鈥淲e鈥檙e going to trial!鈥 was all defense attorneys were willing to say after an unusual sentencing hearing Thursday in which Chief U.S. District Judge Susan Oki Mollway rejected the plea agreement in a federal human trafficking case.

Mike and Alec Sou, who run Aloun Farms, responded to the judge’s decision by withdrawing their guilty pleas on charges they forced 44 Thai immigrants to work as indentured servants on the Kapolei farm. Their other option would have been to plead guilty without a plea agreement.

Mollway characterized the brothers鈥 decision as 鈥渞isky,鈥 saying they may now face 鈥渧ery substantial鈥 additional charges and stiffer sentencing if convicted. She called the situation a 鈥渕orass.鈥

鈥淚 had concerns about whether the defense was really standing behind the guilty pleas,鈥 Mollway explained leading up to her decision. 鈥淭he situation has gotten muddled enough … I wouldn鈥檛 do this lightly.鈥

The plea agreement had entailed the possibility of a maximum of five years in prison, but community leaders had rallied behind the brothers in seeking a sentence that would have kept them out of prison and able to continue to run their farm, among Oahu’s largest vegetable farms.

While its rejection means the Sous face significantly heavier penalties, a lawyer for the Thai workers said they wish the case could have been closed today.

“From the perspective of my clients, who are the victims, it鈥檚 not a question of whether the Sous get prison for a year or 10 years or 40 years,” attorney Clare Hanusz said. “What鈥檚 important for my clients is for them to see that there is some degree of justice, some degree of validation of what happened to them.”

While the Sous had pleaded guilty to one human trafficking count, the way defense lawyers characterized the brothers鈥 role in the alleged conspiracy was markedly different than the way prosecutors described the charges.

鈥淲e admit that those workers were under duress,鈥 said Eric Seitz, the defense attorney for Mike Sou. 鈥淲e don鈥檛 deny that that happened. We just seek to characterize the specific role that our clients played.鈥

Seitz argued that workers鈥 living conditions described as 鈥渄eplorable鈥 had also become a 鈥渕ajor bone of contention鈥 in the case.

The defense attorney for Alec Sou, Howard Luke, argued his client has been 鈥渁damant about [his] culpability,鈥 but was not as involved with the more 鈥渘efarious鈥 components of the victims鈥 plight at Aloun Farms. He argued his client鈥檚 role in taking passports from farmworkers was merely to process payroll.

鈥淚t was not intended by my client to deprive them of liberty or freedom … enslaving them in the process,鈥 Luke said.

Federal prosecutor Susan French objected to Luke鈥檚 argument: 鈥淭hat鈥檚 just a misstatement of the evidence that鈥檚 been submitted to the court.鈥

In describing the scope of the offenses form the prosecutors鈥 perspective, French also alluded to another pending human trafficking case. A federal grand jury last week indicted six people on human trafficking charges, alleging they 鈥斅爈ed by Global Horizons Manpower Inc. 鈥斅爌laced 400 Thai workers into forced labor. FBI agents call it the biggest human trafficking case in U.S. history.

鈥淭his didn鈥檛 just start with the group of 44,鈥 French said. 鈥淚t was a sneak preview that may well be before the court in a separate case.鈥

“The theory has always been that the Sous learned their tricks from Global,” Hanusz said. “They learned how it worked and they could cut out the middle man.”

Judge Mollway says this marks only the second time in her 12-year career that she鈥檚 rejected a guilty plea agreement, calling it 鈥渁 highly unusual situation, even for very experienced attorneys.鈥 The other instance was a murder case.

Hanusz said if there’s any silver lining to the latest in a long line of delays in this case, it’s in the transparency that will accompany a trial.

“It does allow for all the evidence to come in,” Hanusz said. “When there鈥檚 a plea agreement, there鈥檚 so much that the public is not privvy to. But when there鈥檚 a trial, it鈥檚 all out in the open. If people had doubts, they won鈥檛 have any doubts after this trial. When they see the evidence, they鈥檒l know that the government does not bring these cases lightly.”

FBI agents with knowledge of the case declined to talk because the trial is pending. The court set a trial date of Nov. 9. Pretrial is set for Oct. 12.

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