Federal Judge Leslie Kobayashi has been asked to publicly release the remaining secret document filed in a 2018 lawsuit by Hawaii Partners, LLC, which claimed ownership of the 37-foot Boston Whaler “Painkiller,” seized by the FBI in August 2017. The government alleges the boat was used in the kidnapping and murder of 21-year old Jonathan Fraser in July 2016.

Hawaii Partners was formed and controlled by Honolulu businessman Michael J. Miske, Jr., owner of Kamaaina Termite and Pest Control, who was indicted earlier this year along with ten employees or associates for being part of a longstanding criminal organization directed by Miske.

In a letter dated December 16, 2020, Robert Brian Black, executive director and attorney for the Civil Beat Law Center for the Public Interest, renewed his call for the final non-public document filed in the case to be unsealed. All other previously sealed records in the case were released in response to legal action taken by the CB Law Center, which led to Judge Kobayashi’s subsequent order of October 22.

The final document, still under seal, is an ex parte letter addressed to Kobayashi and filed by federal prosecutors on February 8, 2019. In that letter, prosecutors laid out as-yet undisclosed details concerning their ongoing investigation into Fraser’s murder. Prosecutors argued disclosure could harm their continuing investigation, and sought to prevent or delay release of the Painkiller records.

At the time, Kobayashi allowed the letter to be filed without disclosing it to Hawaii Partners or the public, but indicated that, “after review, [the Court] will determine whether it should remain sealed in its entirety, or whether the submission should be produced to [Hawaii Partners, LLC] and/or filed in whole or partially redacted.”

In his letter to Kobayashi, Black reminded the judge her later order rejected the government’s justification for continued secrecy and specifically addressed the February 8 letter.

“The Government, other than a general statement about an ongoing investigation, provides no basis for continuing o have the court records sealed,” Kobayashi wrote in her order. “On balance, Petitioner’s need outweighs the reasons given for confidentiality.”

Kobayashi then directed the clerk of the U.S. District Court in Honolulu to unseal the records in the Painkiller case and make them publicly available.

That was done shortly after the judge’s November 23rd deadline but, as Black’s letter notes, “the ex parte submission was not included in the unsealed records of the case.”

There is no indication in the case files of any response by Judge Kobayashi to date.