Even as the Miske case heads towards a trial set to begin in January, the investigation continues.

There’s already a lot of evidence. A mountain of it.

All parties agree that this case is complex and then some. All parties also agree that the discovery in this case is massive and unprecedented, with some reports indicating that it involves more terabytes of data than any case currently pending in the United States Courts.

And the evidence keeps coming.

“The government—like, presumably, the defense—will continue to investigate until the trial is done, and it has a continuing obligation to produce discovery whenever it develops new evidence,” prosecutors said last month.

There have been 29 releases of data produced so far in the process of discovery. The contents of the first 28 data releases was summarized in a legal memo filed in court in June.

Productions 1-28 amounted to 2.42 TB (2,137,436 pages plus 81.5 hrs. of audio). In addition to the soon-to-be 29 productions, the government separately has provided 53.6TB of pole camera footage (18.75 years or 6,836 days of video); forensic extractions and reports (145.5 hrs. of video; social media data from 8 accounts; forensic reports from 51 devices, and 11,289 native files (spreadsheets, emails, texts, digital images, and program/system files). Defense experts are collecting and preparing data from 151 devices in the government’s possession in Washington and Hawaii.

The latest is #29. It reportedly includes another 58.3 gigabytes, 79,800 pages, 1 hr. of audio recordings, 47,338 native files, and approximately 40 Terabytes more from 151 digital devices, according to a June 16 motion filed in court by attorneys representing John Stancil, Miske’s half-brother who is one of the six remaining co-defendants who have not flipped.

The contents of Production #29 was then described by prosecutors in their response.

…Production 29 largely concerned (1) the new obstruction counts with which the government recently charged Mike after recently learning that he had arranged for his counsel to file fabricated and falsified letters in connection with his efforts to secure pretrial release; and (2) the government’s very recent investigation into allegations that co-defendant Preston Kimoto had tampered with a witness. As for the new charges against Mike: Included in Production 29 are the results of two search warrants that allowed the government to conduct a search of five Gmail accounts controlled by witnesses and/or accomplices to the submission of the fraudulent letters. And Stancil had received earlier notice that this discovery was on its way: the search warrant paperwork, and the key documents supporting the new obstruction charges, were produced in Production 24, days after the new charges were filed. Production 29 also included the results of one new search warrant that permitted the government to conduct a broader search through previously seized electronic devices and two Gmail accounts. The defense has long had all of the data from these devices and Gmail accounts, but the government nonetheless produced the specific items that it identified as pertinent pursuant to its search. As for the investigation of the allegations against Kimoto: Included in Production 29 are the results of new search warrants of email accounts, phones, location data, and subpoenaed records related to the allegations.

Finally, a little mystery. On May 23, John Stancil was pulled from an art class and immediately moved to the Special Housing Unit in Honolulu’s Federal Detention, after being housed in the general population since his arrest in July 2020. He remained in isolation in the SHU for a month before being moved into the same housing unit that his brother, Mike Miske, is being held in. None of the other co-defendants in the case are housed in this unit, and neither Miske nor Stancil are allowed contact with them.

The government only hinted at the issue that prompted Stancil’s move to SHU, and the order to separate him from other co-defendants.

“In May 2023… concerns were brought to the government’s attention about inmate conduct at the FDC, and in light of those concerns, the government asked the FDC to fully enforce the separations between Stancil and other co-defendants.”

The nature of these “concerns” was not disclosed, but will hopefully emerge later.