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Federal agent wants his murder trial transferred to federal court

By Jennifer Sinco Kelleher

Associated Press

LAST UPDATED: 10:03 p.m. HST, Jul 17, 2013

The trial of a federal agent charged with killing a man inside a Waikiki McDonald's should be moved to U.S. District Court because publicity about racial issues and animosity toward the federal government could hinder a fair trial in state court, his attorney argued Tuesday.

The request was made to the 9th U.S. Circuit Court of Appeals in the case of State Department Special Agent Christopher Deedy. He has pleaded not guilty to murder in the fatal shooting of Kollin Elderts of Kai­lua in November 2011 while Deedy was in town for the Asia-Pacific Economic Cooperation summit.

Deedy's attorneys said he intervened while Elderts was harassing a customer with racial slurs. Elderts also used a derogatory term to refer to Deedy, the lawyers said.

Michael Green, a lawyer representing the Elderts family in a civil lawsuit, has said that even if that was true, it would not justify the shooting.

Lawyers for the agent want to move forward with the appeal even though a jury has been selected in state court and opening statements are scheduled for July 8.

Defense attorney Karl Blanke said the most critical publicity involving racial issues did not arise until six months after Deedy was arraigned.

Judge Dorothy Nelson, one of three randomly assigned federal judges in Hono­lulu this week to hear oral arguments for various cases, said racial issues must have been clear early in the case.

Deputy Prosecuting Attorney Donn Fudo argued that Deedy took too long to ask for the move to U.S. District Court.

"You can't first litigate in state court and ask to move if there's an adverse ruling," Fudo said after the hearing. "That's just not correct."

He said "prattle" from attorneys to the media about racial issues doesn't justify moving the case.

Judge Jacqueline Nguyen asked why Deedy's appeal was not moot, considering jurors have already been chosen. Blanke said panel members won't be sworn in until they return for the trial next month.

Fudo also argued that the appeal is moot because Deedy withdrew a motion to dismiss the case because he was acting as a federal law enforcement officer. Blanke said Deedy identified himself as a federal agent before Elderts assaulted him and was acting as a federal officer while protecting himself and others.

Blanke asked the judges for an expedited decision. It's not clear when they'll decide. The court receives thousands of cases and allows for oral argument based on merit.

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droid wrote:
Deedy’s attorney seems desperate. Racial slurs?! Take your medicine like a man. You shoot someone to death, you face the consequences. Plain and simple. If Deedy’s life was not in danger, there’s no reason to use lethal force. Period.
on June 12,2013 | 02:17AM
matthewy wrote:
I agree. Based on what we know right now, Deedy brought a gun to a fistfight. That makes him a coward and a murderer in my book.
on June 12,2013 | 04:44AM
Mythman wrote:
The same issues that resulted in the tragic death of one of our local kids, raised to hate whites and hate the US of A are involved in whether or not a state court can deliver a fair trial or a federal court can deliver a fair trial. Both courts in Honolulu would be tainted by the same inbred, unconscious, socially layered prejudices and as such inhibit a fair trial in which unconscious and social and cultural biases are not influencing the outcome. This would be the ideal and would meet the highest standards of our judicial system. Let's hope it works. Meanwhile, let's work on facing our prejudices and hates. The kingdom is not going to be restored and the Chinese are not taking over any time soon.
on June 12,2013 | 05:11AM
artmurch wrote:
Well said.
on June 12,2013 | 05:38AM
wiliki wrote:
Ahn is Korean and not Chinese. But she should have let the case go into the federal courts. This case involves a federal officer and should be tried there-- especially since it seems that he was in Honolulu on official business and a federal agent is never on his own time.
on June 12,2013 | 09:49PM
bumba wrote:
on June 12,2013 | 05:59AM
allie wrote:
on June 12,2013 | 06:13AM
false wrote:
We haven't forgotten the injustices of generations of colonization. So if you don't like the consequences of a belittled people then go some where else.
on June 12,2013 | 07:16AM
Denominator wrote:
I'm sure the courts will take that into consideration. If you have a relative that was ever a victim of injustice, you should carry a paper to prove it and you would not be subject to speeding tickets and you could overdraw your bank account - stuff like that. You are brilliant! But do you really think you can go around beating up tourists at McDonalds just because you and your family are losers?
on June 12,2013 | 09:58AM
NanakuliBoss wrote:
Denominator, did you mean shooting residents at McDonalds?
on June 12,2013 | 04:04PM
bodysurf_ah wrote:
What goes around comes around.
on June 12,2013 | 05:43PM
Anonymous wrote:
Your posts have shown that you live in a world of fear. North Shore bogeymen, drug mafias, now "one of our local kids raised to hate whites...." My sons know Kolin Elderts casually from high school days. Kailua, as you certainly are aware, is a seething cauldron of rcial hatred. Apparently you know him even better than we do. Kolin, nicknamed Mighty Mouse, is no angel but, AGAIN, you pass harsh judgement based on your own sad view of Hawaii. Let me guess. You are white. You are from the mainland. You have no Hawaiian friends (50% or more Hawaiian blood) and have never been inside the home of a Hawaiian. Look out, mythyman, there's a Hawaiin teenager walking outside. Get your gun.
on June 12,2013 | 08:30AM
bodysurf_ah wrote:
Well said..take note mythman.
on June 12,2013 | 09:40AM
Mythman wrote:
I learned about local anti white hate from my kids when they went to local public school - address the hate, not the one who points out the hate. A fair trial is a constitutional right and this person deserves one, as do you and as do I. These posts threatening this defendant with death and other things when he goes to local jail is disgusting but indicative of the local bully mind set that the deceased according to reports was comfortable with acting out......
on June 12,2013 | 10:07AM
BigBird001 wrote:
Oh, you mean because we learned it from the whites who moved here. And when we visit the mainland. Ever heard of Vincent Chin? And how whites got away with beating an Asian guy to death? How about the case in Texas, where a black guy was dragged to his death behind a pickup truck, by whites?
on June 12,2013 | 01:42PM
bodysurf_ah wrote:
How bout it...mythman
on June 12,2013 | 09:08PM
eros_et_logia wrote:
I've lived here all my life and I've known less than five 50% Hawaiians in total.
on June 12,2013 | 09:17PM
Usagi336 wrote:
Now I know why you call yourself Mythman. You're full of myths. Tell me, how are the natives supposed to act? Like the Okinawans? The Filipinos? I don't understand how people can come here, learn of the injustices done to the native people and then tell them to give up and accept the results of a criminal act. So this is America? Where justice always prevails?
on June 12,2013 | 09:36AM
bodysurf_ah wrote:
Well said, from a outsider perspective...a bitter hao** that's all.
on June 12,2013 | 09:38AM
jess wrote:
How long did you know Kollin? You probably did not know him, which makes it wrong for you to assume he was "raised to hate whites and hate the US". Most local people are fully accepting of haoles as long as they show some aloha spirit and live pono. Obviously you don't know what it means to live pono...
on June 12,2013 | 11:45AM
NanakuliBoss wrote:
Hate the US of A? That would be Snowden. Why else would he do that. Anyway Deedy and Elderts are fine Anglo names. Both have two eyes,two ears,a nose and mouth. Where does racial come in? Both Humans, except ones dead now.
on June 12,2013 | 04:02PM
false wrote:
We don't raise our kids to hate, but we sure aren't going to put up with injustice, gun or no gun.
on June 12,2013 | 06:21PM
kolohepalu wrote:
The fact is that in this part of the world whites were responsible for the majority of the injustices perpetrated, the consequences of which affect many local people, Native Hawaiians in particular, to this day. Rather than trying to make things right, their descendants act as apologists, attempt to minimize the wrongs perpetrated,and generally take a "let's forget about the past" attitude. This is the root of local resentment against whites who "don't get it." Those who move here without any humility and perspective on the past deserve to receive in kind the disrespect they are displaying.
on June 12,2013 | 08:23PM
lynnh wrote:
Federal agent and police are required by law to have their sidearms on them at all times. Don't shoot your mouth off unless you understand what you are talking about.
on June 12,2013 | 01:08PM
BRock wrote:
I don't think the agent was looking for a fight. He was forced into it by a two bit punk who liked to brawl. This time the punk picked on the wrong guy.
on June 12,2013 | 03:55PM
saywhatyouthink wrote:
That much is obvious. The only way this unfortunate situation could have been avoided was if Deedy backed off and walked away from the fight. As everyone knows, law enforcement officers DO NOT walk away when their authority is challenged, ever! If Deedy had not been drinking, he would not be charged with a crime.
on June 12,2013 | 06:20PM
false wrote:
Deedy was just to inflated with booze to differentiate between the reality and bloated arrogance on his part.
on June 12,2013 | 06:22PM
livinginhawaii wrote:
In addition to being a racist it was also reported that he was an aggressive chronic. Everyone experienced in dealing with chronics knows that they can be highly unpredictable and extremely dangerous. Again, we do need to see the video to understand exactly what happened.
on June 12,2013 | 07:46AM
8082062424 wrote:
But the chronic did not pull out a gun and shoot any one the agent did. The chronic had no weapons on him
on June 12,2013 | 08:41AM
lynnh wrote:
Shut up already. If someone tries to beat the heck out of me, you can be sure I would use anything at my disposal to dispatch the scum.
on June 12,2013 | 01:11PM
hanalei395 wrote:
Which means ....if someone has a weapon, get involved in a verbal argument between two other guys. This murderer felt very brave to get involved because he was packing heat. And since he knows he can't fight, his gun can do the fighting for him.
on June 12,2013 | 01:39PM
8082062424 wrote:
shut up really. guess what the agent was out drinking and partying i doubt he had the right to shoot someone while he was under the influence .If if it turn out to be like it been stated the agent kicked Kollin first after kollin was kicked in when he went after the agent. some behaviour for a agent
on June 12,2013 | 02:02PM
livinginhawaii wrote:
Please educate yourself on chronic behavior before making such a statement. Clearly you do not understand nor have experience.
on June 12,2013 | 05:49PM
NanakuliBoss wrote:
Racist? This guy Elderts was raised in the most haolefied community on Oahu, Kailua. He more then anyone else lived amongst them. His name is Anglo.
on June 12,2013 | 04:09PM
livinginhawaii wrote:
Your use of the h word is offensive and racist.
on June 12,2013 | 05:51PM
false wrote:
Which part of Kailuafornia isn't white? It's just a small part of San Diego.
on June 12,2013 | 06:24PM
8082062424 wrote:
get over it . it a local word.
on June 12,2013 | 07:26PM
bodysurf_ah wrote:
Not it isn't. If u think so then u might as well leave, cause we'll never stop using the proper hawaiian word to describe white peeps who act like you and all the rest of the Deedy apologists.
on June 12,2013 | 09:12PM
bender wrote:
I thought they had dropped their request to move this to fedeal court. Did they change their mind again, or are they forum shopping. In the long run, it really makes no difference because the local federal court will draw jurists from the same public as the state court gets their jurors from.
on June 12,2013 | 05:48AM
false wrote:
They are just playing delay tactics hoping this will all go away.
on June 12,2013 | 07:16AM
localguy wrote:
Defense attorney Karl Blanke knows Deedy is guilty, knows he caused this fiasco for willfully failing to follow the guidance he was given about not packing or drinking when off duty, knows Deedy is headed for prison, so he is trying to spin this as racial problem. Nice try but not going to work. All Deedy had to do was back away and call 911 but NO, being a legend in his own mind he took action, the wrong action, and killed Elderts. What was Deedy thinking? All that specialed training went for nothing, Deedy failed to act responsively. Soon Deedy will have a new home at the Federal Hotel where ex law enforcement agents are in very high demand by the inmates. Not to worry, they will make him feel right at home. Be very afraid of prison Deedy, be very afraid.
on June 12,2013 | 06:22AM
COlohe1 wrote:
Mark my words, if it stays in state court, he walks.
on June 12,2013 | 06:51AM
false wrote:
HIstory being what it was, doubt that he will walk. He was too drunk to use reasonable judgement with a gun. He may get manslaughter two and less time but there will be prison time in one of those cushy federal hotel prisons. Who knows, he might go there, get a new identity and move on. How would we know?
on June 12,2013 | 07:19AM
bodysurf_ah wrote:
Good one
on June 12,2013 | 05:34PM
hanalei395 wrote:
Deedy got involved, made himself to get involved, in a verbal argument between two other guys. It seems he wanted to get involved because he must have felt brave to get involved, brave because he was packing heat. And as in any situation, he has his weapon for "self defense".
on June 12,2013 | 06:55AM
lynnh wrote:
Oh my! Do you even understand law enforcement? He was required to intervene. It is part of his and any other law enforcement personnel. I wish people would shut their mouths when the have not a clue about what they are talking about.
on June 12,2013 | 01:14PM
hanalei395 wrote:
In Halawa, this murderer won't have a weapon for self defense.
on June 12,2013 | 01:48PM
holokanaka wrote:
call 911
on June 12,2013 | 01:56PM
8082062424 wrote:
you really should find out the facts before you run your mouth. the agent was not on duty he was out partying in bras and night clubs. some else posted here after he shot kollin he ran. cop found him down the street
on June 12,2013 | 02:05PM
Anonymous wrote:
YOU should find out facts! He wasn't wearing a bra and he didn't run away!
on June 13,2013 | 01:57PM
bodysurf_ah wrote:
They are not required to intervene by shooting an unarmed person. Common sense would've been to call local law enforcement to deal with problem. DSS agents are not cops, they're drivers' and bodyguards. The only investigations they normally do are those involving passport fraud. Deedy thought he was the man cause of his badge, he was tested and he failed.
on June 12,2013 | 05:33PM
false wrote:
Let's see the videos. There must be more than one.
on June 12,2013 | 06:26PM
loquaciousone wrote:
As the saying goes, "never bring a tongue to a gun fight".
on June 12,2013 | 07:02AM
hanalei395 wrote:
It's the other way around. Deedy brought a gun to a tongue fight between to other guys.
on June 12,2013 | 10:03AM
9ronboz wrote:
I agree. Seek a different venue. Kangaroo court.
on June 12,2013 | 07:02AM
soundofreason wrote:
The video shows.........what the video shows.......regardless of WHERE it is shown.
on June 12,2013 | 07:08AM
Maneki_Neko wrote:
I'd support a change of venue. Otherwise this case will become a badminton shuttle getting batted back and forth on claims of racism for years and years. It needs to get judged, decided and over.
on June 12,2013 | 08:14AM
8082062424 wrote:
If they go ahead and give them a change of venue what kind of message are they sending. Any one else who committed this crime in this state would Have there case hear in the state courts. Why is he to be treated any different .
on June 12,2013 | 08:38AM
loquaciousone wrote:
As a federal agent, it is his right and most probably best for him to move this case to a federal court -- but his lawyers messed up. Now a jury is seated and there are costs to the State. Is he willing to recompense the State for his lawyer's blunder?
on June 12,2013 | 09:19AM
8082062424 wrote:
he was not on duty when he committed this crime he was out partying
on June 12,2013 | 09:44AM
loquaciousone wrote:
If a police officer gets a DUI while off duty, don't we still hold them to a higher standard? That's because enforcement officer are never really off duty.
on June 12,2013 | 11:57AM
lynnh wrote:
Agents are never off duty. Nor police. Understand their jobs before you shoot your mouth off.
on June 12,2013 | 01:15PM
holokanaka wrote:
if you are off duty you are subject to the law as any other citizen,
on June 12,2013 | 01:59PM
loquaciousone wrote:
on June 12,2013 | 02:01PM
hanalei395 wrote:
In Halawa, Deedy also will never be "off duty".
on June 12,2013 | 02:16PM
Maneki_Neko wrote:
You seem fascinated by all your compatriots in prison. Sounds like you want prison justice before this person has been found guilty. Lots of aloha there, pal.
on June 12,2013 | 03:06PM
hanalei395 wrote:
An OBVIOUS response from somebody with no sense of humor. A "visiting" federal agent murderer in Halawa ... it sounds funny. Don't worry about it.
on June 12,2013 | 03:35PM
loquaciousone wrote:
There once was a man named Chris; Who while enjoying a burger thought something was amiss; He decided to intervene; Not knowing what it would eventually mean; Now while awaiting his trial for murder; He wished he had just finished his burger.
on June 12,2013 | 09:16AM
Mythman wrote:
If he had never come to Hawaii this would not have happened. African Americans on the mainland got over hating colonial occupiers a long time ago and got on with getting better educated and raising their families, etc. Not in Hawaii, where the hatred of whites as oppressors during the colonial times by the calabash race known as "local" still is stoked by the manipulation of those who want to continue the mish mash of history and reality that the kingdom was overthrown and is occupied as a way to keep corruption and so on alive. Can't you otherwise smart folks connect government corruption with PR Bull Sheet, especially on Kamehameha Day, which is the King of local Bull sheet days
on June 12,2013 | 10:04AM
loquaciousone wrote:
Did you hear the story of how Hawaiians immigrated from China? No? http://www.hawaiianencyclopedia.com/dna-research-on-polynesian-ori.asp
on June 12,2013 | 10:34AM
Mythman wrote:
Nothing new - same old BS, saying native Hawaiians are really Chinese so it's OK that China takes over in Hawaii pursuant to the Akaka bill. Has nothing to do with the Chinese running the alii trusts and becoming fabulously wealthy using stolen native Hawaiian land.
on June 12,2013 | 12:19PM
lynnh wrote:
Stolen? Read your Hawaiian history. Your Alii sold off the lands here so they could have all the western goods they wanted well before any overthrown. It was pure greed. The books are available in any library.
on June 12,2013 | 01:19PM
holokanaka wrote:
america/white stole a nation-Nation Within by Tom Coffman, Aloha Betrayed by Noe Noe Silva, google hawaiiankingdom.org, 1993 apology resolution, Hawaii justice department legal opinion 1988 to start. lynnh you don't what you are talking about.
on June 12,2013 | 02:07PM
8082062424 wrote:
you mean the illegal overthrow?
on June 12,2013 | 02:11PM
Maneki_Neko wrote:
Allie to a white courtesy phone. Calling Allie to a white courtesy phone.
on June 12,2013 | 03:07PM
holokanaka wrote:
the Ali'i selling off their personal lands has nothing to do with the loss of these Islands to america/ha*le.
on June 12,2013 | 02:17PM
hanalei395 wrote:
Deedy came to Hawai'i with his weapon. ... And it made him brave enough to get involved...... in something.
on June 12,2013 | 10:41AM
lynnh wrote:
Got over hating? Are you kidding? Try watch the news sometime or go walk through a black community and see what happens to you.
on June 12,2013 | 01:17PM
NanakuliBoss wrote:
Where would a black community be on Oahu? Maybe on a military base? Lynnh, what are you?
on June 12,2013 | 04:20PM
8082062424 wrote:
I'm sorry your wrong met quite a few African Americans and one of the reasons they love Hawaii is because to use there words whites do not rule here. also met some one from Texas she half Mexican half white she came here to go to school. she was blown away again to use her words white are not at the top of the food chain here.
on June 12,2013 | 02:15PM
NanakuliBoss wrote:
You just confirmed your racist myth. African Americans never got over it. And with the disrespect of King Kamehameha, you just confirmed you are really a hatist.
on June 12,2013 | 04:17PM
bodysurf_ah wrote:
Time for u to pack up ur white family and white kids and go back to Idaho or wherever ur pilau bloodline originates from.
on June 12,2013 | 05:22PM
busterb wrote:
Leave it in State court. Once he gets to Halawa, he can work out the racial stuff.
on June 12,2013 | 10:19AM
lynnh wrote:
The only racist here was the punk the got killed. And deservedly so.
on June 12,2013 | 01:20PM
8082062424 wrote:
And the drunk punk who shot him will do some time. in the end they both will have paid for there crimes
on June 12,2013 | 02:08PM
wiliki wrote:
That's up to the jury to decide. The judge and the court should insure that he gets a fair trial. Looks like her honor is slipping on the job.
on June 12,2013 | 09:45PM
bodysurf_ah wrote:
Lol, ignorant cockasian.
on June 12,2013 | 05:18PM
wiliki wrote:
Seems to me that the lawyers for Deedy have changed? They probably don't want to offend Judge Ahn, who seems to be very hostile to their client. Ahn seems to be forcing a Hawaii trial even though she knows that there's a lot of prejudice against Deedy and the feds in Hawaii.
on June 12,2013 | 10:22AM
lowtone123 wrote:
First try: Have case dropped. Second try: Have trial moved to Colorado. Now third try: Have trial moved from state to federal court. I have a kitchen sink if you want to try to throw that in to it, too.
on June 12,2013 | 10:54AM
hanalei395 wrote:
It's a case that will NEVER happen again. ..... Another Massie case.
on June 12,2013 | 11:18AM
Mythman wrote:
Racism is institutionalized in Hawaii, a specific kind of racism, what it has in common with the mainland style is it is manifest in the self interest of the majority population, with non majority populations bearing the brunt of it. In this instance, whites and native Hawaiians, among others, are victims of majority population bias encoded into local laws and customs, etc. Accepting all this is what is known as diversity and it is the glue that holds this mess together. Once in a while, it erupts in something that exposes all the raw nerves. This is what a court of law is intended to fix but that court has to be impartial. How to screen out prejudice takes a high minded court, not someone inclined to be just as biased for whatever reason. You will be glad when you find yourself in the same position that the courts try to be fair and one way to be fair is to neutralize bias. Hate of the US of A for overthrowing the kingdom is in the air and it was in the boy's mind what a white man mouthed off to him. Hate for America not hate for whites is what set this tragedy in motion. When is the trial scheduled for those who promote this hate? Is it being held in these pages? Do you think China is going to be any better when you run the whites out and take over in Hawaii. Whites, chinese, Japanese, etc, etc, all this is racial ideation. Come on, now.
on June 12,2013 | 12:16PM
hanalei395 wrote:
Mythman is saying why Deedy is a murderer .....It's all China's fault.
on June 12,2013 | 01:09PM
NanakuliBoss wrote:
Hate for the USA for Vietnam. Hate for the USA for the IRS agents. Hate for the USA for the NSA intrusion. Boy mythman in that case I guess all Americans hate the USA for something. Don't we?
on June 12,2013 | 04:26PM
EducatedLocalBoy wrote:
Mythman it seems that you have the same bone to pick with the racial epithet issue that the murderer Mr. Deedy had. Yes Martha Mr. Deedy is a murderer, the only question is whether he was legally justified in murdering Mr. Elderts. The reason why Mr. Deedy's lawyers delayed the motion to remove the case to Federal Court is that for Fifth Amendment double jeopardy purposes, jeopardy has now attached in Staqte Court now that the jury has been impaneled. This means that Mr. Deedy is off the hook on a legal technicality in State Court if District Court removes the case to Federal Court and the Federal Appellate Court reverses the removal. All of this is only legal maneuvering by Mr. Deedy's lawyers.
on June 12,2013 | 12:33PM
poidragon wrote:
Agent Deedy and his lawyer had a chance to move this case to Federal jurisdiction and failed to do so, then, why should he be allowed to do it now? This guy keeps on trying to circumvent, obfuscate and delay his court case, enough is enough, the court date is already set and the state court ha already begun to empanel a jury for this case!
on June 12,2013 | 04:26PM
eros_et_logia wrote:
To Mythman: 1. I am not sure why you are linking racism with sovereignty. The parties responsible for the overthrow certainly used racial propaganda to justify the action, but it wasn't the reason for the action. The people who seek sovereignty today may have racists among them, but the opinion that one is being oppressed or why one seeks self-determination has little to do with racism 2. I think Hawaii's problem is that its racial prejudices are mainstream. If you fit your negative racial stereotype with your actions or appearance, you'll be marginalized for it. While this applies to anyone, this is especially true for whites. 3. Just as long as the entire jury didn't come from Waimanalo or Waianae, a state jury may actually be prejudiced AGAINST Elderts. Everyone I've talked to assumes that Elderts was belligerent and Deedy may have used appropriate force. Everyone knows about the widespread prejudice and rare cases of racism here no matter who you are.
on June 12,2013 | 09:41PM
palolo2001 wrote:
The video from McDonalds will be very interesting. I hope we can see what really happen.
on June 12,2013 | 10:26PM
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