It took less than 15 minutes on Wednesday morning for Federal Magistrate Judge Kenneth Mansfield to send John Blaine Stancil, Mike Miske’s brother and co-defendant in a major criminal case, back to Honolulu’s Federal Detention Center until trial, ending any slim hopes Stancil might have had about being released pending trial.

Miske, Stancil, and eight additional co-defendants are charged with participating in a major racketeering conspiracy controlled and directed by Miske for two decades, as well as taking part in specific crimes carried out by the group of conspirators, including murder for hire, assault, drug trafficking, weapons offenses, and bank fraud. Stancil is named in 11 counts. One defendant, Michael Buntenbah, is not charged in the racketeering conspiracy, but faces related charges of drug trafficking and assault in aid of racketeering. The latter apparently refers to assaults while Buntenbah worked as a bouncer for Miske’s M Nightclub, which closed in 2016 after a series of high profile attacks on customers and one on a rival promoter.

Two original defendants in the case, Hunter Wilson and Norman Akau, have already pleaded guilty and are awaiting sentencing. Two other defendants were added in a second superseding indictment handed down by a federal grand jury in July.

Stancil has been in federal custody since he and the other original defendants were arrested in July 2020, but on July 29, Stancil’s lawyer, Walter J. Rodby, filed a motion asking for a review and reconsideration of Stancil’s detention.

The presumption in criminal cases is that defendants should not be held without bail unless there is no combination of conditions that could be imposed to “reasonably assure” they will not be a danger to the community, and will show up as required for future court proceedings.

Courts are supposed to impose the least restrictive condition or combination of conditions necessary to “reasonably assure” the defendant’s appearance as required and to “reasonably assure” the safety of any person and the community”. To justify continued pretrial confinement, the government must show by clear and convincing evidence that the defendant presents a danger to the community, and by a preponderance of the evidence, a lower standard, that the defendant is a flight risk.

But if a defendant is charged in a drug case in which the maximum sentence is ten years or more, there is a “rebuttable presumption that there is no condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of the community,” prosecutors wrote in a memo, arguing continued detention is appropriate in Stancil’s case.

Given the law, and the charges Stancil is facing, Rodby clearly had an uphill battle arguing for his release.

Stancil was on the phone from the Federal Detention Center, and his mother, Maydeen Stancil, was with Rodby on the call.

Rodby described Stancil as a hard working man and lifelong resident with a 2-year old son, a strong employment history, and supportive parents willing to risk $200,000 of their home equity to guarantee his bond, as well as offering him a place to live if released.

Rodby said he agreed with a confidential pretrial services assessment that Stancil would not pose a flight risk if released from custody, given his strong island ties, and knowledge his parents would lose their home in Waimanalo if he tried to run.

“What it says is that Mr. Stancil in no way is a flight risk, in no way is there any way of him missing court,” Rodby argued. He noted Stancil has been charged and convicted only once, a prior case of misdemeanor assault. In that case, he was sentenced to a term of probation.

“Along with probation came rules,” Rodby told the court, “and John was able to follow all those rules to a T.” Rodby said that experience shows Stancil would abide by any rules or conditions if he were released until trial.

However, Rodby rejected a second part of the pretrial services report which found Stancil would pose a danger to the community if released, and therefore concluded he should not be granted freedom pending trial.

In addition, Rodby reminded the court that Stancil had been arrested last summer in a pre-dawn raid at his house.

“Government agents were able to go through his personal belongings, everything in his house was sifted through,” Rodby said. “And what was found? Nothing. No guns, no drugs, no evidence of illegal activity.”

“We are asking, if necessary, place him under house arrest with his mom, who needs help after his father suffered a stroke,” Rodby said.

“We just ask you to give him a chance to be reunited with his family,” Rodby said. “He knows what the rules are, and he can follow them.”

Mansfield thanked Rodby, but left no doubt about his inclination.

“I listened to all the arguments you just made,” Mansfield said. “I didn’t hear anything new this morning.”

He reminded Rodby that he had ordered Stancil held until trail at a similar hearing a year ago.

“What new information are you offering me that would change that decision?” Mansfield asked.

The judge then asked Assistant US Attorney Mark Inciong for the government’s position.

Inciong said the main new information is the addition of three “special sentencing factors” included in the second superseding indictment’s racketeering conspiracy charge.

The special sentencing factors stem from three counts in which Stancil is named in, two involving his participation in attempted murders, and one for his involvement in drug trafficking over two years or more.

“If any one of those three “Special Sentencing Factors” are proven against Stancil, the maximum potential penalty increases from 20 years to life imprisonment,” according to prosecutors’ memo in opposition to release. “That is a significant change since this Court’s July 23, 2020 Detention Order and one that only increases the necessity of Stancil’s continued detention based on both risk of flight and danger to the community.”

Mansfield then said he agreed with the government’s position.

“There is nothing new before me that helps your client’s argument,” the judge told Rodby.

He then noted that Stancil’s parents had initially offered up $300,000 in home equity to guarantee a bond, but they currently are able to offer only $200,000 after refinancing their mortgage.

“To the extent that is new information before the court, it doesn’t help,” he said.

Mansfield quickly wrapped up the hearing. “The court agrees with pretrial services, and denies the motion.”

From start to finish, the hearing took only 13 minutes.