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Jury hears limited testimony on Elderts' disorderly conduct conviction

By Ken Kobayashi

POSTED:
LAST UPDATED: 01:06 a.m. HST, Aug 12, 2013


A retired police lieutenant testified this afternoon about the 2008 disorderly conduct conviction for Kollin Elderts, but his testimony was limited by Circuit Judge Karen Ahn.

Wayne Fernandez testified that Elderts was part of a large crowd in May 2008 and challenged others to a fight.

Elderts struggled when he was arrested, but police did not see him hit anyone, Fernandez said in his brief stint on the witness stand.

In saying she would limit the testimony this morning, Ahn said she recognizes her limitations might not make either the prosecution or the defense happy.

But she said she must weigh State Department special agent Christopher Deedy’s right under court rulings to introduce the conviction against the chance that the jury might decide the case on an “improper basis” that Elderts was a ”bad person” who “got what he deserved.”

She said the jury will know about the conviction only to the extent as to who was the aggressor the early morning of Nov. 5, 2011, when Deedy fatally shot Elderts at a Waikiki McDonald’s restaurant.

Ahn’s remarks came at the start of the 20th day of Deedy’s trial on a charge of murdering Elderts.

Over strong objections by prosecutors who argue that the introduction of the conviction will unduly harm their case, Ahn ruled late Wednesday that she would permit police testimony on the conviction.

The defense argued that under court rulings, the conviction should be introduced at Deedy’s trial to show Elderts’ “aggressive and violent character.”

Elderts was convicted of disorderly conduct after his arrest  outside a Kailua bar.

Deputy Prosecutor Chasid Sapolu wanted Fernandez’s testimony to be expanded to cover that Elderts was acting to defend his uncle and  family. But Ahn said that might open the way for the defense to include more details.

Karl Blanke, Deedy’s lawyer, argued Ahn’s limits on the testimony would not show Elderts’ aggressive behavior that included Elderts challenging members of a fight club; not backing down from police despite repeated warnings; and telling police, “f--- you.”

A police officer also had to physically bring Elderts to the ground and two other officers had to help in handcuffing him, Blanke said.

The judge indicated she would not permit those details. “Mr. Elderts is not here to defend himself,” she said this morning.







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Peacenik wrote:
Too bad we can't get to learn of Eldert's past arrest and also of Medeiros in depth. I feel it plays a Huuuuugh role in determining if the shooting was justified.
on August 8,2013 | 01:48PM
cojef wrote:
Past events may prejudice the case, after all it is not Eldert that is on trial, but Deedy. The death of Eldert is the issue, not what kind of person he was.
on August 8,2013 | 02:01PM
raygreiner wrote:
Since there is not a comprehensive, clear video and audio recording of the incident Eldert's past behavior provides good clues about what his behavior was this time. Had he survived I hope he would be on trial.
on August 8,2013 | 04:40PM
Peacenik wrote:
I'd say Elderts is on trial dead or not. There's records of his past behaviors that plays a major role in determining whether the shooting was justified. I know your camp is repeating, 'a man is dead...'. Deedy is alive but his future is on the line, and he deserve justice as much as Elderts.
on August 8,2013 | 05:17PM
Mypualani wrote:
Deedy's future is done as far as his fed job is concerned, after this there is a civil suit to deal with.
on August 8,2013 | 05:56PM
Mypualani wrote:
Deedy deserves Justice? What are you? And what kind of justice are you talking about? He took a life behind what? Threatening someone who was seated, assaults and then says oh my life is in danger time to kill. F u
on August 8,2013 | 06:22PM
bumba wrote:
You're ignorant. Deedy did us all a favor by putting that bully in the ground. Good riddance.
on August 8,2013 | 06:59PM
Slow wrote:
Ooooo, bumba, you such a brave tiger!
on August 8,2013 | 08:41PM
Mypualani wrote:
No dumba you're ignorant, your tune would be different if dd did the same thing to one of your family members, assuming you have any.
on August 8,2013 | 10:14PM
HAJAA1 wrote:
The trouble maker lost - and you can't handle it. lol
on August 8,2013 | 11:53PM
Peacenik wrote:
if the 2 mensa twins didn't open their smelly b-h's, harassing a lone Perine, both of those bozos would still be alive. You guys keep flapping your gums about Deedy being a coward, how about the 2 brave braddahs picking on one lone skinny hauoli. Would like to see them try that on the 2 black marines.
on August 8,2013 | 10:11PM
hanalei395 wrote:
Per Peacenik, .. "Deedy ........deserve justice as much as Elderts". .....Wow. Since you think Deedy "deserves justice" .....Deedy WILL get "justice" ...in OCCC or Halawa. (In more ways than one).
on August 8,2013 | 07:11PM
Peacenik wrote:
polly wants a cracker, sqawk, squwk.
on August 8,2013 | 10:05PM
Shh wrote:
Sorry but you are wrong. I feel that his past record plays no role for what occured that morning and should be thrown out.
on August 12,2013 | 10:06AM
Slow wrote:
If Deedy was outside a Kailua bar 5 years ago then his arres might have some bearing. I heard that Deedy was caught cheating on a spelling test the 8th grade. How far back do you go to draw some specious conclusions about some one's character and motivations? What difference does it make? You think Deedy knew he had once been arrested so shooting was acceptable? Whoa boy.
on August 8,2013 | 02:54PM
toad103410 wrote:
He's guilty because he supposedly cheated on a spelling test almost 20 years ago? Get real.
on August 8,2013 | 03:12PM
raygreiner wrote:
did the defense ask to introduce that into evidence? if so, I missed it.
on August 8,2013 | 04:50PM
Peacenik wrote:
Let the silliness begin. Yeeeeehaaar!!!
on August 8,2013 | 05:08PM
raygreiner wrote:
If you don't think that swearing at and fighting with police says something about a person's character and their propensity for violence you're quite the fool.
on August 8,2013 | 04:42PM
hanalei395 wrote:
The other smoking gun ...but this time, it was pointed at Deedy. ... The prosecution FINALLY made Deedy to admit, to confess, that there was NO CRIME COMMITTED, BEFORE Deedy kicked Elderts.
on August 8,2013 | 02:19PM
hapaguy wrote:
wow! Really? I had to go out for a bit so I missed most of the testimony today.....pretty damning evidence from the perps own mouth....
on August 8,2013 | 03:18PM
raygreiner wrote:
If Eldert's behavior prior to the shooting wasn't a crime we need to revise the laws. Had he done what he did to a member of the HPD my guess is he'd be charged with terroristic threatening. Shouldn't the public be protected too?
on August 8,2013 | 04:45PM
hanalei395 wrote:
Repeat ....there was no crime BEFORE DEEDY KICKED ELDERTS, which STARTED this whole fight, and your complaining about "Eldert's behavior". A normal person would fight back if he was KICKED FOR NOTHING. Is that simple enough for you?
on August 8,2013 | 05:21PM
hanalei395 wrote:
The BOTTOM LINE ...and the jury already has this in mind: ......Among others, Deedy started his murdering rampage by kicking Elderts, for nothing. And as shown on the video, Jessica West, trying to stop Deedy from approaching toward Elderts and refusing to leave when West said to him to "let's go". The bottom line again ...Deedy is toast.
on August 8,2013 | 06:12PM
HAJAA1 wrote:
I would have kicked that punk too. And his silly friend.
on August 8,2013 | 11:54PM
Shh wrote:
Yes and Deedy really looks bad up there because he really had no reason to kick Elderts and no legit reason for shooting him either.
on August 12,2013 | 10:10AM
toad103410 wrote:
Disorderly conduct? How about resisting arrest? Question: Was he of legal drinking age at the time of that incident?
on August 8,2013 | 03:00PM
raygreiner wrote:
How would his age have anything to do with his fighting the police? Is it excusable if he was a juvenile?
on August 8,2013 | 04:47PM
Mythman wrote:
Is this jury sequestered? If not, how can they not know of the full extent of Mr Eldert's prior?
on August 8,2013 | 03:00PM
raygreiner wrote:
Too bad that the jury won't hear all the facts. If they did they might get a better understanding of Eldert's character and disposition which would allow them to draw their own conclusions about the details of this incident that are in dispute. The prosecution could always accuse HPD of lying about Eldert's arrest if they feel that HPD officers would lie to protect the memory this bully.
on August 8,2013 | 04:37PM
raygreiner wrote:
too bad I seem to be the only one here who is willing to sign his/her comments with a real name
on August 8,2013 | 04:48PM
daniwitz13 wrote:
Are you implying that because you use your real name (is it notarized for all to see) that your comments are more intelligent? NOT.
on August 8,2013 | 06:55PM
atilter wrote:
many unsubstatiated opinions from from "totally unbiased" commentators. much free-wheeling second-guessing of NON- jurors. all we can do is wait and see and hope for the best - what ever it may be - then let it go.
on August 8,2013 | 04:48PM
Mypualani wrote:
Deputy Prosecutor Chasid Sapolu wanted Fernandez’s testimony to be expanded to cover that Elderts was acting to defend his uncle and family. But Ahn said that might open the way for the defense to include more details. Karl Blanke, Deedy’s lawyer, argued Ahn’s limits on the testimony would not show Elderts’ aggressive behavior that included Elderts challenging members of a fight club; not backing down from police despite repeated warnings; and telling police, “f--- you.” A police officer also had to physically bring Elderts to the ground and two other officers had to help in handcuffing him, Blanke said. The judge indicated she would not permit those details. “Mr. Elderts is not here to defend himself,” she said this morning. Get it!
on August 8,2013 | 06:02PM
HAJAA1 wrote:
We ALL know (including his family) that Elderts started this mess. Ended in the worst possible way. I would say to punk trouble makers like him "Bumby you learn".....but he got what was coming to him so instead I say "Bumma Dat".
on August 8,2013 | 11:52PM
Shh wrote:
Do not speak for Ederts family members. If they feel that way then they can say it themselves.
on August 12,2013 | 10:14AM
gary360 wrote:
You're out for the night, having fun, and two bullies who are drunk and hopped up decide to take on everyone in their way. Someone steps in to try and help but subsequently gets arrested for murder.....what happened to man slaughter? Now the question remains, should anyone step in to help someone knowing you are subject to arrest for being a good Samaritan? This is going to make people think twice and bullies and punks be more aggressive.
on August 9,2013 | 12:53AM
Shh wrote:
I feel his past plays no role in what occured that morning. So I am happy that Ahn threw it out
on August 12,2013 | 10:05AM
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