An attorney representing Jason Yokoyama, who was recently added as a defendant in the racketeering conspiracy case against former Kamaaina Termite and Pest Control owner Michael J. Miske, is again seeking his client’s release on bail pending trial.

Defense attorney William Harrison has asked for reconsideration of an earlier court ruling that requires Yokoyama to be held without bail, and has also challenged prosecutors to disclose any statements by confidential witnesses relied on in arguing for Yokoyama’s continued detention.

Yokoyama, 35, is a former employee of Miske’s Kamaaina Termite and, later, a business partner in several other Miske-controlled businesses, including his M Nightclub in downtown Honolulu, and was a founding member of Hawaii Parters, which held title to the 37-1/2 foot Boston Whaler model 370 Outrage named “Painkiller,” which the government alleges was used in the kidnapping and murder of Jonathan Fraser in 2016.

Yokoyama was named in a second superseding indictment made public on July 30, and charged with a single count of racketeering conspiracy for allegedly being part of Miske’s criminal organization and, according to prosecutors, one of Miske’s most trusted insiders.

Following an August 6 hearing, Magistrate Judge Wes Reber Porter ordered Yokoyama held without bail, over objections by defense attorney William Harrison, and contrary to the recommendation of a federal pretrial services report.

Porter said he was “troubled” by prosecutors’ allegations Yokoyama had participated in planning and preparing for Fraser’s kidnapping and murder, including purchasing at least one item to be used, and later assisting in the destruction of evidence. The allegations were based on statements made by two cooperating witnesses, according to prosecutors, who did not name either of the two.

In that hearing, Harrison attacked the credibility of both witnesses.

“We have individuals who were deeply involved in this offense who are now seeking to get sentencing consideration,” Harrison said. Harrison argued alleged “facts” cited by the prosecution relied on testimony by those who were themselves involved in the crimes and cannot be trusted.

In a pair of motions filed in court this week, Harrison requested the court reconsider its earlier decision denying bail, and also order disclosure of witness statements and other “Jenks material” (sic) relied on by prosecutors.

“Jencks material” takes its name from the decision of the US Supreme Court in the 1957 case of Jencks v. United States, where the court ruled government prosecutors must turn over certain witness statements to the defense.

In the first motion, Harrison cited a law providing for reconsideration if new information becomes available.

“ . . .The [detention] hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community.”

Harrison’s motion disclosed Yokoyama’s parents, who live in Honolulu, “have agreed to post equity in their residence amounting to $150,000 as surety,” which would be subject to forfeiture if any conditions imposed by the court were violated. This information was not known at the time of the August 6 hearing and so was not considered by the court at that time.

In a separate motion, Harrison asked the court to direct prosecutors to provide him with several types of information.

1. Jenks material for any witness that the government intends to call at Mr. Yokoyama’s bond hearing;

2. Jenks material for any witness whose statements have been proffered to the court in the government’s memorandum in Support of Motion to Detain;

3. Jenks material for any unindicted coconspirators/cooperating witnesses whom the government quotes or to whom the government attributes statements;

4. Jenks material for any unindicted coconspirator/cooperating witness whom the government alleges has informed it that YOKOYAMA participated in the kidnapping and murder of Johnathan Fraser, including but not limited to any statements that Y okoyama participated in purchasing, delivering or destroying and evidence related to the allegations contained in the superseding indictment.

Harrison said Yokoyama grew up in Aiea, is a St. Louis High School graduate, a Navy veteran, has no criminal record, and “has absolutely no history of substance abuse.”

Mr. Yokoyama admirably served his country in the U.S. Navy and later the Navy Reserves. He suffered physical disabilities while on active duty while in a combat zone after being in the blast zone of an exploded ordinance. He was later Honorably Discharged and is now receiving disability benefits related to his service-connected injuries.

No date has been set for a hearing on either motion.

In early 2011, Yokoyama made an appearance in court on behalf of Miske, and identified himself to the judge as “operations manager” for Kamaaina Termite. This was at virtually the same time Hawaii Partners LLC and Leverage Entertainment LLC were registered to do business by partners Miske, Yokoyama, and a third man, Richard Aqui. The following year, M Nightclub was registered to do business, and its liquor license listed Yokoyama as the majority owner with a 70% interest, with Miske holding a minority stake.

Prosecutors allege all these and additional companies involving Yokoyama were all in fact controlled by Miske, and operated as part of what they refer to as the “Miske Enterprise.”

After M Nightclub closed in 2016 following a series of violent attacks by club bouncers on patrons and others, Yokoyama pleaded “no contest” to five liquor commission violations and was fined $8,250.

In 2017, Yokoyama was hit with a $266,758.37 judgement in a lawsuit brought over unpaid rent owed by M Nightclub. And in September 2018, Ferrari Financial Services won a judgement for $149,914.76 plus interest after Yokoyama defaulted on payments for the 2015 purchase of a yellow 2014 Lamborghini Gallardo.

Also see:

Accountant charged with aiding Miske’s criminal conspiracy

Updated Indictment In Miske Case Includes New Defendants And Details Of Alleged Murder

Defense lawyers attack credibility of defendants who have “flipped”