A motion filed last week says there's no place safe in the Federal Detention Center for Jake Smith, but a judge denied releasing him on house arrest until sentencing.
Prosecutors failed to show beyond a reasonable doubt that Miske had paid for the murder of Johnathan Fraser, even though the jury convicted him of other crimes related to Fraser's death.
Gifts to planning department officials, forged signatures and other improprieties came out in testimony from a prosecution witness in the sweeping criminal trial.
Testimony continues in the organized crime and murder trial of Honolulu businessman Mike Miske with government witnesses describing violent behavior by the alleged crime boss.