Motion to Modify Conditions of Release by Martin Kao — USA v. Kao (Dkt. 56, D. Haw. No. 1:21-cr-00061)

Summary

Defendant's Motion to Modify Condition of Release 7h3, Document 56, filed 10/13/21, United States of America v. Martin Kao, CR. NO. 21-00061 JAO, with footer Case 1:21-cr-00061-LEK. Through counsel Victor J. Bakke, the defendant moves under 18 U.S.C. 3142(c) to change condition 7h3, which restricts travel to the island of Oahu, from the Court's October 2, 2020 Minute Order (Dkt. No. 8). The motion says that the defendant's elderly parents were subpoenaed to testify before a Grand Jury in Washington, D.C. in an unrelated matter from October 19, 2021 to October 22, 2021, and need the defendant to accompany them. Government counsel did not agree to a stipulation. The defendant offers to give Pretrial Services an itinerary and lodging information and asks the Court to expedite the hearing.

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LAW OFFICE OF VICTOR J. BAKKE  
VICTOR J. BAKKE 
5749 
700 Bishop Street, Suite 2100 
Honolulu, Hawaii  96813 
Telephone: (808) 369-8170 
Facsimile: (808) 369-8179 
E-Mail: vbakke@bakkelawfirm.com
Attorney for Defendant 
MARTIN KAO 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF HAWAII 
UNITED STATES OF AMERICA, 
Plaintiff, 
 
vs. 
MARTIN KAO, 
Defendant. 
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CR. NO. 21-00061 JAO 
DEFENDANT’S MOTION TO 
MODIFY CONDITION OF 
RELEASE 7h3; CERTIFICATE 
OF SERVICE 
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DEFENDANT’S MOTION TO MODIFY CONDITION OF RELEASE 7h3 
COMES NOW, Defendant MARTIN KAO, by and through his attorney, the 
Law Office of Victor J. Bakke, and hereby respectfully moves this Honorable Court, 
pursuant to 18 U.S.C. § 3142(c), to modify condition of release No. 7h3 of the 
Court’s October 2, 2020 Minute Order (Dkt. No. 8). 
Case 1:21-cr-00061-LEK     Document 56     Filed 10/13/21     Page 1 of 3  PageID.206

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Condition 7h3 requires as follows: 
Travel is restricted to: the island of Oahu. 
 
Dkt. No. 8, ¶ 7h3 (emphasis in original). 
 
 
Defendant’s elderly parents have been subpoenaed to testify before a Grand 
Jury in Washington, D.C. in an unrelated matter from October 19, 2021 to October 
22, 2021.  Defendant’s parents have retained counsel in that matter who has tried 
to arrange for their testimony to be taken remotely to avoid Defendant’s parents 
having to travel to Washington, D.C.  Unfortunately, those efforts have been 
unsuccessful.  Defendant’s counsel discussed this matter with Government’s 
counsel in an attempt to agree to a Stipulation to allow Defendant to accompany 
his parents to Washington, D.C. from October 19, 2021 to October 22, 2021.  
Unfortunately, an agreement could not be reached.  Thus, Defendant is filing the 
instant Motion. 
Defendant’s parents are elderly with health issues and require wheelchair 
transport.  Defendant’s parents also have a language barrier in that English is not 
their primary language.  As such, traveling alone in the middle of a pandemic will 
be burdensome for Defendant’s parents and they need Defendant to accompany 
them in their travels to Washington, D.C.  Defendant’s parents flight to 
Washington, D.C. includes a short layover in Dallas/Fort Worth, Texas resulting in 
an approximately an over 10 hour flight time.  Defendant’s parents flight from 
Case 1:21-cr-00061-LEK     Document 56     Filed 10/13/21     Page 2 of 3  PageID.207

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Washington, D.C. back home to Honolulu includes a short layover in Phoenix, 
Arizona resulting in an over 11 hour flight time.  Should the Court grant the instant 
Motion Defendant will (i) provide Pretrial Services with his itinerary and lodging 
information and (ii) continue to comply with all other terms and conditions of his 
release. 
Consequently, Defendant respectfully requests that this Honorable Court 
amend Condition 7h3 to allow Defendant to accompany his parents to Washington, 
D.C. from October 19, 2021 to October 22, 2021.  Moreover, because of the 
timeliness of Defendant’s parents’ trip, Defendant also respectfully requests that 
the Court expedite the hearing on the instant motion.  
 
DATED:  Honolulu, Hawaii, October 13, 2021. 
/s/ Victor J. Bakke  
 
  
 
 
 
 
 
VICTOR J. BAKKE 
 
Attorney for Defendant 
 
 
 
 
 
MARTIN KAO 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 1:21-cr-00061-LEK     Document 56     Filed 10/13/21     Page 3 of 3  PageID.208

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