The clash between federal prosecutors and defense attorneys representing former Honolulu business owner Michael J. Miske, Jr. was on full view during a pair of court hearings this week. The bottom line, at least for now: Thomas Otake, who was slated to be the lead attorney during Miske’s trial, making the opening and closing statements, questioning key witnesses, and taking part in jury selections, was terminated late Thursday afternoon by a court order signed by Magistrate Judge Kenneth Mansfield. And whether his co-counsel, Lynn Panagakos, will also be disqualified from the case awaits a decision and order from Judge Derrick Watson following a hearing Friday morning in Honolulu’s Federal District Court.

Otake is a highly regarded criminal defense attorney with more than 90 jury trials over his career, many in high profile cases. He successfully represented Zackary K. Ah Nee, one of the Honolulu police officers charged in the shooting death of 16-year old Iremamber Sykap following a wild car chase across parts of Honolulu in 2021, and Christopher Deedy, the federal security agent charged for the fatal shooting of a local man after an early morning altercation in a Waikiki McDonald’s back in 2011.

It’s surprising to me that Otake’s sudden removal from the case was not reported until my latest story was posted at Civil Beat early this morning (“Alleged Crime Boss Mike Miske Just Lost One Of His Longtime Defense Attorneys/Federal prosecutors convinced a judge that Thomas Otake had conflicts of interest with other defendants. Trial is still seven months away“).

These are significant courtroom battles being fought on the territory of the legal minutiae of the interpretation of court rules and case precedents over how to identify and, if necessary, mitigate actual or potential conflicts of interest between an attorney’s current and former clients, leading to decisions that have current consequences, and could come back as grounds for post-conviction appeals. Stressful for attorneys, judges, and clients, but with particulars that are over the heads of the general public.

But among the dense legalese of the technical arguments there have been bits and pieces of new information about the underlying case of the so-called Miske Enterprise.

Down in the middle of today’s Civil Beat story, for example, I report on several items disclosed by the government for the first time in a supplemental legal memo submitted to Mansfield on Wednesday afternoon. These reference the case of a former client who had been represented by Otake, identified only as “Client 2.”

According to prosecutors, “Mr. Otake and his co-counsel … should have been aware that Client 2 was substantially linked to Miske’s criminal activities.”

Client 2 was allegedly given one of five stevedore union positions that Miske reportedly purchased. He was favored, in part, “because Client 2 ‘does some of Miske’s dirty work,’” according to the supplementary memo.

Another government report, described in the supplementary memo, was turned over to defense counsel last year. It indicated Client 2 “committed criminal acts on Miske’s behalf, such as violent assaults.” Another report is quoted describing Client 2 as “a fighter” who “collected debts for Miske.” Miske allegedly arranged for Client 2 to be placed in a union job “as a reward for (his) services.”

The alleged purchase of these positions may be related to a murder-for-hire plot targeting an ILWU official described by three defendants who have already pleaded guilty and admitted to participating in Miske’s racketeering conspiracy. Each of these men–Wayne Miller, Norman Akau, and Harry Kauhi–have admitted taking part in the planned “hit”, which apparently stemmed from a dispute somehow involving those jobs the government now alleges were bought and paid for by Miske. Miske’s half-brother, John Stancil, and Miske’s son, Caleb, both got stevedore jobs on the dock in Honolulu, public records show. The identities of Client 2, and names of those who filled the remaining two jobs, have not been disclosed.

Documents in this latest round of court filings also disclose that Miske had an ACO (adult corrections officer) at the Oahu Community Correctional Center who was available to assist him.

The ACO is mentioned in a string of WhatsApp text messages between Miske and Jacob “Jake” Smith in late February 2018. Smith was one of Miske’s key associates who had admitted he was “on call” and paid to assault people at Miske’s request, until his arrest on federal drug charges in August 2018. The messages were recovered by the FBI from one of Smith’s cell phones, and are part of a subsequent 2019 report of an interview during which Smith was asked about the messages.

The conversation took place at the end of February 2018. Miske told Smith he had just been at the “doctor’s” office, a code word used to refer to his attorney, where he was told that another associate, Lance Bermudez, was switching to a different lawyer which, Miske believed, happened because he was “flipping” and preparing to cooperate with investigators.

Miske asked if Smith could get word to Bermudez that his new lawyer was trying to get him to flip.

Miske: “You should let him know that’s dummies dr and they only tryna get (him to flip on something he had nothing to do with”.

“Dummy” was reportedly a reference to Lindsey Kinney, a drug dealer once associated with Miske’s group, but who was allegedly targeted by Miske in a May 2017 ambush at Kualoa Ranch following a falling-out between the two men.

Smith responded by suggesting Miske contact “Scott” and ask him to convey the message to Bermudez. “I will,” Miske replied.

One page of a heavily redacted FBI report was filed by attorney Lynn Panagakos as an exhibit attached to a legal memo. The report, aparenty going over the same information after Smith took a polygraph test, provided a brief commentary on the conversation and the reference to “Scott.”

“SMITH’s mention of ‘Scott’ was a reference to SCOTT LNU [last name unknown], an Adult Corrections Officer (ACO) at the Oahu Community Correctional Center (OCCC) connected to MISKE. SCOTT LNU was able to do MIKE’s bidding inside of OCCC.”