Prosecutors are slowly moving the Miske case forward

The trial resumes on Monday, April 1 after a 2-week break.

It’s worth taking a quick look at how witnesses and evidence presented so far related to the 19 charges against the defendant, former Honolulu business owner Michael J. Miske Jr.

The charges and the evidence in this case involve overlapping layers of actions, motives, and evidence. Prosecutors have been working through them in sort of circular fashion, building evidence layer upon layer.

Much of the evidence so far has described a series of violent threats and/or assaults carried out by Miske, and by others at Miske’s direction, of business associates, business competitors, employees, and others. Some attacks were apparently “personal” for Miske, but carried out by his criminal associates for money, or to advance their own standing within the organization prosecutors refer to as the Miske Enterprise.

A few of these incidents are related to specific charges, including Count 10, conspiracy to commit assault in aid of racketeering. For example, when the trial resumes on Monday, event promoter Michael Galmiche will continue his testimony. Galmiche has described how he and others were on the sidewalk area across from the parking lot at the Waterfront Plaza early one morning in December 2012. They were advertising a New Year’s Eve event, handing out flyers to customers leaving Miske’s M Nightclub and a couple of other bars near their 4 a.m. closing.

Galmiche testified that he and at least one other person were attacked by Miske and a group of bouncers from M Nightclub, and their equipment, including a projector and computers, were smashed. Galmiche was taken to the hospital by ambulance.

Miske and his half-brother, John Stancil, were charged with felony assault in this case. Stancil pleaded guilty to a lesser offense, while the charges are still pending against Miske, although on hold pending completion of the federal case. Another of Miske’s original co-defendants, Michael Buntenbah, has also pleaded guilty to this as well as other assaults.

The jury has also heard testimony about the beating of Shane Busby, again by a group of “off the books” bouncers known for roughing up patrons at Miske’s nightclub.

But testimony has included other assaults that appear to have been included as part of what is needed to establish a racketeering conspiracy, which allegedly involved a group of conspirators, controlled or directed by Miske, who carried out a number of crimes as part of their criminal enterprise.

If prosecutors are successful in establishing their racketeering conspiracy case, they gain more leeway in presenting evidence on the other charges by using testimony that would otherwise be barred as “hearsay,” but is allowed in racketeering conspiracy cases.

Considerable testimony has also been presented concerning the use of a toxic chemical to attack several different nightclubs that competed with Miske’s club. These attacks, which took place over a period of years, used the chemical chloropicrin, which was used by Miske’s Kamaaina Termite and Pest Control in fumigation. Witnesses have, so far, described attacks on five different competing nightclubs.

Testimony has included expert testimony about the effects of chloropicrin exposure, which has been described as potentially fatal. Chloropicrin was used on the battlefield in WWI, and is now used primarily as a fumigant. Those who have testified to date include two of those who previously pleaded guilty to taking part in the attacks, Kaulana Freitas and Ashlin Akau, along with Alfredo Cabael, who testified that he released chloropicrin into two nightclubs.

Miske’s brother, John Stancil, also admitted to his role in these attacks. However, his plea agreement does not require him to testify against Miske.

The chloropicrin charges are significant because they carry maximum sentences of life in prison, if Miske is convicted.

A number of witnesses also described the kidnapping of an accountant by Wayne Miller and another man, Jonah Ortiz, which is the crime allged in Count 11 of the third superseding indictment. The two carried out the kidnapping at Miske’s direction, after one of his employees and associates, Preston Kimoto, approached him for help.

Kimoto testified he had been asked by a friend to recover money that her father had allegedly lost in a business deal that ended in bankruptcy. The victim in the kidnapping was the president of the company that filed for bankruptcy. He described being kidnapped, beaten, and in fear for his life.

Although the kidnapping was not successful in retrieving any of the money, and Miske allegedly later received a payment of about $90,000 for having ordered the kidnapping.

Miller also presented testimony about a July 2014 attempt to purchase more than 5 kilograms of cocaine from a group in Los Angeles associated with a Mexican cartel, which is the subject of Count 15. The deal was broken up by federal drug agents and local police. Miller and Michael Buntenbah were arrested at the scene, but later released without charges. Miller said Miske had provided the $300,000 to $400,000 in cash for the purchase, which was seized by police along with the drugs.

So it appears substantial progress has been made in presentation of the overall case, while many of the most important witnesses remain to be heard.

The government’s case is expected to last 2-3 more months. So stay tuned.


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