Just a brief update on the racketeering case against Michael J. Miske, Jr., and his co-defendants.

• As expected, Miske’s attorneys, Reno-based Michael Kennedy, who was a late addition to the defense team, and Lynn Panagakos, who won a favorable ruling by Judge Derrick Watson on Tuesday when the judge denied a government motion to remove her from the case, have filed an appeal seeking to restore attorney Tom Otake to their legal team.

It’s procedurally complicated. Otake initially filed a motion seeking court approval to step down from the case after prosecutors informed him that they intend to call two of Otake’s former clients as witnesses in the trial, scheduled to begin in September. Initially, Magistrate Judge Kenneth Mansfield denied the request, but later reversed himself and granted the Otake’s motion to withdraw.

Now, following Panagakos’ successful appeal of this very similar matter, she and Kennedy have asked Watson to reverse Mansfield’s decision in Otake’s case. The government has filed its own appeal of a portion of Mansfield’s decision. Watson issued an order on Friday saying he would hear both appeals togther, and setting a deadline for responses to the two appeals to be filed by March 3, with any replies due March 8. Watson said he had elected to decide the matter without a hearing, based on the legal submissions.

• Delia Fabro-Miske has retained a new attorney, Los Angeles-bsed Marcia Ann Morrissey, who will appear Pro Hac Vice on her behalf. Although Morrissey is not licensed to practice in the Hawaii court, she will appear along with a local co-counsel, Donovan Odo. Both are appointed by the court from the Criminal Justice Act Panel, a group of attorneys prequalified “to represent individuals in criminal cases who are unable for financial reasons to retain counsel.”

Fabro-Miske first attempted to retain Morrissey soon after she was indicted and arrested in 2021, but her request was turned down when the court determined Morrissey was not a current member of its CJA panel.

Morrissey is a veteran defense attorney practicing primarily in California. She was first admitted to practice in 1975.

Fabro-Miske was married to Caleb Miske, the son and only child of Mike Miske. After Caleb’s death in March 2016, Mike Miske began changing the registration of his companies to show Fabro-Miske as the sole officer and director, part of what prosecutors allege was a scheme to conceal his continued ownership of the businesses as the federal investigation picked up steam.

She is charged with being a participant in Miske’s racketeering conspiracy, and with a single count of bank fraud. Court records show she was implicated in, but not charged with, a number of other offenses.

• A second motion to release co-defendant Jarrin K. Young from federal detention pending trial was filed by his attorney, William L. Shipley. Young is charged with racketeering conspiracy, conspiracy to distribute drugs, and firearm offense. At the time of his arrest, he was on probation after pleading no-contest in state court to 1st degree robbery and 2nd degree terroristic threatening.

In his motion, Shipley argues that based on the current expected trial dates and the estimated length of the trial, Young will have been in custody 42 months (3-1/2 years) by the time the trial is over.

“The continued pretrial detention of Defendant Young in this matter constitutes a violation of the Defendant Young’s due process rights under the Fifth Amendment to the Constitution, and his immediate release on terms and conditions of pretrial release is the mandated remedy under Ninth Circuit controlling authority,” according to Shipley’s motion.

Shipley filed a similar motion seeking Young’s release in August 2022, which was denied.