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City prosecutor will not push for manslaughter in Deedy retrial

By Ken Kobayashi

LAST UPDATED: 04:51 p.m. HST, Aug 27, 2013

City Prosecutor Keith Kaneshiro said this afternoon that his office will retry State Department special agent Christopher Deedy on a murder charge and will not push for the manslaughter option.

Kaneshiro, however, said it’s the judge’s responsibility under a Hawaii Supreme Court ruling  to determine if there’s a “rational basis” to give the jurors the choice of returning a conviction on the lesser offense.

He said the judge must make the decision regardless of what the lawyers in a trial recommend.

Circuit Judge Karen Ahn had ruled earlier that she wasn’t going to allow jurors to return a manslaughter verdict because she didn’t think there was evidence to support that option.

Kaneshiro said he agrees with Ahn’s ruling.

The prosecutor’s remarks echoes what Deputy Prosecutor Janice Futa said Monday after the mistrial was declared in Deedy’s murder trial because the jurors were deadlocked.

The jury deliberated for about five full days before reporting that it could not reach a unanimous verdict on whether Deedy should be convicted or acquitted of second-degree murder.

Deedy, 29, was charged with murdering Kollin Elderts, 23, early Nov. 5, 2011 at a McDonald’s restaurant in Waikiki.

The date of the retrial is expected to be set for some time next year when the lawyers meet with Ahn on Friday.

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awahana wrote:
Waste of time and money.
That money should go to the victims family, instead of the prosecutors paycheck, and everything else that is going to cost money retrying all over again, with probably similar results.
on August 27,2013 | 04:17PM
cojef wrote:
In Florida, if the accused is found not guilty, all courts costs will be borne by the State. Appears in Hawaii, it is the Judge's decision to determine whether the accused be charged with the crime, be it 1st, 2nd, or manslaugther. In the recent Florida murder trial, prior to closing arguments, the prosecutor threw in manslaughter to increase the odds for conviction, much to the chagrin of the defense. Seems in Hawaii, it is not possible????
on August 27,2013 | 04:31PM
Mei mei wrote:
Agreed, absolute waste of $$$$$!!
on August 27,2013 | 04:54PM
droid wrote:
Absolutely! Bring back the death penalty, only have it apply to ALL felonies! The crime rate would drop to ZERO overnight!
on August 28,2013 | 12:19AM
LMO wrote:
Not true. Death penalty has not been shown to be a deterrent to any crime.
on August 28,2013 | 01:33AM
atilter wrote:
why should money go anywhere? what are the rules by which something like that is to be decided? if the jury is hung once, who can say that another trial will fare any better? why waste the money? this trial has been long and costly to everyone - except the lawyers. the jurors got some pay but the opportunity costs on private lives may have outweighed the little money and high civic costs. how many re-tries will it take - and at what expense - to whom??? i say enough already!!!!! leave it go!!!
on August 27,2013 | 06:54PM
sayer wrote:
Exactly - enough already. Don't they have other people to prosecute?
on August 28,2013 | 03:37AM
soundofreason wrote:
Same song - different verse.
on August 27,2013 | 07:32PM
AmbienDaze wrote:
second verse, same as the first... herman's hermits.
on August 27,2013 | 09:18PM
Poipounder808 wrote:
Without the Manslaughter option they will lose again.
on August 27,2013 | 04:21PM
allie wrote:
agree..they will never get a phony murder charge through..it is reckless endangerment/manslaughter. Kaneshiro, never known for his brains, wasted a huge amount of money on this
on August 27,2013 | 05:22PM
RCHamakua wrote:
Are you just a myth trying hard to get attention. Maybe you did not get the part about the judge making this ruling, or are you just an unemployed lawyer that the prosecutor would not hire? Regardless, I think you are a bad joke. And such a silly comment about Kaneshiro. He has more brains in his left toe than you do between your ears.
on August 27,2013 | 09:28PM
droid wrote:
Irregardless, Kaneshiro is horrible. Carlisle wasn’t the greatest, but the fact is, Keith is more incompetent than Peter! If Kaneshiro really wanted to earn people’s respect instead of just name-recognition, he would try this case himself. At least Carlisle had the balls to do that.
on August 28,2013 | 12:24AM
sayer wrote:
on August 28,2013 | 03:37AM
kiragirl wrote:
Manslaughter is the unintentional killing of someone. Judge ruled that this killing was intentional regardless if self defense or murder. I agree. Deedy did intend to kill Elderts.
on August 27,2013 | 05:43PM
hanalei395 wrote:
Deedy asks a flabbergasted Elderts "Wanna get shot?". Deedy kicks Elderts to make Elderts to strike back. Which then gives Deedy an excuse to shoot Elderts. ..... Deedy did intend to murder Elderts.
on August 27,2013 | 07:36PM
RichardCory wrote:
Awww, just look at that face. :(
on August 27,2013 | 04:24PM
allie wrote:
He knows this trial will long haunt his political ambitions. He lost the trial of da decade!
on August 27,2013 | 05:23PM
IAmSane wrote:
His face is always like that...
on August 27,2013 | 10:39PM
312guy wrote:
it was self defense no new trial, what else will they present for evidence to support a guilty verdict except people that will not look at the evidence but only their prejudice. move the new trial to another venue
on August 27,2013 | 04:28PM
droid wrote:
How could it possibly be “self-defense” if Chris Deedy through the first blow (kick)?! Mr. Deedy physically instigated a violent confrontation. He is at least guilty of manslaughter. Deedy should take the high road and cop a plea. Anybody who thinks he is not guilty is obviously blind or did not watch the security video (not to mention Deedy’s own testimony that his kick was the first assault of the melée.
on August 28,2013 | 12:35AM
tutulois wrote:
I think they will lose again. And if there is a murder conviction, the appeals will go on forever. What a waste of resources.
on August 27,2013 | 04:29PM
Typical, if it doesnt work, do it again, spend the money and end up with the same result. While we're at it, lets try and put a square peg in a round circle, and it it doesnt work, lets try put a round peg in a square, it that doesnt work, let consider hiring a research firm, spend $500,000 and see where we went wrong. Come on people, lets use our common sense.
on August 27,2013 | 04:34PM
GorillaSmith wrote:
This "case" was always an exercise in political theater. Kaneshiro understood the racial calculus here and had to have his office prosecute this in order to placate a large chunk of his electorate. Now that he's done so, don't be surprised if he opts either not to retry or to allow a change of venue - where a jury would take about 30 seconds to acquit.
on August 27,2013 | 04:36PM
Mythman wrote:
Agree with gorilla man
on August 27,2013 | 06:33PM
Kailuaraised wrote:
Agree. Change of venue to mainland federal court. Doesn't get past the grand jury. Deedy walks.
on August 28,2013 | 01:11AM
SOLID3 wrote:
SOOOO stupid on K. Kaneshiro for his lack of common sense when the average person can see that adding manslaughter would help in a conviction. It might not be the best conviction but a conviction still. I think Deedy is guilty of manslaughter, murder maybe. Who ever runs against him in the next election will use this example of how out of touch and stubborn he can be.
on August 27,2013 | 04:43PM
allie wrote:
on August 27,2013 | 05:23PM
Kai37 wrote:
The media and public need to stop pushing this manslaughter issue - it's getting old. The public and media want manslaughter because they just want some kind of punishment. The judge, Futa, defense and now Kaneshiro all agree that the definition of manslaughter doesn't fit the evidence.
on August 27,2013 | 09:13PM
HonoluluHawaii wrote:
Why is this State of Hawaii versus Christopher Deedy, yet a City Prosecutor is involved?
on August 27,2013 | 05:05PM
BRock wrote:
Because he was prosecuted for breaking a state law. I cannot believe that you did not know this.
on August 27,2013 | 08:08PM
HonoluluHawaii wrote:
This is a trick question, as I wanted to see who would respond to it. What I really wanted to say is that when the big fish comes swimming by, u want to send in your A-Team, not an assistant. In other words, I want to say that MISTER Keith Kaneshiro is a WIMP for hiding behind his deputy Futa and not willing to be in the frontline. Now that this case appears to be headed for a favorable resolution, such as a PLEA DEAL for manslaughter, we can say HURRAY FOR HOLLYWOOD !!!!
on August 27,2013 | 10:07PM
droid wrote:
good point!
on August 28,2013 | 12:37AM
mcc wrote:
Looks like someone was told to let him off.
on August 27,2013 | 05:07PM
mynah wrote:
Wow, these guys havent a clue as to what is reckless conduct.
on August 27,2013 | 05:08PM
gobows wrote:
but manslaughter is up to the judge.
on August 27,2013 | 05:11PM
allie wrote:
Ahm is no brainchild either
on August 27,2013 | 05:23PM
atilter wrote:
you should not be calling the kettle "black"!!! claimed hi intellect does equate to having good common sense values!!
on August 27,2013 | 07:00PM
tigerwarrior wrote:
As far as prosecutors not pushing for the manslaughter option--I'm currently on the horns of a dilemma and couldn't decide on one axiom--so I have narrowed it down to two famous sayings: (1)Fool me once, shame on you. Fool me twice, shame on me. (2)Insanity is doing the same thing over and over again but expecting different results. Apologies for sounding cliche--but at this point in the trial--I have nothing further to say.
on August 27,2013 | 05:29PM
tiki886 wrote:
This comment has been deleted.
on August 27,2013 | 05:37PM
Kailuaraised wrote:
I'm pretty sure everyone knows their backgrounds now. It'll be interesting to see what happens next time around.
on August 28,2013 | 01:13AM
kainalu wrote:
Keith Kaneshiro doesn't want Deedy convicted. He had to put on a good face and indict, otherwise, he would throw Deedy a dinner party instead. Kaneshiro sucks Federal agents.
on August 27,2013 | 06:00PM
Upperkula wrote:
Pick me as a juror.
on August 27,2013 | 06:41PM
tiki886 wrote:
This comment has been deleted.
on August 27,2013 | 08:20PM
HonoluluHawaii wrote:
on August 27,2013 | 10:10PM
Skyler wrote:
on August 27,2013 | 10:40PM
swagger wrote:
Deedy is already broke from this trial, there will be no high price lawyers this time around. Next prosecutor will have the edge and break him down.
on August 27,2013 | 07:00PM
joseph007 wrote:
sorry, but there is always one or more atty's willing to get the publicity, worth a million bucks, to serve.
on August 28,2013 | 08:36AM
xxNOTxx wrote:
If Kaneshiro is serious about retrying Deedy, then he really needs to consider appointing another prosecutor to the case.
on August 27,2013 | 07:20PM
false wrote:
Yup, himself. You can bet Peter Carlisle would have been out front with the cameras, if he were still the prosecutor.
on August 27,2013 | 10:20PM
2NDC wrote:
I wonder if the State AG would have done a better job.
on August 27,2013 | 09:45PM
JohnD2 wrote:
What do they say about people who keep doing the same thing, expecting different results?
on August 27,2013 | 09:56PM
livinginhawaii wrote:
The over paid Futa did a lousy, sloppy job. She needs to be fired and replaced with a competent prosecuting attorney.
on August 27,2013 | 09:59PM
HonoluluHawaii wrote:
Did u see the wrinkles on her face? She probably dyes her hair.
on August 27,2013 | 10:09PM
ftaele83 wrote:
HRS §707-702 Manslaughter. (1)(a) A person commits the offense of manslaughter if: the person "recklessly" causes the death of another person. Moreover, HRS 702-206(3) defines the requisite state of mind "recklessly" needed for manslaughter: (a) A person acts recklessly with respect to his conduct when he consciously disregards a substantial and unjustifiable risk that the person's conduct is of the specified nature. (b) A person acts recklessly with respect to attendant circumstances when he consciously disregards a substantial and unjustifiable risk that such circumstances exist. (c) A person acts recklessly with respect to a result of his conduct when he consciously disregards a substantial and unjustifiable risk that his conduct will cause such a result. (d) A risk is substantial and unjustifiable within the meaning of this section if, considering the nature and purpose of the person's conduct and the circumstances known to him, the disregard of the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation. AND, the judge and/or prosecutor feels that there's not enough evidence to support a manslaughter conviction????
on August 27,2013 | 10:25PM
Skyler wrote:
How is it possible now for him to get a fair trial? It isn't.
on August 27,2013 | 10:36PM
roncho wrote:
i'm not surprised that Kollin Elderts got himself killed. You can act the fool only so long before it all catches up to you. There are far too many angry people in the world. This case should end and let it be a reminder of the consequences of the actions we all make.
on August 27,2013 | 11:06PM
Anonymous wrote:
roncho scum....how is the weather in Virginia?
on August 28,2013 | 01:12AM
gary360 wrote:
Let it rest.
on August 27,2013 | 11:09PM
Kailuaraised wrote:
Good. It's not manslaughter. Everyone screaming it should be should try reading up on what manslaughter is. The real question is what do they expect this time around?
on August 28,2013 | 01:09AM
joseph007 wrote:
Of course the prosecutors won't go for manslaughter. It's circle the wagons boys and don't admit mistakes, ever.
on August 28,2013 | 08:35AM
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