The case against former Kamaaina Termite owner Mike Miske and his remaining ten codefendants is moving forward, although somewhat glacially.

A hearing to consider Miske’s motion for a further delay in the trial from March to September 2022 has been delayed until next week.

So far, attorneys for two defendants have filed objections to any further delay, citing their clients’ right to a speedy trial.

Nicole E. Springstead-Stolte, one of the Michigan-based attorneys representing Michael Buntenbah (also known as Michael Malone), said in a written objection that a further delay in her client’s trial “would not further the ends of justice, and instead, may unnecessarily delay his trial and unnecessarily result in the loss of important witnesses in his case.”

“Because Mr. Buntenbah is not alleged to have participated in the main racketeering conspiracy and is only indicted in three of the 22 counts, most of the evidence that would be submitted at a joint trial will be irrelevant as to the charges brought against Mr. Buntenbah,” she wrote, indicating she “is prepared to move forward with trial as scheduled.”

Buntenbah is charged with “conspiracy to commit assault in aid of racketeering,” which his attorneys allege stems from his work as a bouncer in the M Nightclub, which was owned and managed by Miske. He is also charged with two counts of taking part in drug-related conspiracies involving possession of and intent to distribute quantities of cocaine, methamphetamine, oxycodone, and marijuana.

He is also scheduled to go to trial in state court on January 4, 2022, on charges of assaulting two men during a January 2016 altercation at Miske’s M Nightclub.

Honolulu attorney Dana Ishibashi, who represents defendant Jarrin Young, also asserted his client’s right to a speedy trial.

Young is charged with racketeering conspiracy, drug-related conspiracy, along with carrying and using a firearm in a drug-related crime.

The same two attorneys opposed the previous delay in the case, from a September 2021 trial date to one in March 2022. Although they continue to oppose a further delay, neither has filed a motion to sever their client’s cases and go to trial apart from Miske and the other defendants. Since the case for delay appears solid given the amount of evidence that has been turned over by prosecutors and has to be evaluated, as well as additional evidentiary issues that remain unresolved, it seems like the delay will be approved at a hearing now scheduled for next week.

In other matters, attorney Walter Rodby filed a motion in September asking to withdraw as private counsel for John Stancil, who is Mike Miske’s half brother. In a declaration filed with the court, Rodby said he had been retained by Stancil’s parents, who are no longer able to afford Rodby’s fees due to family medical issues. At the same time, Rodby filed a sealed motion asking to be appointed to continue representing Stancil via the Criminal Justice Act, which funds legal counsel for defendants who cannot afford to hire their own attorneys. Rodby’s request was granted by Magistrate Judge Kenneth Mansfield on October 5, so he continues as Stancil’s attorney with little interruption, this time at public expense.

Stancil faces numerous charges, including racketeering conspiracy, murder-for-hire conspiracy, assault and attempted murder in aid of racketeering, along with other drug and weapons offenses.

Attorneys for Kaulana Freitas and Delia Fabro-Miske both asked to be allowed to withdraw and have new counsel appointed in their place. Prosecutors did not oppose either request.

Freitas is charged with being part of Miske’s racketeering conspiracy, conspiring to and using a dangerous chemical used in termite treatment to attack a rival nightclub, as well as drug trafficking.

Don Wilkerson, who had been representing Freitas, filed a motion asking on September 28, 2021, to withdraw. During a subsequent hearing on the motion, Magistrate Judge Mansfield held a private discussion with Wilkerson and Freitas. When the court reconvened in open session, Mansfield said he had found “that there is a material breakdown in attorney/client relationship that requires a change with respect to counsel.” There is no indication in the public record of the nature of the issue between them.

Mansfield appointed Marc J. Victor to take over Freitas’ case. Victor, based in Arizona, is president and managing partner of Attorneys for Freedom Law Firm, and is admitted to practice in both Arizona and Hawaii.

This week, Mansfield presided over a hearing to consider a motion by attorney Jeffrey Arakaki asking to withdraw from representing Delia Fabro-Miske.

Fabro-Miske was married to Mike Miske’s late son, Caleb and, after his death, became a key insider and manager in Miske’s varied businesses. She is charged with racketeering conspiracy and bank fraud.

Arakaki disclosed that medical issues have placed temporary constraints on his activities “in preparation of a medical procedure to save and preserve what sight he has remaining.” He stated he is already legally blind in one eye, and the procedure, if successful, will allow him to continue his practice as a criminal defense attorney.

Arakaki wrote that before he was assigned to her case, Fabro-Miske had reached out to others, including Marsha Morrissey, an experience criminal defense attorney in California. Arakaki asked Mansfield to appoint Morrissey to take over the case.

During a hearing this week, Mansfield questioned whether he had the authority to appoint Morrissey, who apparently is not part of the pre-approved members of the CJA panel from which appointments can be made.

Arakaki said that if an attorney other than Morrissey is appointed, “it would be difficult for that attorney to independently represent Ms. Fabro-Miske.”

“I made it clear that I did not want any prior legal counsel to constrain my representation of her, and that was difficult,” Arakaki told Mansfield. “I don’t think any appointment other than Morrissey would work.”

Mansfield responded strongly.

“You’re telling me the only lawyer on the planet” who can step in to represent Miske-Fabro is Morrissey, Mansfield queried.

“I need to appoint someone from our panel,” Mansfield said. “You’re asking me not to do that. You’re giving me a lot of speculation, you’re not giving me any logic.”

Mansfield denied Arakaki’s motion to withdraw.

The same day, Arakaki filed a new motion citing “irreconcilable differences” with Fabro-Miske, which was quickly approved. John Schum, only recently named to a three-year term on the local court’s CJA panel, was appointed to take over Fabro-Miske’s case.

Finally, in other recent action, sentencing for Norman Akau, who has pleaded guilty to a single count of racketeering conspiracy and agreed to cooperate with prosecutors, has been delayed to June 22, 2022.

At least seven other Miske associates, including one other co-defendant in this case, have also pleaded guilty and are cooperating.