POSTED: 01:21 p.m. HST, Aug 07, 2012
LAST UPDATED: 02:33 a.m. HST, Aug 08, 2012
State Department Special Agent Christopher Deedy has lost his bid to transfer his murder case to federal court.
U.S. District Judge Leslie Kobayashi denied his request for permission to seek the transfer of the case from state Circuit Court to the federal courts.
Kobayashi issued the order Tuesday after she said she carefully reviewed the defense request as well as the city prosecutors’ opposition.
Deedy, 28, is charged with murder in the shooting of Kollin Elderts, 23, early Nov. 5 at the McDonald’s Waikiki restaurant on Kuhio Avenue.
Deedy missed the federal deadline of 30 days after his arraignment to ask for the transfer, but his lawyer Brook Hart argued that because of later developments, he had good reason to ask for permission to file the transfer request after the deadline. City prosecutors opposed granting permission.
The move paves the way for the resumption of the state court proceedings.
His trial was scheduled for September, but will likely be postponed because of pending pretrial motions.