Motion to Modify Conditions of Release; Certificate of Service by Martin Kao — United States v. Kao (Dkt. 38, D. Haw. No. 1:21-cr-00061)

Summary

Defendant's Motion to Modify Conditions of Release 7p2, with a certificate of service, filed May 14, 2021 as Document 38 by Martin Kao in Cr. No. 21-00061 JAO (Case 1:21-cr-00061-LEK), U.S. District Court for the District of Hawaii. The motion, brought under 18 U.S.C. § 3142(c), asks to change condition 7p2 of the October 2, 2020 Minute Order (Dkt. No. 8), which sets home detention with leave only for listed purposes pre-approved by Pretrial Services. It states that the defendant has been on release for 7 months and that the pre-approval requirement is burdensome. It asks instead for a time-based curfew approved by Pre-Trial Services. It is signed /s/ Michael Jay Green.

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Case 1:21-cr-00061-LEK Document 38 _ Filed 05/14/21 Page 1of4 PagelD.160

MICHAEL J. GREEEN 4451

841 Bishop Street, Suite 2201

Honolulu, Hawaii 96813

Telephone: (808) 521-3336

Fax: (808) 566-0347

E-Mail: michael@michaeljaygreen.com

Attorney for Defendant
MARTIN KAO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, ) CR. NO. 21-00061 JAO
Plaintiff, DEFENDANT’S MOTION TO
MODIFY CONDITIONS OF
vs. ) RELEASE 7p2; CERTIFICATE
OF SERVICE
MARTIN KAO, )
Defendant.
)
)
)
)
)
)
)

DEFENDANT’S MOTION TO MODIFY CONDITIONS OF RELEASE 7p2
COMES NOW, Defendant MARTIN KAO, by and through his attorney,

Michael Jay. Green, and hereby respectfully moves this Honorable Court, pursuant
to 18 U.S.C. § 3142(c), to modify condition of release No. 7p2 of the Court’s

October 2, 2020 Minute Order (Dkt. No. 8).

1
Case 1:21-cr-00061-LEK Document38 _ Filed 05/14/21 Page 2of4 PagelD.161

Condition 7p2 requires as follows:

Comply with the Location Monitoring program under the direction of

Pretrial Services. The Court authorizes release under the HOME

DETENTION restriction which restricts you to your residence at all

times except for employment, education, religious services, medical,

substance abuse or mental health treatment, attorney visits, court

appearances, court-ordered obligations, or other activities pre-

approved by Pretrial Services.

Dkt. No. 8 (emphasis in original).

Because the Defendant is only allowed to leave the house for specific
reasons, the Defendant is required to get pre-approval from Pre-Trial Services, in
advance, each and every time that he needs to leave the home. This is proving to
be unnecessarily burdensome to both the Defendant and his wife, children and
elderly parents as they all depend on him for support in carrying out the most basic
needs such as schooling, transportation, shopping, and daily living activities.

Defendant has been on release for 7 months without any problem. However,
Defendant was just arraigned this week and is now looking at an extended term of
supervision while awaiting a resolution of his case. Now that the discovery
process has begun, the Defendant will also be required to spend an enormous
amount of time at his lawyer’s office reviewing the legal documents and preparing
his case.

Consequently, the Defendant respectfully requests that Defendant be placed

under a time-based curfew that is approved by Pre-Trial Services. Defendant
Case 1:21-cr-00061-LEK Document38 _ Filed 05/14/21 Page 3of4 PagelD.162

submits that said curfew would provide all of the same safeguards as the current
terms and conditions of release without the unnecessary burdens of the purpose
specific travel restrictions currently in place.

DATED: Honolulu, Hawaii, May 14, 2021.

/s/ Michael Jay. Green
MICHAEL JAY. GREEN
Attorneys for Defendant
MARTIN KAO

Case 1:21-cr-00061-LEK Document 38 _ Filed 05/14/21 Page 4of4 PagelD.163

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, ) CR.NO. 21-00061 JAO

Plaintiff, CERTIFICATE OF SERVICE
)
VS.
)
MARTIN KAO,
Defendant.
)
CERTIFICATE OF SERVICE

I] HEREBY CERTIFY that on this date a true and correct copy of the

foregoing document shall be duly served electronically through CM/ECF upon the

following:
CRAIG S. NOLAN THOMAS J. TYNAN
Assistant U.S. Attorney Trial Attorney
Room 6100, PJJKK Federal Building U.S. Department of Justice
300 Ala Moana Boulevard 1400 New York Avenue, N.W.
Honolulu, Hawaii 96850 Washington, D.C. 20005
Craig.Nolan@usdoj.gov Thomas. Tynan@usdoj.gov

DATED: Honolulu, Hawaii, May 14, 2021.

/s/ Michael Jay Green
MICHAEL JAY. GREEN

Attorneys for Defendant
MARTIN KAO

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