Text of Anonymous Complaint Filed with Hawai'i Office of Disciplinary Counsel
Editor's Note: This complaint (below) arrived in our mailbox today without a return address. Akamai readers will remember that Megan Kau was an unsuccessful candidate for Honolulu Prosecutor losing to Steven Alm 52% - 41% in the November, 2020 election.
In response to a query from Hawai'i Free Press, Megan Kau says, "My retainer agreement was between me and Delia Fabro, not Michael Miske…. The one time I met with him, he was with his attorneys Thomas Otake and Lynn Panagakos …. Whoever filed that complaint with ODC has misrepresented the facts. All ODC has to do is compare the (Civil Beat) article to the retainer agreement and I’m sure that it’s not going to go anywhere. That complaint seems extremely politically motivated especially when it talks about ‘a political smokescreen’…which is ironic because I’m not a politician and I don’t plan to be a politician in the future for anything. I am not running for prosecutor in the future.”
Tristan Andres has not responded to a request for comment.
Ian Lind article on Miske's use of front companies: "Alleged gang leader tried to hide ownership of legitimate businesses to hamper federal probe."
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To ODC: March 16, 2021
Attorneys Megan K Kau and Tristan S D Andres have violated Hawai’i Rules of Professional Conduct, Rule 1.7.(a) Conflict of Interest.
The timeline (below) shows that both Kau and Andres represented HPD Sergeant Albert F Lee who was charged in State Court with driving while intoxicated and lying to investigators after crashing into a HECO transformer at 4AM November 17, 2016.
Sgt Lee had been the supervisor of Officer Jared Spiker when Spiker pulled Michael Miske over for a cellphone ticket on Nov 12, 2015. Lee remained involved with the case eventually arresting Miske with FBI help on December 4, 2015.
While representing Lee, both Kau and Andres also began representing Hawaii Partners, LLC in Federal Court in an attempt to recover the 'Painkiller', a boat allegedly used by Michael Miske to dispose of the body of Jonathon Fraser. As reported by Civil Beat, August 20, 2020, Kau admits accepting the Miske 'Painkiller' cases from Hawaii Partners LLC knowing that Michael Miske controlled the company and knowing his reputation - in part from simultaneously working the Lee case!
Kau and Andres' conflict of interest may have blinded them to any possible defense strategy for Sgt Lee detrimental to the interests of Michael Miske.
While hiding her work for Miske, Kau's media claims of having assisted prosecutors investigating Miske and the Kealohas were just a campaign smokescreen.
Because the 'Painkiller' cases were redacted, Kau's involvement did not become publicly known until Civil Beat's reportage. Andres' concurrent involvement in one of the Lee cases and both of the 'Painkiller' cases became evident while researching Kau's involvement.
After crashing into a HECO transformer, Lee switched seats and claimed to have been the passenger in a car driven by somebody unknown to him. Obviously this was intended to echo Michael Miske's demented claim that Jonathon Fraser had switched seats with the severely injured Caleb Miske after an auto accident November 17, 2015-exactly one year before Sgt Lee's so-called accident. (After a lengthy hospitalization, Caleb would eventually succumb to his injuries on March 12, 2016.)
Lee had been scheduled to testify before a Federal Grand Jury investigating Katherine Kealoha later that day. Lee's so-called accident may have helped discredit him as a witness against Kealoha and may have provided him with a handy excuse for sudden memory lapses before the Grand Jury.
Kau and Andres concurrent conflict may have blinded them and their client Lee to any possible defense detrimental to the interests of Michael Miske.
Civil Beat, August 20, 2020, "Honolulu Prosecutor Candidate Has Been On Both Sides Of Alleged Crime Boss."
Ian Lind May 14, 2019: "Do you believe in coincidences?"
Albert F Lee DUI Cases
Case# 1DCW-17-0003921. Complaint filed October 25, 2017. Case concluded December 8, 2017. Tristan S.D. Andres and Megan Kau representing Lee for duration. Megan Kau in court on behalf of client November 17, 2017 and December 8, 2017. Tristan S.D. Andres presented two court filings on behalf of Lee both dated November 20, 2017.
Case# 1CPC-17-0001762. Defendant Lee entered a No Contest plea July 15, 2019. Complaint filed December 18, 2017. Megan Kau representing Lee for duration. Megan Kau in court on behalf of Lee multiple times from January 8, 2018 through July 15, 2019. Tristan S.D. Andres does not appear on court docket for this case.
Attorneys Tristan S.D. Andres and Megan Kau represented Hawaii Partners, LLC in 1:2017mc00288 from inception, October 13, 2017, until case termination March 2, 2018.
Attorneys Tristan S.D. Andres and Megan Kau represented Hawaii Partners, LLC in 1:2018cv00080 from inception, March 2, 2018. Kau was terminated as counsel August 30, 2018. Andres was terminated as counsel, February 21, 2019. The case terminated July 11, 2019.
Andres' and Kau's involvement in the Hawaii Partners 'Painkiller' cases was hidden by orders sealing both cases. Case records were unsealed by judicial order October 22, 2020 pursuant to litigation filed August 18, 2020, by the Civil Beat Law Center 1:2020mc00343.
LINK: Hawai’i Rules of Professional Conduct
PDF: ODC Complaint