Most people in Hawaii were stunned by recent news that all charges of human trafficking against Alec and Mike Sou had been dismissed "in the interest of justice."
This article explains why that happened.
The news media painted the 44 Thai workers as "impoverished peasants." Not true. Thailand exports more than 100,000 workers a year to countries with high exchange rates. Working abroad is a huge business, with the U.S. the most sought-after country. At $9.40 an hour, one earns the Thai equivalent of $141 an hour in actual purchasing power. In a month, the equivalent is $22,560; in one year, $270,000.
All of the recruiters in Thailand charged exorbitant fees. But the workers were willing to lie to the Thai Department of Labor in Bangkok when asked if they were overcharged, because they knew they could work one year to pay off the fee, and then make the equivalent of a half million dollars in the next two years. Most of the 44 worked abroad before; some twice or more. They weren’t poor.
When they arrived in Hawaii, they adjusted quite well, and their statements to the FBI show they were generally happy. But after a few months, their initial workers’ visas expired, and the U.S. government, without explanation, renewed them only for two months, in spite of the Sous’ requests.
The Sous were put into an impossible position. If they kept the workers on the farm, they might all be arrested by the Immigration Service. If they sent the workers home, they couldn’t repay their huge recruitment-fee loans. They let the workers disperse, and "failed to contact" the proper federal agencies. Most went to work elsewhere, some stayed with neighbors. For some, life was bleak, and became desperate.
A few knew that if they claimed abuse, the government would give them visas to stay in America until the trial. They filed charges, then contacted others. Eventually, 24 signed complaints.
The FBI interviewed those workers individually, asking about points in the human trafficking laws. Four answered that passports were not confiscated but were taken for three or four days to secure Social Security numbers, then returned.
Four, responding about being held prisoner and forbidden to talk to outsiders, said all were free to come and go. Indeed, 11 lived unsupervised on the farm for several months. Others said the housing was fine, the food was fine, and that they were never threatened or physically abused. In all, eight stated that accusations against the Sous weren’t true.
Once U.S. Prosecutor Susan French arrived from Washington, however, conviction was the sole goal. She misled the grand jury that indicted the Sous. She wrote up a "non-negotiable" plea agreement, and when the defendants complained that they were innocent of almost all charges, she threatened to charge them with five more counts if they did not sign.
After signing, Alec Sou passed a lie detector test establishing his innocence on the charges.
French withheld the eight testimonies that exonerated the Sous from defense attorneys until two days before the first sentencing hearing. Judge Susan Oki Mollway was very discerning, however, and held three sentencing hearings to get to the truth. When she determined that what the Sous were admitting to did not match the claims of the plea agreement, she set the deal aside, and let the Sous opt for a jury trial.
Soon after the 2011 trial began, the defense forced French to admit she had misled the grand jury, and she left the case. The next day, the U.S. Attorney’s Office asked the judge to dismiss all charges of human trafficking against Alec and Mike Sou "in the interest of justice."
The Thai workers have won visas, food stamps, insurance and a path to citizenship. Meanwhile, the Sou brothers, their families and their reputations have been destroyed; it will take years to win back lost business, and hundreds of thousands of dollars have been lost on their defense. They are the real victims. Where is their justice?