A state judge Tuesday dismissed the gambling promotion and racketeering case against three men who distributed or owned 77 arcade machines that Honolulu police seized in 2012 and that a federal judge had deemed as gambling devices.
Circuit Judge Rom Trader dismissed the indictment against Tracy Yoshimura, Eugene Simeona Jr. and Michael Miller Jr. because the state took too long to take the men to trial. Trader made the dismissal with prejudice, denying the prosecutor the opportunity to recharge the case, because he said repeated failures by the prosecutor “suggest either a pattern of negligence at the very least or, perhaps even worse, bad faith.”
Honolulu Prosecutor Keith Kaneshiro said in a written statement that he disagrees with and is disappointed by Trader’s characterization of how his office handled the case.
“My office acted in good faith and in the interest of the people of Honolulu,” Kaneshiro said.
And while Kaneshiro said he takes responsibility for any delays caused by his office, he said the court must also be held accountable for its inability to set timely dates. He said he will consider whether there are grounds to appeal Trader’s ruling.
This was not the first indictment against Yoshimura, Simeona and Miller. They and six arcade workers were charged in a 414-count indictment in 2014, which came one day after a federal judge ruled that the machines are gambling devices that are illegal under state law.
The state later asked to have the indictment dismissed after the two deputy prosecutors handling the case admitted that they presented false testimony to the grand jury.
The state secured new indictments against the arcade workers in January and against Yoshimura, Simeona and Miller in February. The state immediately served the arcade workers with their indictment and arrest warrants. For Yoshimura, Simeona and Miller, prosecutors had a state judge seal their indictment and didn’t serve the three men their arrest warrants until three months later.
“The state’s offered absolutely no explanation or justification for the delay in service,” Trader said. “And given the nature and magnitude of this particular case, the court can reasonably infer that it was not simply due to oversight or negligence on (its) part, but had to be a deliberate choice on the prosecution’s behalf.”
Whatever the reason for the delay, it gave the defendants less time to prepare for trial because they refused to ask the court to push back their trial date. Their lawyers also say the state held back and was slow to turn over evidence.
“We still don’t have police reports that match up with the correct counts,” Keith Kiuchi, one of Yoshimura’s lawyers, told Trader.
Kiuchi also said — and Trader agreed — that the state presented the same or similar evidence that a previous judge who dismissed the first indictment had deemed was false.
Yoshimura, Simeona and Miller did not comment on the dismissal. Their lawyers said the three men have suffered because of the way the state handled the case. The lawyers said all three lost their businesses and their reputations.
Myles Breiner said Yoshimura lost his home, had to move in with his parents and struggles to pay his bills.
Tommy Otake, Simeona’s lawyer, said the two prosecutions have “put him through a lot. They put his family through a lot.”
All three defendants also had to post bail twice and hire lawyers for both prosecutions.
The six arcade workers charged in a separate indictment are still scheduled to stand trial later this month.
