The trial of former Honolulu business owner Michael J. Miske Jr. is scheduled to get underway again Monday morning, after a 1-week hiatus due to a juror who was sick.
Last Thursday, the government filed a supplemental witness list with 13 additional names.
The list does not indicate when any of the “new” witnesses are expected to testify, or why they are being called to appear, but it seem unlikely they will appear this week.
I only recognized a few of the new names. There’s a Honolulu Police Department DNA analyst. Several others are associated with assaults that occurred over more than a decade, and that have been linked to or directly involved Miske.
There are likely to be challenges from defense attorneys over the relevance of these violent incidents, which will have to be settled by Judge Derrick Watson.
The government’s supplemental witness list includes a promoter, Michael Galmiche, who was beaten outside Miske’s M Nighclub in December 2012 when he was advertising a rival New Year’s Eve event to Miske’s customers as they left the M near the 4 a.m. closing time. Galmiche was badly beaten by a group of bouncers who had been summoned from the club, and Miske allegedly jumped in and participated. Also on the list is Theresa Schubert, who was also assaulted when she tried to shield the Galmiche from further beating.
At the time, Galmiche and Schubert put on a New Year’s celebration in Kakaako Park that was described as Honolulu’s “largest and biggest.”
In a lawsuit filed in state court, Galmiche described the incident.
“On or about 3:45 AM on December 15, 2012 Plaintiff Galmiche as on a public sidewalk on Pohukaina Street….Plaintiff Galmiche (along with some other friends) were handing out flyers to persons and vehicles exiting the Restaurant Row parking structure, regarding an upcoming event Plaintiff Galmiche was promoting.
Plaintiff Galmiche had also set up a computer and projector run by a portable generator on the other side of the street to further display the advertisement for his upcoming event.
Plaintfff Galmiche was approached by Defendant Miske who was yelling and swearing at Plaintiff Galmiche about promoting his upcoming event near Def Miske’s club,Defendant M Nightclub. Defendant Miske demanded that Plaintiff Galmiche and his friends turn off the projection equipment.
As Defendant Miske continued to yell and swear at Plaintiff Galmiche, the Plaintiffs saw approximately five bouncers or employees and/or agents from Defendant M Nightclub, including Defendant Stancil approaching Plaintiff Galmiche.
At that time, Plaintiff Galmiche was without provocation or consent violently assaulted and battered by Defendants Miske, Stancil and the Def M Nightclub bouncers.
…repeatedly punched and kicked in his head and body.”
Plaintiff Schubert who was screaming at the Defendants to stop was being physically restrained by one of the Defendant M Nightclub bouncers. Plaintiff Schubert broke free from the Def M Nightclub bouncer who was restraining her and ran to Plaintiff Galmiche and hugged/wrapped her arms around Plaintiff Galmiche in an effort to protect him.
While attempting to protect Plaintiff Galmiche, Plaintiff Schubert was assaulted and battered by at least two of the Defendant M Nightclub bounds including Def Stancil who kicked Plaintiff Schubert in her head.
Def. Miske kicked Plaintiff Galmiche’s portable generator against the curb, picked up the projector and threw it to the ground, and then picked up the laptop computer and threw it to the ground.
Miske still faces trial on felony asssault charges in state court stemming from the Galmiche assault. The state trial has been put on hold pending the outcome of the federal case.
Then there’s the mother of a St. Louis High School student, Steven Thompson, who stood up to Miske in the school parking lot one day, and was later chased through Kalihi by Miske and another man. At least five other witnesses to this incident were already on the government’s original witness list.
The story of the confrontation at St. Louis became public when the student, who had other behavioral issues at St. Louis, was expelled, and his parents filed a lawsuit challenging the school’s decision.
Wendell Staszkow was principal of the school at the time, and was already on the original witness list.
On the morning of May 2, 2006, Michael Miske (Miske), a parent of a student attending St. Louis, threatened Ricksson Pacarro (Pacarro), a student attending St. Louis and a friend of Steven, after a traffic incident. Pacarro’s grandmother, Yvonne Pacarro (Ms. Pacarro), called St. Louis and spoke with Staszkow in concern for Pacarro’s safety. Miske returned to St. Louis that afternoon and approached Pacarro. Steven stepped in and asked what was going on.
Steven testified to the following. Miske told Steven to “go by the bushes so I can lick you too.” Steven then told Miske, “Try hit me.” Miske threatened Steven again and Steven again told Miske to try to hit him. A teacher then interrupted and asked all the students to go into the classroom.
Staszkow testified that Steven did not listen to the teacher’s instructions. According to Staszkow, when Staszkow arrived at the scene, Steven and Miske were still threatening each other. Staszkow stated that he instructed Steven to stop swearing and threatening Miske, and to leave the scene. Steven refused those instructions and continued to swear, shout, and challenge Miske to a fight. Staszkow then walked between Steven and Miske in order to stop a physical altercation. He asked Miske to leave, and Miske left. Staszkow then spent three to five minutes trying to get Steven to calm down and walk away.
Steven testified that Staszkow arrived on the scene and told him to “calm down.” Steven stated that he tried to retrieve his backpack, which was about 20 feet from where he was standing, when Miske tried to charge him. After Miske’s third attempt at charging at Steven, Miske walked around Staszkow to charge him.
Staszkow then positioned himself directly between Steven and Miske. Steven went into the classroom while Staszkow continued to speak to Miske. Steven did not deny that he refused to follow Staszkow’s instructions to stop swearing, stop threatening Miske, and leave the scene
Steven testified that later that day, Miske continued to drive around the school and threaten Steven. Steven testified that he called out his cell phone number to Miske. Steven filed a police report against Miske for terroristic threatening. Later that day, Miske and two
other adults chased Steven, who was on foot, with their vehicle through Kalihi. The Honolulu Police Department and paramedics were called to assist Steven. Steven also filed a police report against Miske for reckless endangerment. On May 6, 2006, Steven received a message from a friend who relayed a threat from Miske to not press charges. Steven then filed a police report against Miske for terroristic threatening in the first degree. On May 23, 2006, the District Court of the First Circuit granted Appellants’ Petition For Injunction Against Harassment against Miske.
Another name on the supplemental witness list is Daniel Miller, who was assaulted by Miske co-defendant Michael Buntenbah, also known as Michael Malone, in the Moani Waikiki Bistro and Bar on January 20.
The incident at Moani’s has sparked a lot of response. Several different versions of a video that captured the assault have been circulating, including versions that sharpened the previously somewhat blurry recording, and another that focused in on the theft of Miller’s gold chain while he was being attacked. I’ve heard from several people offering the names of others involved in the attack that have not yet been made public.
Following the incident, Buntenbah had his release on bond revoked by Magistrate Judge Kenneth Mansfield, and is now being held at the Federal Detention Center until his eventual sentencing on the original charge of conspiracy to commit assault in aid of racketeering.
