The federal racketeering trial of two men charged with murdering underworld rivals five years ago is scheduled to begin this morning, but not before a new challenge is heard on the legality and accuracy of an informant's tape recording of one of the defendants.

Reginald Minn, defense lawyer for defendant Rodney Joseph Jr., filed motions saying the tape recording should be suppressed and that federal prosecutors should be sanctioned for their role in making and releasing the tape.

Minn also said a Saturday news account in The Advertiser of the tape recording incorrectly reported contents of the tape.

Minn said Motta was discussing a third man accused in the murder case, Kevin Gonsalves, when he said the man showed "his true colors" at the time of the shootings. The news story said Motta was discussing Joseph.

The transcript and a copy of the tape recording are difficult to read and understand. Motta was discussing Gonsalves before the "true colors" statement and Joseph immediately after.

Minn said the recording was improper and that the government should be punished for revealing its existence on the eve of trial.

U.S. District Judge Susan Oki Mollway, who Friday ordered prosecutors to release public copies of the transcript and recording, scheduled a hearing on Minn's motions for 8:45 this morning.

Motta, Joseph and Gonsalves allegedly killed two men and critically injured a third in the parking lot of the Pali golf course January 3, 2007 in a dispute over protection of illegal gambling games on O'ahu.

Gonsalves pleaded guilty and last month was sentenced to 27 1/2 years in prison.

Motta and Joseph each pleaded guilty last year but withdrew their pleas after Mollway said she believed the men should be sentenced to life in prison for the crimes.