For the second time in just over a month, a co-defendant in the federal prosecution of the alleged racketeering conspiracy prosecutors say was controlled and directed by former Honolulu businessman Michael J. Miske, Jr., is asking the court to reduce the restrictions on his movements while released on bond pending trial.

Jason Yokoyama, a former partner with Miske in several businesses, including the M Nightclub in downtown Honolulu, named in a second superseding indictment handed down by a federal grand jury in July 2020, and was charged with being a member or associate of a criminal organization prosecutors refer to as the Miske Enterprise. The racketeering conspiracy charge carries a maximum sentence of 20 years in prison, as well as a subsequent period of supervised release.

Yokoyama, 36, worked as operations manager for Miske’s Kamaaina Termite as early as 2011, court records show, and was listed at the same time as a co-owner of the company that owned and operated Miske’s M Nightclub. He later obtained a car salesman’s license when another of Miske’s companies obtained a used car dealer license. And more recently, he was named as successor trustee for Miske’s personal revocable trust, and would have controlled Miske’s assets if he had died or became incapacitated.

Yokoyama was released on a $150,000 bond secured by a mortgage on his parents’ home, over the objections of prosecutors, who then appealed the decision, which was upheld by Judge Derrick Watson subject to conditions spelled out by the court. Yokoyama was placed under home detention with his parents, which restricts him to the residence except for employment, education, religious services, medical, substance abuse or mental health treatment, attorney visits, court appearances or court-ordered activities. Any other activities require prior approval by the court’s Pretrial Services. In addition, he is subject to GPS tracking, and random drug and alcohol testing.

Last month, Yokoyama’s attorney, William Harrison, filed a motion asking the court to amend the restrictions to drop the home detention condition and replace it with a simple curfew, requiring Yokoyama to be at home during certain hours.

Harrison argues that the requested change to a curfew restriction should be granted because Yokoyama has complied with all the conditions since his release, and the court’s Pre-Trial Services has said they would support the shift.

“The Bail Reform Act of 1984 requires the release of a person facing trial under the least restrictive conditions that will reasonably assure the appearance of the person as required and the safety of the community,” Harrison argued in a legal memo supporting the request.

In the absence of clear evidence that Yokoyama is either a flight risk or a danger to the community, Harrison argues Pre-Trial Services should be permitted “to decide whether he will be allowed lesser conditions pending trial.”

Prosecutors responded that Harrison “has offered no valid or compelling basis for making any change” to the conditions of Yokoyama’s release.

In order to modify the conditions of his release, the law requires “that information exists that was not known to movant at the time of the hearing and that has a material bearing on the issue,” according to the government’s memo in opposition to Harrison’s request.

“Yet, the defendant offers no new information at all,” prosecutors argue.

“The Government steadfastly disagrees with the notion that a defendant’s mere compliance with the terms and conditions of his pretrial release should result in a loosening of those same conditions,” prosecutors argue. “To the contrary, the Government asserts it is precisely because those conditions are in place that the defendant has complied and, in the process, both his appearance at future court proceedings and the safety of the community have been ensured.

A hearing on the curfew request is scheduled on Wednesday, May 4, before Magistrate Judge Kenneth Mansfield.

There is precedent for moving from home detention to curfew. Another of Miske’s co-defendants, Preston Kimoto, was released on bond, subject to home detention and GPS tracking, soon after their arrest in July 2020. In November 2021, the court approved a switch to the less restrictive curfew.

Last month, Kimoto’s attorney, Cynthia Kagewada, asked Mansfield to remove both the curfew and GPS requirements, citing Kimoto’s track record of complying fully with all restrictions. Manfield denied the request, but said it was “a close call”, and commented that “demonstrated compliance with the current conditions is something I have to factor in terms of the history and characteristics.”

Kimoto, unlike Yokoyama, is charged with “conspiracy to commit kidnapping” and conspiracy to distribute controlled substances, including methamphetamine, cocaine, marijuana, and oxycodone, in addition to the overall racketeering conspiracy charge. The fact that he succeeded in obtaining court approval to move from home detention to a curfew restriction would appear to bolster the chance of court approval of Yokoyama’s request.