Federal prosecutors from Washington, D.C., failed to conduct a proper and fair investigation, wrongfully prosecuting Alec and Mike Sou of Aloun Farms, defense lawyers said Thursday after the stunning dismissal of the forced-labor charges against the brothers.

The lawyers said the Sous deserve at least an apology for the nearly two years that they have been dealing with the criminal charges when they did not do anything wrong.

Thomas Bienert Jr., Alec Sou’s attorney and a former federal lawyer for more than 10 years, also said he will ask the Justice Department to review the case to see how "they screwed up the case" to avoid similar prosecutions in the future.

"Super-elated, man," Alec Sou said when asked how he felt as he left the courthouse. "It’s like 10 tons of watermelon lifted off my shoulder."

But the civil lawyer for some of the Thai workers who were scheduled to testify was disappointed.

Attorney Clare Hanusz said the dismissal "was a shock to me as it was to everyone else."

"The victims never got the opportunity to be heard, and that for me is the hardest thing about the decision."

"Right now there are more questions than answers," she said.

Alec Sou, 43, and Mike Sou, 45, were charged in a 12-count indictment with illegally bringing in 44 Thai laborers in 2004 and forcing them to work under threat of deportation to get "cheap and compliant" labor.

But before the start of the fourth day of what was expected to be trial spanning more than a month, Susan Cushman, assistant U.S. attorney at the Hawaii office, asked U.S. District Judge Susan Oki Mollway to dismiss the charges "in the interest of justice."

Mollway granted the request and discharged the jury, bringing an end to the case, which cannot be reinstated because the prosecution asked for the dismissal during the trial.

Cushman and other prosecutors left the courtroom without comment, but Florence Nakakuni, Hawaii’s U.S. attorney, said the dismissal was "the right thing to do."

The Justice Department issued a statement saying the dismissal was based in part on the prosecution receiving "reciprocal discovery from the defense July 29."

"After thoroughly reviewing this information, the government determined that it cannot meet its burden of proof beyond a reasonable doubt," the statement said. "Accordingly, in the interest of justice, the government dismissed the charges in this matter."

Thomas Otake, Mike Sou’s lawyer, said he was not sure what was meant by the reference to the prosecution receiving discovery, which includes documents.

He said the defense and prosecution exchanged documents throughout the trial.

"I don’t believe we gave them anything on Friday that was any different than anything we gave them in the past," he said.

Neither Cushman nor the Justice Department mentioned the departure of the lead prosecutor, Susan French, a department civil rights attorney from Washington, D.C., who was excused from the case Tuesday for undisclosed health reasons.

Earlier in the day she admitted that she misstated the law to a witness before the federal grand jury that indicted the Sous.

Bienert said the Sous were wrongfully accused because French failed to do a "fair investigation."

She got information from some Thai workers but failed to do basic investigation such as reviewing financial records that would show all the workers were properly paid, the lawyer said.

"As a result of her failure to do her job, Alec and Mike wound up being under the thumb of this indictment wrongfully for two years," Bienert said.

The defense lawyers made clear their criticism was aimed at the Justice Department’s civil rights lawyers from Washington.

"In the end we actually believe it was the local U.S. attorney and her office that stepped up and put pressure on D.C. to take a second look at this case," Otake said.

The Sous insisted they did nothing wrong.

Alec Sou said they may have made a mistake when they tried to plead guilty earlier as part of a plea agreement that was rejected by Mollway last year.

But he said they had to make a decision within two days and felt enormous pressure to enter the plea agreement in hopes of a light sentence that would save the farm and its workers’ jobs.

Bienert said the prosecution relied on misunderstandings and faulty conclusions based on some disgruntled Thai workers complaining they were underpaid and that they could work at the farm for only five months.

But Bienert said the Thai recruiter failed to tell the workers about tax withholdings that would reduce their paychecks.

Also, the federal government "botched" requests by the Sous to extend the visas, which resulted in the laborers being unable to work for a longer period, he said.

Bienert said they will be exploring whether the Sous can get reimbursement from the federal government for their attorney fees, but noted it would be granted only in "limited circumstances."

He said the Sous recovering for lost business due to the prosecution would be even more difficult.

At least two jurors apparently were leaning toward the defense.

"We were very much surprised that the government decided to drop the case this early," said juror Gary Fujitani, a banker from Honolulu.

"Obviously, the defense made a good case in trying to refute the government charges," he said.

"The defense was more clear in the points they were trying to get across to the jury. The defense did a good job in creating some doubts as to whether the charges were appropriate for the circumstances."

Frankie Maitland, a juror who lives in Ewa Beach near Aloun Farms, said, "The prosecution had kind of a weak case from the beginning."

At a news conference at the farm’s Kapolei headquarters, Alec Sou thanked friends and supporters and praised the defense attorneys.

"It’s a big sigh of relief now that this is behind us," he said.

"We look forward to getting back to farming and getting back to doing what we do good," he said.

Asked about the 44 Thai workers, Alec Sou noted that his father is Thai. He said some people are "a little greedy, little more untruthful than others."

But he also said he thanks others who did not want to lie to authorities.

"We don’t want to hold any grudges to anyone out there," Alec Sou said. "We just move on."

Star-Advertiser reporter Susan Essoyan contributed to this article.

U.S. v. Alec and Mike Sou of Aloun Farms

The forced-labor charges against brothers Alec and Mike Sou are based on their hiring 44 Thai laborers to work at their Kapolei-based farm from September 2004 to February 2005. The Thai nationals were recruited by a Thai company and hired through a middleman to come to Hawaii under farmworker visas.

Key dates:

» Aug. 27, 2009: A federal grand jury indicts the Sous on three counts of conspiring to obtain forced labor through 44 Thai nationals, as well as document servitude and visa fraud.

» Jan. 3, 2010: The Sous plead guilty to conspiracy as part of a plea agreement. The charge carries a prison term of up to five years. Two other charges are to be dismissed.

» June 7, 2010: Sentencing hearing before U.S. District Judge Susan Oki Mollway. Nine Thai nationals testify.

» July 19, 2010: Another sentencing hearing, including a video presented by the defense about how the Sous treated the workers. Former Govs. John Waihee and Ben Cayetano and community leaders are among dozens who submit letters supporting the Sous. Aloun Farms workers and others pack the courtroom to overflowing.

» Sept. 9, 2010: Judge Mollway finds that the Sous’ statements do not support their guilty pleas, and rejects the plea agreements. The Sous withdraw the guilty pleas.

» Oct. 27, 2010: The Sous are re-indicted and additional charges are added. Sous now face 12 felony charges, including the forced-labor charges carrying prison terms of up to 20 years. The Sous plead not guilty to all charges.

» July 27-28: Jury selection starts in Mollway’s courtroom; the trial is expected to last a month or longer.

» July 29: Opening statements. The prosecution tells the jury the case is about “false promises, broken promises” to the workers and greed by Aloun Farms seeking “cheap and compliant labor.” The defense says the workers were not mistreated and were paid according to the law, but problems with obtaining extensions to the workers’ visas and tax withholding deductions from their pay caused the workers to be unhappy.

» Tuesday: Susan French, the Justice Department’s civil rights lawyer and lead counsel for the prosecution, drops out of the case for health reasons after admitting under questioning by Mollway that she inaccurately suggested to a witness before the federal grand jury that recruitment fees were prohibited by law. Other prosecutors say senior Justice Department lawyers would be arriving here to help with the case.

» Wednesday: Key prosecution witness Matee Chowsanitphon, who acted as a middleman between the Thai company that recruited the 44 workers and Aloun Farms, provides testimony favorable to the Sous. He says he didn’t hear them or anyone else threaten workers. Chowsanitphon pleaded guilty to a felony charge related to visa fraud earlier in the case and received a sentence of house arrest and probation.

» Thursday: Before the jury is brought to the courtroom, Assistant U.S. Attorney Susan Cushman announces that the prosecution is asking for a dismissal of the charges “in the interest of justice.” Mollway grants the request and discharges the jury. The dismissal is permanent because it is at the request of the prosecution after the start of the trial.

Hawaii News Now video: Owners of Aloun Farms ‘elated’ after judge dismisses human trafficking case

Hawaii News Now video: Sou brothers speak out, Aloun Farms celebrates case dismissal