Man goes to prison for threatening a woman in the mall

Victim: Raymond Birano Jr. forced her into bathroom stall, pulled out a knife

WAILUKU -- A 59-year-old man with multiple criminal convictions, including a murder 40 years ago, was sentenced to five years in prison Wednesday for threatening a woman in a Queen Ka'ahumanu Center bathroom in January.

Second Circuit Judge Richard Bissen ordered the sentence for Raymond Birano Jr. of Haiku, who struck a plea deal with the prosecution and pleaded no contest to a first-degree terroristic threatening charge, which was a reduced charge from kidnapping.

A first-degree sexual assault charge was dismissed.

Police said that at around 2:30 p.m. on Jan. 3, a 40-year-old woman was reportedly grabbed when walking to the shopping center bathroom near the food court.

The man then forced her into a bathroom stall, pulled out a knife and threatened to sexually assault her, police said.

The woman was able to push the man away and ran out of the bathroom and notified mall security.

But during a sentencing, Birano and his attorney, Jon Apo, denied the allegations.

"Sorry all this wen happen judge," Birano said. "This is all cause we smoke dope in the bathroom."

Birano told Bissen that he and the woman were smoking crystal methamphetamine. He said he had only met the woman in Sears that day and thought he could trust her.

Apo said Birano and the woman engaged in a consensual sexual act, then the woman "freaks out."

Apo said that he personally investigated the mall area and talked to witnesses and frequent mallgoers, some of whom questioned the victim's credibility, saying she uses drugs and hangs out in the mall.

He added that witnesses had seen Birano and the woman together prior to the incident.

After finding out the facts in the case, Apo said he told Birano, "You are not going down in this kidnapping and this sexual assault, as I know it did not happen.' "

Apo also questioned the recent dismissal of some criminal charges for the victim in unrelated cases and questioned the plea agreement, which had Birano pleading to a much lesser charge.

Bissen questioned Apo about the knife used in the threat and Apo's conclusion of the facts.

Apo said the victim was able to see the knife during the sexual encounter.

Apo added that from the evidence he gathered on his own as well as those provided to the court, he could not find his client was guilty.

But First Deputy Prosecuting Attorney Robert Rivera painted another picture of Birano and the victim, whom he says was "vulnerable" with her chronic homelessness, along with emotional and physical disabilities and lack of family support.

"She is the most vulnerable victim," Rivera later said.

He said the woman reported that Birano pushed her into the men's bathroom to have sex with her and threatened her and her family with a knife.

"She was terrified," Rivera said.

It wasn't until a male janitor came into the bathroom that the woman was able to escape.

After being notified by the victim, mall security followed Birano, who exited the Macy's woman's store and headed to the two-story office building in the mall parking lot that includes a credit union and some medical offices.

Police did find a knife on Birano when he was apprehended.

Rivera said that although the victim did not suffer physical harm, there will be long-lasting emotional harm.

He said the victim also has a hard time expressing her feelings, but has "never wavered" in her account of the case.

As for the plea agreement and lesser charge, Rivera said the prosecution does not like to re-traumatize the victims.

He asked for five years in prison, citing Birano's long rap sheet.

"It's very serious charges," Rivera said.

According to an article published in March 1979 in The Maui News, Birano was 18 years old when he was found guilty of murdering 21-year-old Clendes Fernandez, who was stabbed to death outside his Kahului home on June 18, 1978. Fernandez had intervened after Birano had threatened to beat Fernandez's stepsister, who was also Birano's girlfriend.

Birano's criminal activity continued over the years on Maui and Oahu for charges that included second-degree escape, second-degree promoting prison contraband, second-degree assault and second-degree theft, among others, records show.

* Melissa Tanji can be reached at mtanji@mauinews.com.