MOTION to Modify Conditions of Release by Martin Kao — PPP Attempt Conspiracy Legal Filings (Dkt. 111)

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 Case 1:21-cr-00061-LEK Document 111 Filed 08/24/23 Page 1 of 3 PageID.960



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; CERTIFICATE OF
                                         )
                                             SERVICE
                                         )
MARTIN KAO,                              )
                                         )
            Defendant.                   )
                                         )
                                         )
                                         )
                                         )
                                         )
   DEFENDANT’S MOTION TO MODIFY CONDITION OF RELEASE
      Defendant MARTIN KAO (“Mr. Kao”) moves this Court to modify the

condition of release to replace the GPS monitoring requirement with SmartLINK

mobile app monitoring. The current condition (7p5) requires him to abide by the

program requirements related to the f Passive Global Positioning satellite (GPS)

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 Case 1:21-cr-00061-LEK Document 111 Filed 08/24/23 Page 2 of 3 PageID.961



Monitoring system. (Dkt. 8) Moreover, he is prohibited from entering any airport,

boat harbors, or places of egress on Oʻahu. Id. The GPS Monitoring system

requires Mr. Kao to wear an ankle bracelet similar to the one depicted below:




Instead, he is requesting use of the SmartLINK application. SmartLINK is a smart

phone application that is downloaded to the participant’s mobile device which has

biometric facial check-in and location monitoring schedule submissions

capabilities.

      Mr. Kao has been supervised by United States Probation Office since

October 7, 2020. (Dkt. 11). In the almost three years of supervision, there have

been no concerns regarding Mr. Kao’s flight risk. He has a stable, full-time job at

Cheesecake Factory, is involved in his family’s life, meets regularly with his

attorney, and has appeared at all court hearings. The GPS monitoring is more

restrictive than necessary given the low risk of flight Mr. Kao presents.

      Mr. Kao is requesting this modest change to his pretrial conditions for two

primary reasons. First, the GPS device is bulky and painful to wear. He
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periodically switches the leg it is attached to because of the discomfort. He wears

two socks under it, even to sleep to provide some cushion between the device and

his leg. This is especially burdensome because Mr. Kao works as a cook at an

incredibly busy restaurant and is on his feet up to ten hours a day. Also

significantly, swimming and the beach were an important part of Mr. Kao’s life

prior to his arrest in this case. He is not able to get into the water, whether it be a

pool or the ocean because of the ankle monitor. Spending time at the beach and

swimming with his family is a productive activity he would like to be able to

partake in and would provide a positive outlet for his own stressors.

      Mr. Kao understands if this modification is granted, he will still be required

to abide by all of his restrictive conditions including curfew and a prohibition from

entering any airports, boat harbors, or places of egress on Oʻahu.

      For these reasons, as well as any others that may be argued at a hearing on

this Motion, Mr. Kao requests that the Court modify his supervision conditions to

allow him to him to be monitored by the SmartLINK application instead of the

GPS Monitoring system.

      DATED: Honolulu, Hawaii, August 24, 2023.

                                  /s/ Victor J. Bakke
                                  VICTOR J. BAKKE

                                  Attorney for Defendant
                                  MARTIN KAO

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