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

Summary

A defendant's motion to modify condition of release 7h3 in United States v. Martin Kao, Document 56 in Case 1:21-cr-00061-LEK, in the United States District Court for the District of Hawaii, filed October 13, 2021. Moving under 18 U.S.C. § 3142(c), the motion asks to modify condition No. 7h3 of the Court's October 2, 2020 Minute Order, which provides that travel is restricted to the island of Oahu. It asks that the condition be amended to allow Defendant to accompany his parents to Washington, D.C. from October 19, 2021 to October 22, 2021. It states that, if the motion is granted, Defendant will provide Pretrial Services with his itinerary and lodging information, and it asks the court to expedite the hearing. It is signed /s/ Victor J. Bakke.

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Case 1:21-cr-00061-LEK     Document 56       Filed 10/13/21   Page 1 of 3 PageID.206



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,                )     CR. NO. 21-00061 JAO
                                         )
            Plaintiff,                         DEFENDANT’S MOTION TO
                                         )
                                               MODIFY CONDITION OF
                                         )
      vs.                                      RELEASE 7h3; CERTIFICATE
                                         )
                                               OF SERVICE
                                         )
MARTIN KAO,                              )
                                         )
            Defendant.                   )
                                         )
                                         )
                                         )
                                         )
                                         )
 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).

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Case 1:21-cr-00061-LEK     Document 56          Filed 10/13/21   Page 2 of 3 PageID.207



      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

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Case 1:21-cr-00061-LEK     Document 56        Filed 10/13/21   Page 3 of 3 PageID.208



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




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