Attorneys representing former Honolulu business owner Michael J. Miske Jr. are locked in a legal battle with federal prosecutors over the admissibility of a wide swath of evidence that could link Miske to the sudden disappearance and alleged murder of 21-year old Jonathan Fraser in 2016.
The outcome could have a significant affect on the outcome of the trial, potentially making it more difficult for prosecutors to obtain a conviction of Miske on the most serious charges he faces.
In a blistering attack on the government’s case, Miske’s attorneys argue that nearly 20 search warrants used to collect evidence were legally flawed. They say FBI agents conducted overly broad and therefore unconstitutional searches, and made “intentional and reckless false statements and omissions” in sworn affidavits required by law to get court approval of those warrants.
Miske’s attorneys claim these actions violated his rights under the Fourth Amendment to the U.S. Constitution which prohibits unreasonable searches and seizures, and they are asking that any evidence obtained, directly or indirectly, be excluded from use in the upcoming trial, scheduled to begin in January.
In response, federal prosecutors have fired back, arguing the challenged warrants were in fact constitutionally valid, and even if they were not, the evidence would still be admissible under several exceptions to the rule against illegally obtained evidence.
Prosecutors also made the surprising announcement that they “do...
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