Prosecutors had ‘blinders’ on, defense says in racketeering trial close of accused Hawaii crime boss

Michael Miske's defense painted a picture of the accused crime boss as a generous businessman, contrasting the government's portrayal of him as vicious criminal mastermind.

by Keya Rivera, Courthouse News, July 12, 2024

HONOLULU (CN) — After half a year, the federal trial of accused Honolulu crime boss Michael Miske Jr. neared its conclusion Friday, with Miske's defense making the argument that most of government's case for racketeering, fraud and attempted kidnapping was merely circumstantial.

Defense attorney Michael Kennedy implored the jury to carefully consider testimony about Miske's associates at crime scenes, suggesting that Miske's associate, Wayne Miller, rather than Miske himself, was the actual orchestrator of the crimes.

“What was Mr. Miller’s path? He fooled the probation officer, he fooled the court, he fooled the FBI, he fooled the United States Attorney's office, and once he got caught, he kept fooling them,” said Kennedy. “This was the organization, the enterprise that Wayne Miller was about. You heard the testimony.” 

Miske, who was arrested in 2020, is charged with leading a criminal enterprise involved in drug smuggling, robbery, fraud and other crimes over nearly two decades. One of the most serious charges involves a conspiracy linked to the disappearance of a man Miske reportedly blamed for his son's death.

The government suggested Miske, then in his 20s, strategically groomed 15-year-old Wayne Miller to become a significant figure in his criminal network. Countering this narrative, Kennedy characterized their relationship as a friendship, saying that Miller's criminal path began during his prison term for bank robbery, not through Miske's guidance.

Kennedy claimed that Miller's testimony was compromised by his desire to avoid a life sentence without parole, suggesting he falsely accused Miske to secure a cooperation agreement. On rebuttal, Assistant U.S. Attorney Mark Inciong stressed that lying on the stand would negate any potential benefits for cooperating witnesses.

“Blinders and blind spots,“ Kennedy said. “What I mean by blinders is when you're in an investigation and by the next day, before you’ve even begun the investigation, you’re already pointing the finger. That’s not an investigation, that’s rushing to judgment.”

Kennedy said that authorities had developed tunnel vision in the case, leading to significant oversights and causing investigators to miss crucial facts and alternative explanations.

Addressing the complexity of conspiracy charges, Inciong said, "The government is not required to prove precisely who actually committed the crime and who aided and abetted." 

The defense reminded the jury that the burden of proof lies entirely with the government and that any reasonable doubt should result in acquittal. The defense emphasized that the prosecution's case, despite its volume, lacked the solid proof necessary for a conviction.

The defense attorney zeroed in on the lack of physical evidence in the disappearance of 21-year-old Jonathan Fraser, a friend of Miske's son involved in a car collision that later led to the son's death.

Kennedy questioned the government's theory that Miske arranged Fraser's kidnapping and likely murder in revenge for the accident. Stressing Miske's not guilty plea to all 16 charges, including the two murder-related counts carrying mandatory life terms, the defense urged jurors to consider the absence of concrete proof in Fraser's 2016 disappearance.

A significant point of contention in the trial was Miske's whereabouts on the day Fraser disappeared. Kennedy cited cell phone data showing Miske near his nightclubs in Downtown Honolulu, suggesting he was engaged in routine activities. In contrast, the prosecution pointed out a 13-hour period during which Miske's cell phone was turned off, implying potential involvement in Fraser's disappearance.

The defense attorney challenged the prosecution's depiction of Miske as a ruthless criminal mastermind, painting instead an alternative picture: a homegrown, industrious businessowner beloved by his community. 

Kennedy revisited a slideshow from his opening arguments, presenting images of Miske's pest control company fumigating local cultural landmarks like the Waikiki Shell, Polynesian Cultural Center and the Hokulea voyaging canoe.

Inciong later on rebuttal questioned if the court needed "one more Kamaaina Pest Control infomercial" and stressing that Miske's business success had no bearing on the case.

“No one ever said there was no legitimate business,” said Inciong. “He knows how to make money, there’s no doubt about that. But the evidence is showing he knew how to make money legally and illegally.” 

U.S. District Judge Derrick Watson dismissed jurors after the closing arguments. The jury will being deliberations Monday.

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CB: Miske Defense Denies His Involvement In Conspiracy And Casts Doubt On Government Narrative - Honolulu Civil Beat

KHON: Defense presents closing arguments in Miske trial, jury begins deliberations (khon2.com)

HNN: Six months and 300 witnesses later, jurors in Miske organized crime trial begin deliberations (hawaiinewsnow.com)

KITV: Fate of accused crime boss Michael Miske is now in the hands of a federal court jury 

SA: Accused crime boss Miske’s case goes to the jury