As bribery defendants deny guilt, defense attorneys raise doubts about case
HONOLULU (HawaiiNewsNow) – Lt. Gov. Sylvia Luke and three other current and former state officials pleaded not guilty Thursday to bribery and conspiracy charges, as defense attorneys immediately raised doubts about whether prosecutors can win the case — particularly with the key defendant still at large.
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An Oahu grand jury returned the 12-count indictment last week following a months-long investigation by the Department of the Attorney General’s Special Investigation and Prosecution Division.
Luke, who has been on unpaid leave since April, arrived at the courthouse behind a wall of security before sharing hugs, and even waving a jaunty shaka for the camera.
Luke’s attorney, Richard Sing, entered the plea on her behalf, and other attorneys entered the same plea for their clients.
The defendants and allegations
Leo Asuncion Jr., who was Luke’s campaign treasurer, is accused of hiding donations from businessman Tobi Solidum, who was seeking money for COVID testing.
Former state lawmaker and Human Services director Ryan Yamane allegedly took thousands in cash from Solidum.
State airports administrator Ford Fuchigami is accused of taking a bribe while working for the state Senate.
Solidum was indicted alongside the others but has been in the Philippines since 2024.
Judge Ron Johnson assigned the case to Judge Paul Wong and set trial for Sept. 28.
Attorneys challenge conspiracy charge
Defense attorney and former prosecutor Megan Kau said she believes it will be a challenge for the attorney general to prove the conspiracy case.
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“It is my opinion that the government is going to have a difficult time proving this conspiracy,” Kau said. “Just based on the language included in the indictment, it does not seem that there was an actual agreement.”
Kau pointed to transcripts from Luke’s only meeting with Solidum — in which Luke accepted two campaign donations — that appear to show her turning down his offer of more money twice.
“It looks like Ms. Luke was saying no, there is no agreement,” Kau said. “And therefore, my opinion is that the government is going to need to call Mr. Solidum to testify against Ms. Luke to prove that there was in fact an agreement.”
Eric Seitz, Fuchigami’s attorney, called conspiracy charges “virtually impossible to prove” and said the attorney general was motivated by politics.
“Why this attorney general thinks that she can do something that many, many more experienced prosecutors have not been able to successfully do? I just don’t know,” Seitz said.
The attorney general has denied any political influence and said lead prosecutor David Van Acker was in charge of the case.
Statute of limitations question
Kau also said the biggest flaw in the case may be a failure to meet the three-year deadline to charge B-level felonies.
The only acts of the conspiracy within the last three years were two allegedly false statements by Fuchigami and Asuncion during investigators’ questioning.
The defendants will remain free on bail until trial.
The Sept. 28 trial date is considered unrealistic by those close to the case, and it could be many months before the case concludes.
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