Kenoi jury seated; Opening statements begin today

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A jury was seated Monday in the trial of Mayor Billy Kenoi, clearing the way for opening arguments that will start today in Hilo Circuit Court.

Honolulu Circuit Court Judge Dexter Del Rosario, who is hearing the high-profile case, said he expects closing arguments to be held Oct. 31.

Kenoi faces multiple counts of theft and tampering with a government record, in addition to making a false statement regarding his use of county credit card, also known as a pCard.

He has been embroiled in a scandal over use of the card since Big Island newspapers reported in April 2015 that he used it to cover a large tab at a Honolulu hostess bar.

While that prompted a state investigation, none of the criminal charges involve the hostess bar expense. Instead, the trial will focus on other uses of the pCard that the state alleges violated the law.

Kenoi said he reimbursed the county for personal charges he made on the pCard, though some charges took months or longer to be paid back.

The jury consists of seven women and five men, each who said they could judge the case based on the evidence presented.

Summons were sent to 1,600 potential jurors, with 83 left in the jury pool Monday.

The jury selection process, which started Oct. 10, highlighted the difficulty of trying a sitting mayor in his own backyard.

Some potential jurors were excused Monday for showing favoritism toward Kenoi.

“I’d like to see him found innocent,” said a potential juror while being questioned by attorneys. That woman, who was excused, said her daughter coaches one of Kenoi’s kids.

Kevin Takata, supervising deputy attorney general, noted several times to jurors that they should not let any positive views of Kenoi’s tenure affect their judgment.

Attorney Todd Eddins, who is representing Kenoi, sought to remove potential jurors who might show bias in the other direction. He commonly asked if they think politicians are treated differently than others.

Del Rosario typically excused jurors if they showed obvious prejudice.

“I just don’t like thieves,” said one man who asked to step down.

Sixteen potential jurors were excused Monday before the jury was seated, including a man who was carrying an infant and a man and woman who are engaged. Both had their names drawn to be interviewed by the attorneys.

Others noted having met Kenoi while surfing or attending a community event. Not all of them were excused.

Kenoi said he is using vacation for each day in trial.

He had 297 hours, or about 37 days, of vacation remaining as of Oct. 1, according to the Hawaii County Finance Department.

A Hilo grand jury indicted Kenoi in March for two counts of second-degree theft, a Class C felony, and two charges of third-degree theft and three counts of tampering with a government record, all misdemeanors, and a single count of making a false statement under oath, a petty misdemeanor.

Some of the pCard bills connected to the criminal charges include a $320 charge at the Hilo Yacht Club, a $125.95 charge at Longs Drugs in Kailua-Kona and a $200 charge at Volcano House Restaurant.

A county audit in July 2015 found 145 pCard transactions totaling $23,683 in the Mayor’s Office didn’t follow county policy, had a questionable public purpose or might have violated state law. That included $3,669 in charges deemed personal.

Email Tom Callis at tcallis@hawaiitribune-herald.com.