A notice was posted on Sunday that the trial session scheduled Monday (2/26) was cancelled. No reason given.

Last week ended with descriptions of two physical assaults allegedly by, or ordered by, the defendant, Michael Miske.

On Thursday morning, while the jury was out of the courtroom, one of his defense attorneys asked Judge Derrick Watson to exclude witnesses scheduled to testify about an incident related to Count 10 in the third superseding indictment, conspiracy to commit assault in aid of racketeering.

Lynn Panagakos, Miske’s co-counsel, argued that the incident is “irrelevant” to the racketeering charges against Miske because it was a personal matter. Prosecutors responded that the incident is relevant because Miske threatened to kill the victim, who was one of the witnesses scheduled to testify.

Judge Watson declined to rule on the matter, suggesting instead that they move forward with the witness and allow the defense to object on the record.

After the jury was brought back in, prosectors called Adrian Jennison to take the witness stand, and proceeded with his testimony without objections. Jennison, now an executive with MGM Resorts International in Las Vegas, was nightlife director for the Addiction Nightclub in the Modern Honolulu Hotel on the edge of Waikiki from 2010 to 2015.

Jennison said Mike Miske came to the Addiction Nightclub on October 12, 2013 and called out a club employee, Alex Kim, then about 23 years old and working as a barback. Kim was the ex boyfriend of Miske’s girlfriend at the time, Heather Freeman. Miske told him he wanted to talk, and the two went out a side door.

Kim, who testified after Jennison, said Kim told Miske that he had not spoken to Freeman in months, and that he didn’t want any trouble. But Miske put his hands around Kim’s neck and dug his nails into his throat, warning him, “you talk to Heather again and you going to be in the ground.”

At this point, Jennison said he arrived at the scene and intervened in the altercation when he saw Miske’s hands around Kim’s neck. Miske saw him approaching and yelled, “none of your business.” Jameson said he had responded that it was his business because Kim was an employee.

Jennison testified Miske was backed up 5-7 men who he believed were security from Miske’s M Nightclub because they were dressed in black collared shirts and black pants, and carried brass knuckles and butterfly knives. At one point, Miske put his hand on the back of Jennison’s neck and pushed his head down, then threatened to damage hotel property.

Jennison said Miske told him there was no need to call the police, but Jennison said police were already on the way.

Kim was then taken to the security office. HPD Officer Daniel Wolf testified he met Kim in the security office, where he took photos of Kim’s injuries, including scratches, red marks and broken skin on both sides of his neck. Prosecutors entered two of the photos into evidence.

Wolf said the surveillance video generally confirmed Kim’s story. Wolf testified the recording showed Miske grabbed Kim by the neck, then shoved and put his hands around Kim’s neck until Jennison intervened and separated the two. Miske could be seen pointing at Kim, then putting his arm around Jennison and speaking aggressively.

Later, on cross examination, Wolf said neither Kim nor Jennison had mentioned the presence of M Nightclub security staff, and they were not visible on the surveillance video.

Kim declined to prosecute and signed a form withdrawing his complaint. He testified that he was afraid of Miske and was afraid of retaliation if he pursued the case. Wolf said he did not take written statements because Kim had decided not to press charges and instead reported brief verbal statements, leaving an incomplete record that Miske’s attorneys made the most of during cross examination.

Heather Freeman filed for a temporary restraining order in February 2016, alleging she was the victim of domestic abuse by Miske. However, she failed to appear at a court hearing two weeks later, and family court judge Paul Murakami granted a motion by Miske’s attorney, Alen Kaneshiro, to dismiss the temporary restraining order.

Freeman is among several people prosecutors intend to call to appear during the trial as hostile witnesses who, according to the government’s trial memo, “either identify with the Defendant(s) and the enterprise as a whole or who are hostile towards the government.”

Last week ended with witnesses testifying about another assault, this one allegedly business related. I’ll try to get back later to post a description of that incident.