Prosecutors drop gaming case - Hawaii News Now - KGMB and KHNL

Prosecutors drop gaming case

HONOLULU (HawaiiNewsNow) - After several high profile raids, city prosecutors have dropped their case against employees and operators of several gaming arcades on Oahu.

Circuit Judge Randal Lee approved the dismissal after defense attorney pointed out several glaring mistakes.

"Frankly, this case should be referred to the U.S. Attorneys office, the Department of Justice, for systematic prosecutorial misconduct," said attorney Myles Breiner, who represents one of the main defendants Tracy Yoshimura.

Prosecutors erred when they told the grand jury that Yoshimura was the owner of the Game Zone arcades when he wasn't.

Breiner says prosecutors also bolstered the testimony of its gaming expert John-Martin Meyer of Nevada. Breiner said Meyer was not an expert in in the type of sweepstakes machines that were seized.

"They presented false information to the grand jury. They presented perjured information to the grand jury and you can't do that," added attorney Thomas Otake, who represents defendant Eugene Simeona.

Prosecutors issued this written statement today: 

"The state recognized that there were deficiencies in the original indictment. We will correct those deficiencies and seek to re-indict," said spokesman David Koga.

Circuit Judge Randal Lee will hold a hearing Tuesday on whether the case should be permanently dismissed or if prosecutors will be able to re-charge the case.

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