Attorneys representing accused racketeering boss Michael J. Miske Jr. lost their bid to block testimony concerning allegations involving falsified records of fireworks imported by a company Miske controlled.

In a motion filed Monday, the defense attorneys argued that the evidence is “irrelevant and inadmissable.”

Count One alleges a pattern of racketeering activity consisting of…obstruction of justice),…and wire fraud. Prior to trial, the government notified Mr. Miske that its evidence related to these offenses included evidence that, in around 2011:

(1) another individual allegedly falsely reported to the ATF that fireworks had been stolen from a bunker (obstruction of justice);2 and

(2) Mr. Miske conspired with one or more other individuals to make a fraudulent insurance claim in connection with the fireworks which had been reported stolen (wire fraud).

It appears that the government also intends to introduce evidence that
Richard Macguyer submitted permits to the Honolulu Fire Department in March 2010, which purported to authorize individual consumers to purchase and use consumer grade firecrackers on December 31, 2009 (New Year’s Eve) (see Government Trial Exhibits 6-82 and 6-85), but which were allegedly counterfeit.

The motion argued that the fraudulent permits for use of consumer fireworks were not linked to federal charges of illegal sale of commercial grade fireworks, and therefore irrelevant. In addition, they argued that multiple witnesses regarding the fireworks issues would result in “undue” trial delays.

The memo objecting to the three witnesses was filed at 3:31 p.m. on Monday, April 1.

Judge Derrick Watson filed an order denying the motion. His order was file just nine minutes later, at 3:40 p.m.

On April 1, 2024, Defendant Michael J. Miske filed a written objection to the testimony of three witnesses (Stephen Kishida, Alford Ortiz, and Mark Merriam) listed on the government’s witness list for the day (“objection”). Dkt. No. 1389. Upon review of the same and consideration of the parties’ oral argument, the objection is OVERRULED. Based upon the parties’ indications of the expected testimony and/or evidence to be elicited on the subject at issue allegedly fraudulent permit applications for the use of consumer fireworks — the same is relevant under Federal Rule of Evidence 401, not unfairly prejudicial or otherwise inappropriate under Federal Rule of Evidence 403, and not excludable under Federal Rule of Evidence 404(b). IT IS SO ORDERED.

In testimony yesterday, witnesses said almost 700 fraudulent applications permits for consumer purchase of fireworks had been prepared and filed with the Honolulu Fire Department by Island Weddings and Special Events LLC, dba Grand Finale, a Miske-linked company that advertised fireworks for private parties. However, a retired HFD inspector testified that he noticed the all were time stamped at exactly the same time and date. Police were notified, and a detective assigned to the case. However, time passed and it appeared no follow-up occurred. Eventually the fire department staffer was transferred, and the detective retired. At some point, the box of fraudulent permit applications was thrown away. However, the original inspector had retained two permits. One was filed in the name of someone who was already dead at the time the permit application was supposedly signed and filed, others reportedly used names taken from a telephone book.

Testimony continues today.