Miske defense expected to rest its case on Monday

The racketeering trial of former Honolulu business owner Michael J. Miske Jr., which started on January 6 with jury selection, is now expected to wrap up soon, according to a discussion in court on Thursday following an abbreviated trial session.

The discussion was prompted by the early and abrupt end of today’s session. In only about 40 minutes, Miske’s defense attorneys called three witnesses who were quickly questioned, cross-examined, and excused in short order. The defense was then unprepared to proceed further.

The jury was excused, and Judge Derrick Watson called the attorneys to task, noting that the past few days had also ended without using the full time available.

“We are wasting a massive amount of time, my time, the jurors time,” Watson said. “The defense is showing a lack of appreciation and a lack of respect for jurors, me, and the process.”

Watson then attempted to pin down both prosecutors and defense attorneys, asking how many more time they need.

The defense said they may finish their non-expert lay witnesses Friday, but that they could spill over until Monday. They now hope that they now hope to be able to reach an agreement to stipulate to the information they had hoped to elicit from a DNA expert who lives on the East Coast, avoiding the need to schedule that witness.

Prosecutors said they intend to call only a single rebuttal witness, who was not identified.

Watson then spelled out a tentative schedule.

According to the court’s minutes:

Based on the information provided by the parties, Court outlined the following schedule:
1. defense should be finish with their witnesses by Monday, July 1, 2024;
2. if time permits on Monday, Government should be ready to present its rebuttal case;
3. Court to instruct the jury on Wednesday, July 3, 2024;
4. Court will be dark from July 4, 2024 through July 10, 2024;
5. Closing arguments estimated to take two days starting on July 11, 2024 and conclude on July 12, 2024; and
6. Jurors estimated to get the case by Monday, July 15, 2024.

The latest draft of proposed jury instructions is 223 pages, just one indication of the complexity of the jury’s remaining task.


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