor Keith Kaneshiro. In turn, Kaneshiro, who is also charged in the case, allegedly pursued a bogus prosecution at his donors’ behest. The trial is scheduled for March 12.
The case recently took a dramatic turn when federal officials began investigating Tanaka for allegedly hiring a hitman to kill the judge and prosecutor in the bribery case. Tanaka has denied the allegations and has not been arrested.
Her attorney Mark Mermelstein argued in court this week that the drama surrounding the matter has disrupted their trial preparation. Media attention on the supposed murder plot has also made it more difficult for Tanaka and her co-defendents to get a fair trial, he said.
Mermelstein asked the court to either delay the joint trial or sever his client from the case and schedule a separate trial for her at a later date. Federal prosecutors opposed the motions. They said holding a separate trial would be a waste of time and resources and that Tanaka’s team should’ve already been preparing for trial.
On Wednesday, U.S. District Court Judge Timothy Burgess denied both of Mermelstein’s requests.
Federal prosecutors have already committed not to introduce evidence of the murder plot allegations into the bribery trial, the judge noted in a written order. Besides, the judge said, both sides can take steps during jury selection to exclude anyone who already has their mind made up about a defendant’s guilt or innocence.
“In high-profile cases receiving significant pretrial publicity, courts are afforded broad discretion to gauge and manage the temperature of the jury and media to avoid prejudice, and a variety of tools are available,” Burgess wrote.
Mermelstein had argued Tanaka needed a continuance of the trial because federal agents had seized iPhones, a computer and a hard drive on which she held documents needed for trial preparation. The trial should be delayed until 45 days after Tanaka gets her devices back, Mermelstein said.
Burgess disagreed.
“Tanaka and her counsel have not provided the Court sufficient explanation as to why they did not take steps to ensure continued access to these files in the course of preparing for trial to warrant a continuance,” he wrote.
The judge said was “not convinced” that the files at issue are necessary for her defense and that a continuance would be helpful.
