One of the most complex criminal cases in Hawaii history has reached a turning point.
Editor’s note:This article was originally published on Ian Lind’s blog, iLind.net, and is reprinted here with the author’s permission.
The government rested its case Tuesday after five months of trial. The court will “go dark” for a week, and the trial will resume on Wednesday when the defense will begin presenting its case.
The government has presented hundreds of witnesses, and concluded with days of somewhat mind-numbing testimony about corporate and individual tax liabilities.
Several apparently key witnesses were, surprisingly, not called to testify.
Mike Miske is a former nightclub owner and local businessman accused of running a violent criminal enterprise in Hawaii. (Hawaii News Now/2020)
These include Lance Bermudez, whose reputation as a “shooter” brought him into the Miske organization, and who was described as being involved in several murder-for-hire plots backed by Miske; Jason Yokoyama, who was an employee and figurehead who publicly claimed ownership of the M Nightclub and other businesses Miske has been shown to shown to have owned and controlled; and Delia Fabro Miske, who had been married to Miske’s late son, Caleb, and who was intimately involved in his businesses.
Other testimony tied Yokoyama and Bermudez to parts of the plot to kidnap and murder Jonathan Fraser, which was allegedly carried out at Miske’s command. The government’s failure to call them as witnesses would appear to weaken the chance of convicting Miske for Fraser’s murder.
Two things happened after the jury was dismissed for the day.
First, Miske’s attorneys filed an oral motion for a judgment of acquittal on all counts, and arguments were presented by both sides. Judge Derrick Watson did not rule immediately, and said he would issue a written order on the motion.
Second, the government dismissed Count 16 of the Third Superseding Indictment. The government had originally charged Miske with conspiring with 10 co-defendants to sell methamphetamine, cocaine and oxycodone, between about 2016 and 2018. Although Miske wasn’t shown to be directly involved, the government had alleged that the network of drug dealers was protected from attack or retaliation by their association with Miske’s organization. All of those co-defendants — John Stancil, Kaulana “Shorty” Freitas, Lance “Hammah” Bermudez, Dae Han Moon, Preston Kimoto, Harry “Harry Boy” Kauhi, Norman Akau III, Hunter Wilson and Jarrin Young — have all previously pleaded guilty.
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Although Count 16 was dropped, Miske continues to face charges stemming from an attempted deal to purchase more than 10 pounds of cocaine from a group in Los Angeles. Miske allegedly put up the money to finance the deal, which was broken up when drug agents stopped a three-car caravan escorting the two men sent from Honolulu to make the buy.
Meanwhile, here are the properties could be forfeited if Miske is convicted of conspiring to violate federal racketeering laws.
The decisions will be made by the jury, if they find him guilty of racketeering conspiracy.
There is currently a disagreement between prosecutors and Miske’s defense attorneys over the content and wording of proposed special jury instructions on the forfeiture question. The list was filed in court this week.
However, the parties appear to have at least agreed on the list of properties involved.
There are some eye-popping numbers here.
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Ian Lind is an award-winning investigative reporter and columnist who has been blogging daily for more than 20 years. He has also worked as a newsletter publisher, public interest advocate and lobbyist for Common Cause in Hawaii, peace educator, and legislative staffer. Lind is a lifelong resident of the islands. Read his blog here. Opinions are the author's own and do not necessarily reflect Civil Beat's views.