Two defendants who federal prosecutors allege took part in criminal activity controlled by Honolulu businessman Michael Miske are asking to be set free on bail pending trial.

The two are Michael Buntenbah, also known as Mike Malone, whose company created Defend Hawaii brand of clothing and accessories, and Norman Akau III, an executive board member of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts Local 665.

Their attorneys argue neither man was central to the crimes allegedly carried out by what prosecutors have dubbed the Miske Enterprise, have not been in recent legal trouble, have local family ties sufficient to assure they will not try to flee the state, and have family members ready to step up in their support.

In a motion filed in court last week, Michigan attorney Gary K. Springstead argued Buntenbah was not charged with any of the most serious offenses central to the broad conspiracy spelled out in the indictment.

“His name does not appear anywhere in the 10- page description of Miske Enterprise, its members, or the racketeering conspiracy,” Springstead wrote.

Further, Springstead said Buntenbah “…is not named in the charges alleging firearms offenses; robbery; bank fraud; or conspiracy to commit kidnapping, arson, robbery, chemical weapons crimes, financial crimes, fraud, obstruction of justice, witness tampering, murder, or murder-for-hire.”

“He has minimal criminal history, with his last conviction being in 2013 for refusing to submit to a blood/breath/urine test,” Springstead argued. “He has no felony convictions and no outstanding warrants. He has never been charged with a firearms offense, including in the Superseding Indictment.”

Federal prosecutors acknowledge that although Buntenbah was arrested in July 2014 in a convoy of cars found to be transporting 10 kilograms of cocaine, he was not charged in that case. However, they say he gave “nonsensical” answers when asked where the were driving at the time, and that this “lack of honesty with law enforcement” is a factor the court should consider when considering whether to continue his detention.

Buntenbah, 48, has lived at the same Kaneohe home for 20 years, and shares the home with his 23-year old son and his son’s family.

According to Springstead’s memo:

He has been self-employed for the past nine years and is the owner of a clothing store at the mall and a clothing brand featured in a number of local shops on Oahu. Despite some business success, he has also experienced financial trouble, including monthly expenses currently exceeding current income. He has significant mortgages due on two properties, including his primary residence in Kaneohe where his sons, one of their girlfriends, and the two young children reside. Despite financial challenges, Mr. Buntenbah and his company have “provided regular volunteer assistance during the COVID-19 pandemic” to the Hawaii Food Bank.

A hearing on the matter has not yet been scheduled.

Honolulu Attorney Rustam Barbee has appealed a federal magistrates decision that defendant Norman Akau should remain in the federal detention center until trial. The matter is scheduled to be heard by Judge Derrick Watson on August 5, 2020.

Mr. Akau is a lifelong Oahu resident and has very strong family ties in the community. He lives with his wife, Piilani and their two daughters in a separate portion of a home owned and occupied by his father, Norman Akau, Jr. He has never traveled outside the U.S. and does not possess a passport. He has remained conviction free for 25 years since 2005.

Movie credits show Akau has worked as a backstage technician or grip on a number of well known movies and television series, including Lost, Hawaii Five-0, Jurassic World, Godzilla, The Descendants, and Pirates of the Caribbean: On Stranger Tides.

A LinkedIn entry also lists Akau as a “Traffic Specialist at Grace Pacific LLC.”

Barbee says Akau’s father is willing to put up the equity in his home, estimated at $1 million, to post a property bond if Akau is released. He also said GPS monitoring, substance abuse monitoring, a requirement to stay on Oahu, and federal supervision “are sufficient to reasonably assure the defendant’s appearance in court.”

However, prosecutors allege Akau took part in a heist of drugs from another dealer in which he impersonated a police officer and, along with other co-defendants, displayed firearms while taking “approximately five pounds of methamphetamine…from the vehicle’s trunk.”