I received an email over the weekend commenting on the Miske case. I decided it was worth replying, and sharing my reply.

Here’s the essence of the email, rewritten for clarity.

I have a friend who attends visits at federal detention center and says that miske has his own room own computer and access to a phone daily claiming attorney client privilege. I’m not sure how true this is, but it would be curious to know…. It’s also rumored that recent deaths, shootings, etc. in the community are related to Miske cleaning up, so to speak, so people cannot testify against him. He is probably going to get a slap on the wrist. He has access to many people. People are scared, because once involved, you get targeted! How far does his power reach? Now that the Kealohas are gone, who else is eating because of him?

My reply.

Thanks for the questions. Yes, Miske’s attorneys won a motion that gives him a computer access to assist his attorneys in reviewing and commenting on evidence that has been disclosed in discovery. The basic issue is that Judge Watson agreed that the normal restrictions on computer use withint the Federal Detention Center would deny Miske a fair trial. This case is anything but normal. The government has more evidence than in any criminal proceeding in the district, and perhaps in the nation, upwards of 2 million pages of documents and 70+ terabytes of digital data (photos, audio recordings, video). There was no way, given constraints within the federal detention center, for him to have any opportunity to assist his attorneys in reviewing and interpreting evidence without regular access to a computer. But as I understand it, the computer does not have internet access.

A preliminary list of witnesses was prepared during the summer naming prospective witnesses. It was presented to possible jurors so that they could say whether they knew any possible witnesses. The list was around 700 people, more than will be on the final witness lists, which are due in the next couple of weeks.

But as far as I know, no one on that list has been shot or assaulted, so the shooting rumor doesn’t appear to be true.

And one of his co-defendants, Preston Kimoto, was busted for making verbal threats against a witness expected to testify against him, a woman who knew about a kidnapping Kimoto had helped plan. When he was charged with obstruction of justice, he finally had to plead guilty. So at this point the feds are all over any hints of witnesses being threatened or pressured.

It doesn’t look like Miske has any troops left on the streets. Those previously associated with him are now more likely to be fighting over the territory he used to control.

There are now only four defendants remaining–Miske, John Stancil (his brother), Delia Fabro Miske (who was married to his son), and Jason Yokoyama, his business partner and front man.

Nine others have pleaded guilty and most are expected to testify against him at the trial. And an equal number of people were charged separately and have already admitted being part of Miske’s racketeering organization.

From what I’ve been told, his power in the community was already waning before he was indicted because he could no longer easily launder drug money, or get his hands on the large sums of cash that used to let him buy almost anything and anyone. When that was gone, he lost much of his leverage.

It is very, very unlikely that he will come through this with just “a slap on the wrist.” He might beat some charges, but other are likely going to stick.

He faces 22 counts in the most recent indictment. Two drug conspiracy charges alone each carry a 10 year minimum sentence, and a maximum of life in prison. Others involved in those drug deals are cooperating with prosecutors, and there’s lots of other evidence, including text messages and phone records, to support their testimony.

It looks pretty close to impossible that he’ll walk away with a “slap on the wrist.” At least that how it looks from my vantage point.