I’ve missed posting here for the past few days while I was working on another update on the criminal case of Mike Miske, the former owner of Kamaaina Termite and Pest Control, who is now accused of having run a racketeering organization behind the facade of the termite business for two decades now faces 17 charges, including four that carry the possibility of a death sentence, or life in prison, if he is convicted.

My update was published today at Civil Beat (Alleged Crime Boss Says He’s Being Thwarted From Preparing A Defense/A small cell, limited visits and few phone calls are making it difficult for Mike Miske to prepare for trial in what could be a death penalty case, his attorneys say.)

Here’s the nut graph:

Attorneys representing alleged racketeering kingpin Michael John Miske Jr., say their client has been held in solitary confinement in the Federal Detention Center for over 200 days, and has been told this will continue indefinitely, all without a hearing and without apparent concern for his procedural and constitutional rights.

Miske’s attorneys have filed a motion accusing officials at the Federal Detention Center of repeatedly violating a court order issued by Magistrate Judge Kenneth Mansfield in January “granting defendant Michael Miske’s motion for an order prohibiting Bureau of Prisons from taking actions that interfere with defendant’s right to effective assistance of counsel in a capital case and for affirmative relief.”

Cases involving a potential death penalty are different, and Mansfield’s order emphasizes that the law is very clear on this. Courts have to be extra careful to protect the constitutional rights of defendants in capital cases, and I can’t imagine he will take apparent disregard for his order lightly.

An early comment posted on Civil Beat this morning makes the point that prosecutors risk losing the case by “allowing any misconduct by the detention center.” I imagine a lot of people will have trouble generating much sympathy for Miske’s woes, but they have to realize this could cause problems for prosecutors down the line.