KAILUA-KONA — Sentencing for a Kona man who pleaded guilty to recording sexually explicit pictures of a 15-year-old girl and her 2-year-old daughter will be delayed about six weeks.
Michael Phillip Patrakis faces a mandatory minimum prison term of 15 years and maximum 30, followed by a minimum of five years and up to a lifetime of court supervision when he is sentenced by U.S. District Judge Leslie E. Kobayashi, according to court documents. He also faces a fine of $5,000 to $250,000 and must pay restitution in an amount to be determined by the court.
The 46-year-old will also be required to register as a sex offender upon his release from prison as a condition of supervised release.
Patrakis pleaded guilty March 6 in U.S. District Court to two counts of sexually exploiting a minor, one count for each victim. He told Kobayashi during his change of plea that he had a consensual sexual relationship with the girl, who told him she was 18 years old, according to the Honolulu Star-Advertiser.
“I did not know until a month after she moved in” that the girl was 15, Patrakis said.
He said he broke off the relationship when he found out, then resumed it. He also told Kobayashi that when the girl went to work, he watched over her 2-year-old daughter.
Patrakis was slated to be sentenced Monday, however, a third continuation for the hearing was granted last week. Patrakis is now set for sentencing on Oct. 25 in Honolulu.
In exchange for Patrakis guilty pleas, Assistant U.S. Attorney Darren Ching agreed to ask for a prison term of 18 years, of which at least 15 years must be served prior to release. Post incarceration, Patrakis agreed to serve no less than 10 years of supervised release, though the state can argue for supervised release for life.
Federal prosecutors also agreed to drop charges of sexual exploitation of a minor, distribution of pornography and sex trafficking of a minor against Patrakis.
Hawaii County police and prosecutors initially charged Patrakis in September 2015 with 11 counts, including promoting child abuse, kidnapping, drug possession and other charges. In November 2015, an indictment brought the total charges filed against Patrakis to 17. The additional cases were primarily drug-related.
Local prosecutors turned the case over for federal prosecution in February 2016.
A criminal complaint filed Feb. 25, 2016, in U.S. District Court in Honolulu charged Patrakis with 28 offenses. He faced 27 counts of producing depictions of a minor involved in sexually explicit conduct and one count of sex trafficking of a minor.
According to the 2016 criminal complaint and supporting affidavit, the 15-year-old girl and her daughter moved into a rented room in Patrakis’ home starting in March 2015. The teenage girl’s father prepaid three months of his daughter’s rent. Patrakis’ minor sons also resided at the Kumu Place home.
The girl told authorities that Patrakis took pictures and video of the two of them having sex and that Patrakis posted the pictures online to meet other people for sex. She also said Patrakis arranged for her to have sex for money through advertisements on Craigslist and that she used some of her share of the money to buy drugs from Patrakis.
After multiple delays in holding a required preliminary hearing to support the charges in the complaint, a federal grand jury handed down a five-count indictment against Patrakis on Feb. 23, 2017. It charged Patrakis with three counts of sexual exploitation of a child and one count each distribution of pornography and sex trafficking of a minor.
Patrakis pleaded not guilty to the charges on Feb. 27, 2017. And, after numerous trial continuances, he pleaded guilty to the two counts of sexually exploiting a minor a year later, weeks before he was slated to go on trial.
Patrakis has been in custody without bail at the Honolulu Federal Detention Center.