A Honolulu businessman who was jailed after prosecutors said he tried to tamper with a witness in his own corruption trial will continue his stay at the Federal Detention Center.
An injury Dennis Mitsunaga sustained in jail this week and his ongoing health challenges don’t justify his release, Judge Timothy Burgess ruled from the bench Friday.
Mitsunaga, 82, has been on trial since March for allegedly conspiring with others to bribe former Honolulu prosecutor Keith Kaneshiro. On April 19, he was arrested on suspicion that he sought to change the testimony of a trial witness, Rudy Alivado, to help his defense.
Mitsunaga’s attorney, Nina Marino, opposed her client’s detention last month, citing his age and health problems. But Magistrate Judge Nathanael Cousins ruled there is probable cause suggesting Mitsunaga had committed new crimes, and he must be detained.
Mitsunaga fell in his jail cell and cut his head early Monday. According to his cellmate, Nathan Lee, who testified during a court hearing Friday, Mitsunaga fainted, hit his head and temporarily lost consciousness. A physician’s assistant who works at the Honolulu Federal Detention Center testified Mitsunaga suffered a “superficial head laceration” that did not require stitches.
At Friday’s hearing, Marino questioned Mitsunaga’s longtime doctor, Stephen Oishi, who said his patient has diabetes and hypertension and, after his fall, was diagnosed with hyponatremia, a sodium deficiency in his blood. Low sodium levels can become dangerous, said Oishi, who noted it can cause confusion, nausea or seizures.
“My concern is, I guess, being incarcerated is a lot of stress,” Oishi said. “And I think it’s a known fact that stress, through different physiological mechanisms, can cause a loss of sodium. I believe that may be contributing to this.”
Mitsunaga, who appeared at the hearing wearing a white Bureau of Prisons jumpsuit, did not speak.
Oishi said he would recommend Mitsunaga drink Gatorade, have his blood pressure taken in the morning, and have tests done on his blood and urine. Prosecutor Michael Wheat asked Oishi if any licensed medical professional could provide that care. Oishi said yes.
The jail’s chief pharmacist later testified that Mitsunaga has not been taking the proper dosage of his medicine.
In an argument to the court, Marino said there is uncertainty regarding whether the prison can properly monitor Mitsunaga’s blood pressure and administer his medication. As to the underlying offense that landed Mitsunaga in jail in the first place, Marino said it is “far-fetched” to think he would attempt such a move again.
“I can assure the court he has learned his lesson,” she said. “He is no longer a danger.”
Burgess was unswayed. The judge said he was concerned that Mitsunaga showed “apparently no hesitation” to try to alter someone’s testimony to his benefit.
“That is one isolated incident in which Mr. Mitsunaga tried to put his thumb on the scale of justice during the course of a trial in which he was charged with serious offenses,” the judge said. “I think it was a serious challenge to the integrity of this trial and our system of justice.”
It’s unlikely that Mitsunaga would abide by conditions of release, Burgess said.
The judge said he would order twice-a-day blood pressure monitoring, administration of medicine in the detention center’s “pill line,” coordination with the U.S. Marshals Service to ensure Mitsunaga takes his meds and daily status reports from the Bureau of Prisons.
