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The trial of accused racketeering boss Michael Miske Jr. begins Monday with jury selection, more than three years after the longtime Honolulu business owner was arrested in a federal case that may involve more than 900 witnesses and several former co-defendants who agreed to plea deals.

Empaneling a fair and impartial jury will be the first challenge in a high-profile criminal conspiracy case that grew to include a dozen other defendants at one point and involves accusations of obstruction of justice and witness tampering. Potential jurors already have expressed concerns about security for themselves and their families.

Miske and two remaining co-defendants — his half-brother, John Stancil; and Delia Fabro-Miske, who was married to Miske’s late son Caleb — face a litany of charges centering around participation in a racketeering conspiracy headed by Miske. Miske and Stancil have been in custody since their arrests in July 2020. Fabro-Miske was charged in a second superseding indictment in July 2021.

The most serious charges were leveled against Miske, including conspiracy to kidnap and murder Johnathan Fraser, whom he falsely accused of being behind the wheel at the time of a car crash that killed his only child, Caleb. Fraser, who was 21 at the time, went missing in 2016 and his body has never been found.

He’s also charged with assault in aid of racketeering, conspiracy to distribute cocaine and other drugs, robbery, use of a weapon in a crime of violence, a drug trafficking crime and bank fraud.

Stancil is charged in several drug offenses and violent crimes, while Fabro-Miske was charged with bank fraud for allegedly filing false paperwork in support of a bank loan, as well as racketeering conspiracy.

All three pleaded not guilty.

A Complicated Case

Fraser’s mother, Shelly Miguel, said she plans to fly from the Big Island to Oahu to attend the court proceedings, even though she said it will be “nauseating to the core” to see the defendants in the courtroom. Miske is accused of hiring at least two men to kidnap, torture and murder Fraser.

“I feel like it’s been a long time, but I’m ready for my son to get the justice he deserves,” Miguel said.

Miske’s attorney, Michael Kennedy, said his client is looking forward to his day in court when facts will be presented that show why he is not guilty of the charges he faces.

“Stay tuned because the story at this point has not even begun to be told,” Kennedy said.

The government has spent years building its case. Miske and Michael Buntenbah were first named in a sealed indictment charging them with conspiracy to distribute more than five kilograms of cocaine in 2019.

The pair and nine more co-defendants were named in a superseding indictment in June 2020 that remained sealed until they were arrested a month later.

The most recent indictment, which was filed in December 2022, added obstruction of justice charges against Miske.

Ten other people charged in the case over the past few years, meanwhile, reached plea deals with prosecutors, most agreeing to testify against Miske and his associates.

An Unusual Jury Selection Process

The trial has been repeatedly delayed because of defense motions and the mountain of evidence involved, which Miske’s attorneys said earlier this year included more than 2 million pages of documents along with digital data.

The jury selection process will begin Monday in U.S. District Court in Honolulu when the first group of 10 prospective jurors is scheduled to arrive.

“I feel like it’s been a long time, but I’m ready for my son to get the justice he deserves.”

Johnathan Fraser’s mom Shelly Miguel

Rather than questioning the jury pool as a group, as is usually the case, each potential juror will be called and questioned by lawyers individually. 

“Mostly, when you do individuals like this, it’s in a high-profile case where you want the jurors to be comfortable enough to answer the questions honestly without peer pressure,” said Kenneth Lawson, co-director of the Hawaii Innocence Project. “If they do know a lot of information about the case or they have formulated very strong opinions based on what they read in the media, you don’t want that to contaminate the rest of the jury pool.”

Prospective jurors will be asked questions to determine whether they have something in their background that connects them to the case or prevents them from being impartial. 

A proposed list of 22 questions submitted to the court by prosecutors includes inquiries about feelings toward police and federal law enforcement agencies; viewpoints on drugs, drug addiction and firearms; and any security concerns.

Prosecutors also asked for juror names to be withheld from the defense, called semi-anonymous in legal filings, because of safety.

In responses to questionnaires, some prospective jurors expressed fear for their lives and felt Miske had the power to intimidate them even from prison, according to the motion filed by prosecutors. 

One potential juror wrote they did not want their “body to be found on the fields somewhere or worse yet missing and never found,” the document said.

Judge Derrick Watson denied the request for a semi-anonymous jury last week, saying the names of potential jurors had already been shared with defense counsel in October.

Miske’s attorney said potential jurors should not be concerned about their safety, and if they are, should not be allowed to serve on the jury.

“Stay tuned because the story at this point has not even begun to be told.”

Miske’s attorney Michael Kennedy

Kennedy described Miske as a trustworthy businessman who, through one of companies, Kamaaina Termite and Pest Control, was involved in fumigating important buildings such as Iolani Palace and the Waikiki Shell as well as condominiums, churches and schools.

“I am hopeful that we will have a fair and impartial jury of 12 citizens of this state and six alternates who will hear what comes out in court and make their decision based upon that,” he said. “And if that is what happens (my co-counsel) and I are confident that the jury will come to the right decision and find Michael Miske not guilty.”

Elliot Enoki, spokesman for the U.S. Attorney’s Office for the District of Hawaii, said in a statement that the office did not have additional comment beyond what it has stated in court filings. 

Other questions for potential jurors attempted to discover if they have connections to any of the defendants or the 947 witnesses in the case or if they have had dealings with any of Miske’s businesses, including his pest control business, Kamaaina Plumbing and Solar and the M and Encore nightclubs. 

Defense lawyers last year moved to the change the venue of the trial to a mainland court after a survey showed 84% of Hawaii respondents believed Miske was guilty. A judge later denied the motion.

Looking Ahead

Once a jury of 12 is empaneled, a two-day evidentiary hearing will be held followed by opening statements. Prosectors have submitted a list of 947 witnesses who may be called while the defense listed 323 witnesses. There may be overlap.

Lawson compared the significance of the Miske trial to that of former Honolulu Police Chief Louis Kealoha, who was convicted along with his wife, former deputy prosecutor Katherine Kealoha, in 2019 in one of the state’s biggest corruption scandals. 

“One of the things that came out in the Kealoha case was, people learned a lot more information about the Kealohas as the trial progressed that they didn’t know,” he said. “So after it was over, it created and it continues to create a buzz in the community. I think this will be something similar to that — I think it’s going to leave a buzz in the community.”