Jennifer Toma-Bainum was asked on several occasions in person, through email and by phone, to comment on her involvement with Masumi Murasaki. She refused. Instead, the public relations person for the Campaign of Friends of Duke Bainum made the issue political, saying the accusations, which have been made consistently by mainland relatives since 1997, are "politically motivated." Duke Bainum, who ordered Hawaii Reporter to "stop harassing his wife," when this editor tried to interview her, had this statement sent by PR person Phyllis Kihara via email: "These false, vicious, and deeply personal attacks on Duke’s family are clearly intended to sow doubts just days before the election. These false charges were dismissed years ago in court, and are being rehashed right before voters head to the polls for transparently political reasons. And those who are responsible should be ashamed for taking "talking stink" to the lowest of lows."

The family of Masumi Murasaki, who live in Florida and have never met Duke Bainum or his mayoral opponent Mufi Hannemann, deny they have any interest in the mayoral election. They say their story, which dates years before Jennifer married Duke on Feb. 14, 2004, has nothing to do with politics, rather with the life of their father and his legacy.

In reporting on this story, Hawaii Reporter took great care to review hundreds of pages of public records. Those include the medical examiners report from the City Medical Examiner, copies of checks and tax returns of Masumi, real estate records, address checks, police reports, letters from attorneys, neighbors and family members in public record, and all legal cases in First Circuit Court. It also is important to note, that although Jennifer has been accused of wrongdoing by family, friends and neighbors of Masumi Murasaki, she has had no charges filed against her and has not been found guilty of any crime.

See "Public Record Documents in the Case of Jennifer Bainum vs. Masumi Murasaki" for copies of the public record.

The story of the final years of life and death of 85-year-old Masumi Murasaki sounds like that of an Agatha Christie novel, but unfortunately, say his family, friends and neighbors, what happened to him is all too real.

Masumi Murasaki with his son Dennis.

Smack in the midst of the controversy surrounding Masumi’s final years is Jennifer Toma-Bainum, 40, a woman possibly slated to be Oahu’s "first lady" should her new husband Mark Edmund "Duke" Bainum be elected Oahu’s next mayor on Nov. 2, 2004.

Jennifer, who on her second marriage was known as Jennifer Alonso-Toma, became the caretaker for Masumi in 1995, after she made the connection through her mother, Arlene Yoshizumi. Masumi, who was a taxi driver for Charley’s Taxi, frequently gave rides to Yoshizumi. A computer assisted search of Jennifer and Masumi ties the two together in the same residences from 1995 to 1997, as the Murasaki family describes.

Jennifer told Dennis Murasaki, who resides in Florida with his wife and seven children, but came to Hawaii frequently to visit his father, that she was trying to escape someone "powerful" who was "abusing" her on Maui. Dennis says Jennifer asked him if she could help take care of Masumi -- feeding him and ensuring he was physically clean -- in exchange for living in Masumi’s Kahala townhouse at Waialae Gardens where she could "hide" and a stipend of $350 a month. Dennis agreed, saying he felt sorry for her. Soon after in early 1995, Jennifer moved in with Masumi, surprising the Murasaki family by also moving in her husband, Anthony Alonso, and her two adult teenage children.

"By the time she’d moved all of those people in, and we realized what happened, it was too late," Dennis told Hawaii Reporter.

Masumi Murasaki – Generous to a Fault

Masumi parked his Charley’s Taxi cab at Ala Moana Center, and while waiting for customers, his son Dennis would keep him company.

Dennis and his wife, Joan Murasaki, say Masumi often took passengers who could not pay him in cash, and rather paid him in jewelry they told him was real, but in fact was worthless. They used this story as an example to demonstrate Matsumi’s amusing and heartwarming naivete, even in his final years of life.

"My dad would say he’d gotten a Seiko watch instead of cab fare -- and tell me he did not know Seiko was spelled with a "C," Dennis says, with slight amusement. "I have a whole drawer full of these gifts he got and passed on, all worthless. But my dad didn’t mind -- he liked helping people and was very, very generous."

After he retired, Masumi had some difficulty getting around. He had lost the use of portions of his legs and often was seen dragging himself on his knees, using his hands to help him get around. Despite this, neighbors say he was mobile and essentially self-sufficient. That changed after Masumi was hospitalized in 1995 and began needing a caretaker to help him by cooking for him and ensuring his basic needs were taken care of.

Bank Calls Family to Alert Family of Unusual Activity on Masumi’s Account

A bank officer at First Hawaiian Bank was so concerned about the massive drain on Masumi’s accounts that in 1995 he confidentially contacted the Murasaki family in Florida and told Masumi’s son Dennis he must come immediately to Hawaii to take charge of his father’s bank account, which Dennis did. The bank officer noted highly "unusual" activity, with big chunks of cash being removed from Masumi’s bank account at record pace.

Neighbors noticed almost immediately a change in the Alonso’s lifestyle. Jennifer upgraded her car after beginning to care for Masumi, from what neighbors describe as an "old beat up white Honda" to a new black Mercedes Benz. In addition, the Alonsos purchased a brown Volvo, a new SUV, and a new boat and trailer, family and neighbors say.

Public court records document the money flow from Masumi to Jennifer and her then husband Anthony Alonso. Jennifer accepted a "gift" in 1995 from Masumi’s bank accounts of $52,688 -- a transaction documented in Masumi’s tax returns, now part of public record.

Piles of checks recovered by lawyers for the family from Masumi’s bank accounts show Masumi paid for thousands of dollars in additional "personal" expenses for Jennifer, thousands of dollars to Jennifer’s company, Accuserve, and thousands of dollars to Anthony Alonso, her husband, to pay his credit cards.

Jennifer Alonso-Toma Bainum

Despite the fact Dennis had negotiated her monthly stipend at $350 plus boarding, public record shows Jennifer raised that to $2,500.

Also in public record is that the summer of 1995, Masumi owned:

• Real property located at 1430 Hunakai St., valued in excess of $300,000 in 1995;
• Bank of Hawaii account in the amount of $22,000;
• First Hawaiian checking account in the amount of $20,000;
• Nomura Securities with an estimated value of $220,000;
• Dean Witter account with approximately $24,000 portfolio;
• PaineWebber account with approximately value of $88,000;
• Hawaiian Electric Industries stock with an approximate value of $30,000;
• Miscellaneous investments and limited partnerships of an undisclosed amount, purchased through Jennifer’s mother, Arlene Yoshizuma;

According to a March 19, 1997, report from Dennis’ lawyer, the assets Masumi saved his entire life for were whittled down to just over $6,000 two years later.

The fact that virtually all of Masumi’s hundreds of thousands of dollars in stocks and bonds and other assets were liquidated shocked his friends and family who knew how much he enjoyed trading, and how careful Masumi was with his money.

"He took great pride in trading every week day and so we were shocked when on a trip to Hawaii in 1996 we learned from Jennifer that Masumi decided to sell everything," Joan Murasaki says.

Murasaki Family Files for Emergency Guardianship of Father’s Estate

Greatly concerned over the state of his father’s affairs, feeling extremely guilty about hiring Jennifer to "care" for his father, and worried about his father’s well being, Dennis hired an attorney and filed for temporary emergency guardianship of his father’s living trust, including his property, in 1995.

Dennis Murasaki in 2004

Family members estimate Masumi’s fortune was more than $400,000 in stocks, bonds and savings accounts, and even more with money derived from his real estate properties and Social Security.

The court at first granted special guardianship of the property of Masumi Murasaki in August 1995 to granddaughter Norie Murasaki, who was a college student at the University of Hawaii, and had lived with her grandfather while she was enrolled in the University. Family members say Jennifer and her husband were hostile and threatening and told Norie to leave. Norie, scared and intimidated, did leave.

"Norie was completely destroyed by the situation because of the abuse that was directed at her," Dennis says.

Concerned Neighbor Trying to Intervene Has House Set Ablaze with "Molotov Cocktail"

Neighbors interviewed for this story say almost immediately after moving in during 1995, Jennifer cut off any ties between Masumi and his friends, family and neighbors.

Neighbor Lee Manfredi, who also lived in Waialae Gardens and was on the board of directors, was extremely concerned about Masumi after Jennifer and her family moved in. Manfredi says she went frequently to Masumi’s home, located directly across from her unit, asking to see him. She never was allowed to see him throughout 1995 and 1996, and would talk with him through his window. Manfredi’s attempts to visit with Masumi in person became much more frequent, and she became more persistent in her efforts to gain access to Masumi, but to no avail.

In 1996, after being out of town for three days, Manfredi returned to find someone had attempted to burn down her home. A "Molotov cocktail" was thrown in front of her door and set the front door and entrance to her home ablaze.

A neighbor who called the police to report the arson, says immediately after the fire was intentionally set with an incendiary device found at the scene, a big rain storm hit the Kahala area, containing the fire. The rain prevented the flames from spreading past the front door and into the rest of the home or onto the neighbors’ adjoining homes, Manfredi says.

Soon after the arson attempt, Jennifer moved from Masumi’s Waialae home and into a much larger home she’d purchase in Hawaii Kai, renting out his apartment. She never told the Miami family about the move.

Caretaker Moves Masumi to Undisclosed Location

On a subsequent trip to Hawaii in 1996, Dennis learned, upon arrival at his dad’s Waialae home, all the locks were changed on Masumi’s home and Jennifer was moving his father to the new Hawaii Kai home she purchased without notifying the family.

"We did not know where my father was. The house was dark. We could not see inside. No one answered the door. And the locks were changed," Dennis says of his 1996 visit.

When Dennis finally tracked down his father in the new home on that 1996 trip, Dennis went to see him, but Jennifer stopped him and told him he needed an appointment to see Masumi. When Dennis insisted on seeing his father immediately, Jennifer told Dennis he was trespassing on her property and she would call the police if he did not leave immediately.

Dennis tearfully recounted to Hawaii Reporter how he could only see his father through the window -- he could not talk to him or communicate with him -- Jennifer would not allow it. "We were no match for Jennifer and her husband," Dennis says. The Murasaki family called the police, and when the police tried to enter, Anthony Alonso told the police they needed a search warrant to enter the home.

Dennis and his wife Joan later learned Masumi was living in the garage of the new home without a bathroom or other hospital-style facilities he had in his former townhouse in Waialae Gardens.

When Dennis finally did see his father, it was only briefly twice in Jennifer’s presence -- she never left his side so the family could talk to him in private and ask him if he was being cared for properly, he and his wife say. Dennis says the first time he went to see his father, Jennifer arranged for a Handivan to pick Masumi up when she knew he would be there and boarded just as he arrived. The second time he visited his father, he spent a slightly longer time with him, but Jennifer refused to give them privacy and monitored the entire conversation.

Jennifer also refused to provide the family with documentation on Masumi’s finances to see if the money for her new home had come from his accounts and to see what other assets of Masumi's had been drained, despite letters from the Murasaki’s lawyer, Richard Chun, also in public record.

Caretakers File for Guardianship of Masumi’s Living Trust

The First Circuit Court on Oct. 11, 1996, awarded power of attorney of the Masumi Murasaki Living Trust and all of its assets to Jennifer Alonso-Toma, and her mother, Arlene Yoshizumi, after they went to court to demand the change.

Jennifer told the court that Masumi was mentally capable of making his own decisions, but needed assistance physically and on his financial matters. She argued his caretakers who were with him daily needed to make decisions about his finances without his input. Her lawyer obtained three written opinions from doctors to back up her claim that Masumi was mentally compentent, in order to justify a three page document in which Masumi turned over all of his possessions to Jennifer, and in which he claimed to be angry with his son and niece who deserted him. Masumi signed just the final page, which was virtually blank except one item about payment to his son's lawyer, his signature, and the signature of a notary that is illegible and contains no printed or typed translation of the notary's name to verify his/her authenticity. Family members questioned if Masumi really did authorize what the previous pages said as he did not sign or initial those.

The Murasaki family, on the otherhand, argued in court that Masumi was no longer mentally competent enough to take care of his own financial affairs, with two lawyers (including Masumi's lifetime lawyer) and a doctor to back up the claim. They said Masumi needed assistance to ensure his trust and estate were not being drained without his knowledge and said Jennifer and her husband seemed to be taking advantage of Masumi and his money and property. They reported that Masumi told one doctor he believed the cost of his care per month was $400, when in fact, Jennifer had got him to authorize an increase in payment from $350 to $2,500 per month to her.

Court records show the judge sided with Jennifer and Yoshizumi in the appeal, giving them "the power and authority to manage and control the trust property in such a manner as the Trustee or successor Trustee may deem advisable, and such trustee shall have, enjoy and exercise all powers and rights over and concerning said property and the proceeds thereof as fully and amply as though said trustee was the absolute and unqualified owner of the same, including the power to grant, bargain and sell, personal property; the power to invest in corporate obligations of every kind, preferred or common stock, and to buy stocks and bonds and similar investments on margin or other leverage accounts, to sell short such accounts, and to buy, see and write stock and other security options, save some restrictions to prevent possible taxability of certain assets in the estate of successor Trustee; and the power to employ and compensate accountants, brokers, attorneys in fact and at law, tax specialists, realtors, and investment counsel."

Jennifer and Yoshizumi took control and still retain the power of attorney over his estate, including his apartment at Waialae Gardens, collecting rent estimated at $1,500 a month and have the ability to liquidate his assets at will.

Masumi’s family was distressed, not only with the court's ruling, but because they did not know why Jennifer had not let them see Masumi, they did not know where Masumi got the idea his family deserted him and no longer cared for him, if that was in fact true, and they were concerned about Jennifer continuing to prevent contact with him. They were also frustrated with the way Masumi's trust and property were being managed and the way Jennifer and her husband treated Masumi and his family, friends and neighbors.

Masumi’s Will is Changed Just Before His Death, Excludes Family

Masumi changed his will shortly after Jennifer was awarded guardianship in 1996 of the Masumi Murasaki Living Trust. The trust was originally formed Dec. 22, 1989, and amended slightly on August 29, 1995. Masumi previously promised his two natural children, Dennis and Karen, that his estate (including what was held in trust) would go to them and their families. Masumi told Dennis he looked forward to helping his grandchildren with their college tuition.

But in the final weeks of his life, Masumi changed his will to give his property to the Japanese Cultural Center. Until Jennifer and Yoshizumi die, however, the property will not go to the Japanese Cultural Center, rather Jennifer can continue to collect the rent from Masumi’s home.

Dennis and Joan say they were not unhappy about the gift their father planned to give the Japanese Cultural Center, because they knew Masumi’s Japanese heritage was extremely important to him. They are distressed his will never was fulfilled because Jennifer and Yoshizumi still retain control.

Court records from 1996 and 1997 show the Murasaki family also could not determine the full extent of Masumi’s trust because Jennifer refused to provide proper documentation and broke several appointments with their lawyer.

Masumi Dies Under "Suspicious Circumstances," Medical Investigator Says

On Jan. 28, 1997, Masumi died under what a city medical investigator working for the City & County of Honolulu Medical Examiner’s office called "suspicious circumstances."

The autopsy report reads Masumi died of "natural" causes after the "85-year-old Japanese male became unresponsive after vomiting a liquid meal that was fed by his caretakers." The cause of death, the report says: "He had an acute heart attack due to narrowing of the small coronary blood vessels."

Also disturbing to family members -- in the report were references to a number of scars Masumi had retained. "There are linear, vertical and horizontal scars in the mid-abdomen and a horizontal scar with a vertical linear extensions from the lower portion of the left buttock along the posterior left thigh," the medical examiner wrote. There is no speculation in the report as to what would have caused such scarring. Family members say Masumi never had such scars on his body and were surprised to learn about the extent of the scarring, questioning what could have caused that to happen.

Investigator Susan Starrett contacted the Murasaki family to share her concerns about Masumi’s death and the condition of his body. Joan and Dennis say Starrett also noted his low weight of just 103 pounds at the time of death, commenting that it "did not seem as if he had been cared for by a caretaker."

"She told us she sees many elderly people without caretakers who look as Masumi did, but that because he had a caretaker he should have been in better condition and not been so malnourished," said Joan Murasaki, wife of Dennis and daughter-in-law of Masumi.

Starrett also alerted the family to the fact that Jennifer was trying to get custody of Masumi’s body, demanding his immediate release so she could have him cremated.

Jennifer soon after took the family to court for custody of Masumi’s body, but custody was awarded to the family.

Family members, who had to learn about Masumi’s death from the hospital rather than his caretakers, say they were surprised by Jennifer’s desire to take possession of Masumi’s body, especially taking her fight all the way to court.

Starrett, contacted by Hawaii Reporter about this story, said without a subpoena she could not discuss the facts of the case or release her investigative report, which detailed her concerns about Masumi’s case.

Deputy Medical Examiner Kanthi Von Guenthner, M.D., who signed the final medical examination report and conducted the autopsy, maintains she did not find anything suspicious in Masumi’s death, that he died, in her opinion, of natural causes, and that she found no evidence of abuse or neglect.

The California lab where Masumi’s blood samples were sent did not detect any drugs in his system, her report says.

Robbed After Death?

Neighbors at Waialae Gardens report after Masumi’s death, Jennifer continued to rent out his Kahala apartment and pick up Masumi’s mail for at least two years after he died, including what appeared to the tenant and neighbor to be Social Security checks.

"In the winter of 1998, the tenant in Masumi’s apartment showed me an envelope addressed to Masumi that she said came monthly on the same day in the same kind of envelope that her father’s social security checks came in," says Manfredi, who reported her concern to the police and the state attorney general. "The tenant told me Jennifer continued to pick them up every month."

Joan Murasaki also made an effort to get the Social Security claim investigated, making an inquiry with the Social Security Administration in Honolulu in 2000. Her report finally got noticed in the Spring of 2004, when a federal investigator contacted Dennis Murasaki to ask about Masumi’s Social Security checks.

Hawaii Reporter contacted federal authorities about this claim and have not gotten confirmation of the alleged investigation.

Neighbor Pledges to Help Family

Neighbor Lee Manfredi, who was a member of the Kahala Neighborhood Board, promised the family that she would continue to help them and she has consistently since 1997.

She contacted the state attorney general, the police and other investigators about several concerns, but was told family members were supposed to be filing the complaints. Manfredi explained that was difficult because they lived in Florida and did not have the funds to fly back and forth to Hawaii.

Manfredi also contacted the local media, including the Honolulu Star-Bulletin, since 1997, to attempt to get some publicity about this case. She worked with her neighbors, asking them to document in writing what they witnessed with Masumi while he lived in Waialae Gardens -- documentation she provided to Hawaii Reporter.

She took her concerns to Duke Bainum himself. Manfredi says she contacted Duke Bainum in 2000 and documented in writing her concerns about Jennifer’s past record with the Murasaki family.

"I had been a supporter of Duke Bainum, but was concerned about him getting involved with someone like Jennifer," Manfredi says. "After he did not respond to me, I began to question his judgment -- especially from someone who is running a mayoral campaign on cleaning up corruption in government and restoring ethics to city hall."

Bainum married Jennifer on Feb. 14, 2004, with both on their third marriage, according to a background check on the couple.

Neither Duke Bainum nor Jennifer Toma-Bainum would talk to Hawaii Reporter about this story or answer any questions posed to them in person, over the phone or by email. Hawaii Reporter made several attempts to contact the couple and ensure they had a chance to tell their side of the story. Their only response was the three-sentence email sent by a public relations agent for his campaign.

Duke Bainum coached a midnight basketball game against a team coached by his mayoral opponent Mufi Hannemann at the University of Hawaii’s Stan Sheriff Center on Friday night, Oct. 16, 2004.

After being questioned and learning what the interview was about, Jennifer went immediately without comment to Duke’s side, whispered to him, and Duke asked this writer in a loud, angry voice to "stop harassing his wife," repeating this comment over and over.

He then had security escort this reporter outside into a deserted parking lot where the door was then locked, despite the game being on public property. His public relations person tried to intimidate this writer by photographing her being escorted out by security.

The Murasaki family members, who continue to emphasize they do not know Duke Bainum, nor care about the mayor’s race in Hawaii, say that the final years of life of their father, Masumi Murasaki, bring them great grief.

"I just felt so guilty that something I did may have caused my father a great deal of suffering," Dennis told Hawaii Reporter.

They have not pursued any litigation against Jennifer since Masumi died, and probably won’t, though they continue to ask law enforcement to investigate the claims of Social Security fraud.

Instead, they try to cherish memories of Masumi Murasaki when he was healthy, happy and free.

"My father had a great love for sea turtles and had a passion to sing to them. Our only solace is his ashes will be scattered so he will be with them," Dennis says.

See "Public Record Documents in the Case of Jennifer Bainum vs. Masumi Murasaki" for copies of the public record.

Reach Malia Zimmerman, editor and president of Hawaii Reporter, via email at mailto:Malia@hawaiireporter.com

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