A Friday deadline passed quietly without any objections being raised to the scheduled release of previously secret documents concerning the FBI’s 2017 seizure of the Boston Whaler “Painkiller”, which prosecutors allege was used in the kidnapping and murder of Jonathan Fraser. Prosecutors have charged Honolulu businessman and alleged criminal gang leader Michael Miske with orchestrating Fraser’s death as part of a murder-for-hire conspiracy (see “Judge’s order favors disclosure of documents in Miske-related case“).
The documents include virtually everything filed in a lawsuit brought by Hawaii Partners, LLC, a company controlled by Miske, which prosecutors say was used to further his criminal enterprise. The lawsuit sought to force the FBI to return the boat, and to reimburse the company for any damage done during the search, as well as the cost of replacing any equipment kept as evidence in the Fraser murder-for-hire case.
Federal Judge Leslie Kobayashi issued an October 22 order requiring the clerk of the federal court to unseal the documents and make them public on November 23 unless any of the defendants accused of being part of Miske’s alleged criminal enterprise prove disclosure of the documents would “irreparably harm” their right to a fair trial.
Kobayashi set Friday, November 6, as the deadline for objections to be filed.
As of mid-day Saturday, no ojections had been filed and posted to the case docket available through the federal court’s PACER online records system. Unless there were objections filed on Friday which have not yet been posted online, it would appear the documents are on track to be made public as scheduled on November 23.
The disclosure was ordered after continued secrecy was challenged by the Civil Beat Law Center for the Public Interest. Prosecutors objected to disclosure of only one of the documents at issue, saying that it involved an ongoing investigation into Fraser’s death. However, Kobayashi ruled prosecutors had failed to provide enough facts to justify continued secrecy, although it is possible they could now attempt to augment their earlier justification for keeping certain details under wraps.
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