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JUDGE DECLARES MISTRIAL IN DEEDY MURDER TRIAL

By Star-Advertiser staff

POSTED:
LAST UPDATED: 05:53 p.m. HST, Aug 26, 2013


The judge in the murder trial of State Department special agent Christopher Deedy declared a mistrial today after the jury said it could not reach a verdict.

The mistrial was declared shortly after 4 p.m. after the judge polled the 12 jurors who all agreed that they were unable to reach a unanimous verdict.

The initial announcement that the jury was at an impasse came at 3:30 p.m. in court. Defense attorney Brook Hart told the Circuit Judge Karen Ahn that the defense was not ready to accept a hung jury, but Ahn cut him off and called all parties to the bench for a private conference.

After about 20 minutes, the judge cleared the courtroom of everyone but the parties to the case. When she reopened the courtroom 10 minutes later, she polled the jury and declared the mistrial.

Deedy hugged Hart after Ahn declared a mistrial.

All parties will meet Friday at 1:30 p.m. to discuss a new trial date, she said. 

Ahn said she was thinking of May or June for the retrial.

Deedy, 29, of Arlington, Va., is accused of murdering Kollin Elderts with a gunshot to the chest at the McDonald's restaurant on Kuhio Avenue early on Nov. 5, 2011. The federal agent was in Waikiki providing security for the Asia-Pacific Economic Cooperation conference.

Members of both Deedy's and Elderts' family left the courtroom today without commenting.

Ahn did not give the jurors the option of convicting Deedy on the lesser charge of manslaughter, meaning that the jury only had the choice of guilty or not guilty on the second-degree murder charge, which carries a penalty of life in prison with the possibility of parole.

City Deputy Prosecutor Janice Futa said after today's hearing that while she was "very disappointed," she has no regrets about manslaughter not being an option. She said that without new evidence, there is nothing to support pursuing a manslaughter charge for the retrial.

Hart, meanwhile, told reporters that his client will continue to fight the murder charge. "My reaction is that Agent Deedy is not guilty, pled not guilty, and is not guilty. And the jury did not find him guilty."

"He has another day in court to deal with these charges," Hart said, "and we'll have another opportunity then to put his position forward."

Deedy acknowledges firing the fatal shot, but contends that he was protecting himself and his friend Adam Gutow­ski, who was being beaten by Elderts and his friend Shane Medei­ros.

The jury, made up of eight men and four women, considered 20 days of testimony in the high-profile case and reviewed recordings from McDonald's soundless surveillance cameras.

While the fight between Elderts and Deedy and the shooting were captured by the cameras, the defense and prosecution offered widely different accounts of what the jury was seeing.

In closing arguments, Futa described Deedy as a "bully with a badge" who used a gun to settle a fistfight between himself and Elderts.

Defense attorney Karl Blanke said his client acted in self-defense when Elderts continued to attack Deedy even after he had identified himself as a federal agent and pulled his weapon.

"Deadly force has been used by Kollin Elderts as soon as he drops Christopher Deedy to the ground," Blanke said. "When an officer goes to the ground, that is a deadly-force situation."

Futa argued that Deedy's intoxication and inexperience contributed to the shooting. The prosecutor said Elderts and Medei­ros were joking with McDonald's cashiers and with customer Michel Perrine when Deedy noticed them and stepped in.

"There was no reason for the defendant to get involved," Futa said. She said Perrine was drunk, ignored Elderts and Medei­ros, and did not feel he needed help.

But, Futa said, "He (Deedy) had to meddle. ... He came out of nowhere to address Kollin, who was merely sitting at the table crossing his arms and waiting for his food."

Futa argued that Deedy pulled out a gun and fired the first shot without identifying himself as a law enforcement officer.

Blanke said Deedy was not the aggressor when, with his hands in his pockets, he approached Elderts and simply told him to leave Perrine alone. Elderts escalated the situation by becoming angry and even more upset when Deedy showed him his badge, Blanke said.

Blanke said the video showed Deedy pulling out his credentials. He said Deedy acted reasonably and followed his training as the confrontation became violent and he faced the possibility of death or serious injury.

"What special agent Deedy did was reasonable under the circumstances," Blanke said.

The jury began deliberations on Aug. 15 for about three hours, resuming last Monday and continuing through Thursday. They resumed deliberations this morning after taking Friday off.






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allie wrote:
He is guilty of manslaughter and utter stupidity but not murder.
on August 26,2013 | 08:28AM
pcman wrote:
IRT allie on Deedy. But, on the stand, he said he shot to kill Elderts. Isn't that on purpose?
on August 26,2013 | 08:31AM
saveparadise wrote:
IRT pcman, I saw a clip of Deedy testifying that he fired at Elderts to stop the assault. After the third shot the assault stopped and he stopped pulling the trigger. There is much more to the story but am just replying to your post.
on August 26,2013 | 09:30AM
NanakuliBoss wrote:
Deedy assault Elderts first, still is aggressive as his bud Gutkowless jumps in, then uses his gun after the "oh no", I think this guy can beat John Wayne theory. I will use my gun against this senseless assault on me. Lol.
on August 26,2013 | 10:00AM
hanalei395 wrote:
The prosecution KNOWS it's murder. And the jury has two choices .... a verdict of murder, .... or, ....going down in infamous history as the jury who let a murderer to get away with murder.
on August 26,2013 | 12:57PM
Shh wrote:
I agree...It's just hard for me to not see it as murder.
on August 26,2013 | 03:01PM
boshio wrote:
The jury should find him guilty of murder, and allow Deedy to go through the appeal process.
on August 26,2013 | 03:14PM
false wrote:
It was murder, but not without cause... it'd be what i'd do if i was down and being pounded an enraged stud past midnight showing off. It was stupid, ignorant and a huge bummer all around
on August 26,2013 | 04:04PM
EducatedLocalBoy wrote:
It's easy to see it's not murder when you had a prosecutrix (legal term for a female prosecutor) who did a very poor job in presenting the government's case, and a top notch defense lawyer. Even her closing argument phrase was bad. Instead of saying " a bully with a badge" she should have said something like "a loose cannon bully who broke the federal administrative law by taking his government owned gun to pick a fight against locals when the federal government said he must leave the gun behind."
on August 26,2013 | 05:05PM
WooWoo wrote:
Hanalei, I know you have strong opinions on this, but the case is very difficult. You want proof? Look how long the jury has deliberated. You have to work off of the assumption that the jury is as un-biased. Unless you know something no one else does, it is a fair jury. If it were clearly murder (or if he was clearly not guilty), then this would have been over last week.
on August 26,2013 | 03:15PM
Fred01 wrote:
Nanakuli and hanalei are blinded by racism.
on August 26,2013 | 03:27PM
aomohoa wrote:
They do have strong opinions, but don't we all. I usually don't agree with them but I respect their right to their opinion:)
on August 26,2013 | 04:13PM
Peacenik wrote:
yep, closet racists.
on August 26,2013 | 06:41PM
NanakuliBoss wrote:
Not once did I race bait like peace and fred01, lol.
on August 26,2013 | 10:30PM
hanalei395 wrote:
But this jury can get out of this burden by having another jury to take over.
on August 26,2013 | 03:55PM
false wrote:
GO catch a rail.
on August 26,2013 | 03:58PM
saveparadise wrote:
Kuli, If Deedy meant to kill Elderts he would have kept firing to finish the job. All points are moot until the next trial. Unfortunately I believe the verdict will never be unanimous and there will be another mistrial. Better to get on with the wrongful death lawsuit without the chance of Deedy being found innocent and having a stronger case. Being bankrupt from lawyer fees is terrible place to be.
on August 26,2013 | 05:11PM
HAKUAINA wrote:
exactly, milking deedy's pocket and his families estate is suicidal, he is in a long grind down
on August 26,2013 | 05:43PM
Anonymous wrote:
Dont think they can sue him for wrongful death if he is found to be not guilty since his defense was self defense... Unlike the OJ trial where they couldnt prove he was the guy...
on August 26,2013 | 06:27PM
kelbells34 wrote:
saveparadise.....I think Deedy did keep firing....His gun jammed after the third shot. So, once he got back control of the gun, he prob tried to unload. To Elderts defense, if Deedy did not properly identify himself, Elderts was attempting to unarm a guy with a gun that said he was going to shoot him in the face. To back away from that would be suicidal because he would shoot you in your face.....Civilians trying to unarm a gunman happens, just most people are too afraid.....Yes, Elderts was high and drunk.....And, he thought he could take on a gunman.
on August 27,2013 | 12:04AM
kelbells34 wrote:
That kick that Deedy delivered is known (apparently, only to people who are trained) as a defense tactic. So, possibly, jurors are considering that Elderts didn't know and took that as an assault. Possibly, some jurors don't believe that it was a defense tactic. But, if they don't believe it was a defensive kick...Maybe, they don't believe he PROPERLY identified himself when he flipped open his wallet. I can totally see both sides and I didn't think anybody would see Deedy was guilty for murder. If the prosecution came out that Elderts was trying to unarm Deedy...Then, the gun went off accidently, that would be manslaughter....That is why Deedy HAS TO claim that he INTENDED to kill Elderts. Is this correct? I am really just trying to make sense of it.
on August 26,2013 | 05:47PM
NanakuliBoss wrote:
That defensive kick,lol,is taught to stop an approaching threat. Not to advance to the person and deliver. Also I heard of using a human shield, but using Gutkowski gf ? Lol., it took that long for Elderts to figure that it wasn't the gf that kicked him.
on August 26,2013 | 10:36PM
allie wrote:
He shot Eldetts "on purpose" to stop his assault. Manslaughter and reckless endangerment but not murder as the jury is finding. Hung Jury because they need a manslaughter alternative. Terrible work by a prosecutor over her head.
on August 26,2013 | 10:13AM
Peacenik wrote:
vote for allie, vote for allie.
on August 26,2013 | 06:42PM
NanakuliBoss wrote:
This Jury is HUNG! And I don't mean that in a manly way.
on August 26,2013 | 10:18AM
allie wrote:
yikes!
on August 26,2013 | 10:57AM
aomohoa wrote:
Lighten up!
on August 26,2013 | 04:14PM
Skyler wrote:
'yikes' coming from allie is light.
on August 26,2013 | 06:11PM
aomohoa wrote:
Funny!
on August 26,2013 | 04:14PM
Mypualani wrote:
The initial announcement that the jury was at an impasse came at 3:30 p.m. in court. Defense attorney Brook Hart told the Circuit Judge Karen Ahn that the defense was not ready to accept a hung jury, but Ahn cut him off and called all parties to the bench for a private conference. After about 20 minutes, the judge cleared the courtroom of everyone but the parties to the case. When she reopened the courtroom 10 minutes later, she polled the jury and declared the mistrial. This Judge does not play.
on August 26,2013 | 09:42PM
allie wrote:
Well, the verdict is in and my prediction was, as always, correct.
on August 26,2013 | 04:31PM
saywhatyouthink wrote:
Yup ...You're a legend in your own mind. Go back to the mainland already.
on August 26,2013 | 06:45PM
Shh wrote:
Ohhh give me a break! Mine was too...that you think you know it all and need to go back home.
on August 27,2013 | 08:16AM
kailua000 wrote:
he didnt go with the intent to kill, murder is pre=meditated. all professional law enforcement people shoot to kill, not shoot to give them a boo boo. if it were manslaughter they would have been in and out with a conviction in a day.
on August 26,2013 | 04:41PM
South76 wrote:
You're right; murder in Hawaii statute means there was an intent/plan to kill. He did not have a plan to kill this guy; that is why it took so long for the jury to come up with a verdict and even then they could not agree to convict this guy with murder.... On a different note....has anyone noticed how the media covered this event/trial/story and the one that happened in Florida for days/weeks on end just because the supposed perpetrator is "white" and the victim is of colored. The two events on the mainland recently with both victims are white and the supposed perpetrators are colored were in the news only for a short period of time. Let's see how long the media will cover the trials....
on August 26,2013 | 10:44PM
EducatedLocalBoy wrote:
The fact that Deedy said to Elderts "you're going to get shot" 3 times before shooting Elderts shows premeditation which, along with the fact that Deedy broke his own federal agency's rules when he took his government issued gun with him when he was banned by those rules from taking the gun makes premeditated murder, not manslaughter. However, since Deedy's liability/trial defense insurance policy paid for the cost of hiring his high priced defense lawyer and expert witness team, and that insurance policy probably has a dollar limit oh how much can be spent on defending him, the more interesting issue is whether there is enough money left under Deedy's insurance policy to cover a second trial. If not enough money is left, then Brook Hart & company will drop out and then either Deedy will have to go a second trial with an inferior defense team or cop a plea to a lesser charge.
on August 26,2013 | 04:54PM
HonoluluHawaii wrote:
Thank You Very Much.
on August 26,2013 | 05:22PM
saywhatyouthink wrote:
Only a fool fights with a cop who threatens to shoot you. Eldert's caused his own death when he refused the orders of a federal officer and decided to attack him instead. Any law enforcement officer would have shot him under these circumstances.
on August 26,2013 | 06:49PM
AmbienDaze wrote:
Thank You Very Much.
on August 26,2013 | 07:13PM
localguy wrote:
Not true. A more professional, better trained in self defense techniques, in top physical condition, would have taken Eldert out in a second. Deedy is nothing more than an overpaid "Rent a Cop."
on August 26,2013 | 09:53PM
kelbells34 wrote:
Most importantly, a sober agent...I keep thinking, if this incident happened at noon and Deedy was sober....He probably could have done a better job at defusing the situation. It just seemed as if the situation was defusing and Deedy lit it up. Also, Deedy's statements are conveniently not on camera or witnessed. For example, Deedy properly identifying himself. Not one person heard it. Flashing your badge is not properly identifying yourself......Elderts coming at Deedy before the defensive kick...... Elderts patting his waistband insinuating he was armed (A lot of self-defense clients claim this). Why didn't they get the individuals who drank the 9 shots of hards(Deedy's bar tab) to testify that they drank it? Why did Deedy first tell the ER doc/nurse that he did not consume any alcohol? That makes him out to be a liar. Then, Deedy drank 4...MAYBE more, MAYBE less....come on! You weren't drunk, but you can't remember if it was 3?4?5 beers? I can tell you what I drank this past weekend...And I was drunk. So, you prob know what you drank and just don't want to say. Aren't you trained to observe and remember details? Especially, important details like that?
on August 26,2013 | 11:33PM
lee1957 wrote:
That must be a public school education.
on August 26,2013 | 07:40PM
HonoluluHawaii wrote:
I think I talked to u before. Were u born in 1957 just like I was?
on August 26,2013 | 08:12PM
NanakuliBoss wrote:
Deedy will have to use Public Defenders because he will be broke. Honolulu Public Defenders Office.lol
on August 26,2013 | 10:39PM
imallears wrote:
'banned by those rules from taking the gun' in what way? He was in no way banned from carrying his govt. issued firearm. You're just making things up now...
on August 26,2013 | 11:42PM
Shh wrote:
YEah and with him constantly reaching back to touch his gun seems like it was too. Him just waiting and wanting to use it.
on August 27,2013 | 08:18AM
lee1957 wrote:
Don't be obtuse.
on August 26,2013 | 07:37PM
DAGR81 wrote:
Deedy will now plead guilty to manslaughter...chances are he'll be convicted of murder on retrial.
on August 26,2013 | 03:51PM
aomohoa wrote:
I don't believe Manslaughter was on option.
on August 26,2013 | 04:15PM
coco96734 wrote:
WHY was Manslaughter not an option? This will cost us all a lot of tax dollars to retry this case. The jury was right, cause there was no Fair decision offered. I think we need to hear about why it was not an option, from the judge who makes the ultimate decision.
on August 26,2013 | 04:39PM
HonoluluHawaii wrote:
No not tax dollars, because all government professional workers are on salary and they get paid, whether for example for Trials, whether a prosecutor tries a case or not, prosecutors still get paid. Well i guess if the Jury was sequestered then it would cost taxpayers more. Thank Goodness we are ABLE to try it again, which is GREAT !!! (like Tony the Tiger). If Deedy was found Not Guilty, then he goes Scott free.
on August 26,2013 | 05:27PM
South76 wrote:
A retrial will cost money...the process of getting another set of jurors and time spent arguing for the same event is costing tax money. Instead on arguing on another case these same "professionals" are arguing of what already have been argued about with an outcome of mistrial.....the guy did not murder the other guy. Let's move on, it is unfortunate that someone's life ended but this is just part of weeding out the bad apple from society.
on August 26,2013 | 10:51PM
HonoluluHawaii wrote:
A Civil case does not need all jurors agreeing. It is a matter of law to try a person who enters a plea of not guilty. Otherwise all criminals would go Scott free and soon this world would end in one big Nuclear World War III. I think the system developed by The United States of America has worked well since our founding. Let us continue to give it a try. By the way, who u pick ? USC or UH ?
on August 27,2013 | 12:04AM
BRock wrote:
Obviously he is not guilty of anything at this point in time. I wonder why you have the audacity to call Mr. Deedy stupid.
on August 26,2013 | 04:45PM
Shh wrote:
Probably because a professional and more responsible thing for Deedy to have done was not take his gun with him bar hopping and then risking other people's lives by shooting his gun while intoxicated.
on August 27,2013 | 08:23AM
kelbells34 wrote:
allie...at first I thought it was manslaughter too...But, don't you think by now, if the attorneys and the judge agree there is no evidence of manslaughter...Maybe, it's not manslaughter? I think if Deedy had shot someone else during the scuffle and they died...He could be tried for manslaughter....But, this case, he intended to use deadly force on Elderts. He did not accidently or recklessly kill him (according to Deedy). The question is...should Deedy have intervened in the first place? You can't go around escalating situations and pull your gun out because you have a FAT ego and couldn't walk away before it got to that point. Or basically, can't handle your own because you are only trained to shoot (trigger happy). Virginia should start a Deedy Fund...It will be allocated for LEOs who don't know how to defend themselves/others without the use of a weapon.
on August 26,2013 | 05:24PM
saywhatyouthink wrote:
Why do you expect the law enforcement officer to walk away from the confrontation and not Eldert's? I've never seen a cop walk away from a confrontation with a trouble maker, ever. Eldert's should have done what any sane person would have done, walk away while you still can.
on August 26,2013 | 06:53PM
kelbells34 wrote:
saywhatyouthink...Maybe, you never saw an ON-DUTY cop walk away from a confrontation, but how do you know you NEVER seen an off-duty cop walk away from a confrontation? When you are ON-DUTY, you are equipped and READY to control situations with a drunk/under the influence individual. You have pepper spray, a radio (for calling back up), cuffs, and hopefully, sober. I know of many off-duty officers walking away and calling 911 during intense situations. It is VERY responsible because they were drinking. They did monitor the situation and attempted to intervene after calling 911, BUT they did not have their weapon in the first place. An off-duty officer, who I was clubbing with, did show his gun to me (to show off) and I NEVER partied with him again. APEC had a 0 tolerance (alcohol) request for all of the agents. Prob because all of the agents were on-call 24 hours. If there was a terrorist act /attempt, you can't have your Agents responding intoxicated. Terrorist don't care what time it is...Deedy chose to go against that. I'm sure he was getting paid for every minute here and that is why he thought he was acting as an Agent for APEC. That was NOT responsible for him to go drinking in the first place.
on August 26,2013 | 07:48PM
HonoluluHawaii wrote:
Clubbing? Oh I thought u meant boxing lol.

After u read it a second time, a different point of view sometimes sees words that mean something else.

For example, they're, their, there, all mean different things and especially if u have known people who are trying to use English as a Second Language, u have those difficulties, hence the Public catastrophe that seemed to have place this newspaper seemingly wanting to pinch as much pennies as possible, OR MAYBE THE PROOFREADER GOT FIRED BECAUSE THAT PERSON WAS UNDER THE INFLUENCE !!


on August 26,2013 | 11:26PM
localguy wrote:
saywhatyouthink - What is with this statement, " I've never seen a cop walk away from a confrontation with a trouble maker, ever." Wow, where did you get the experience to be so worldly in police affairs? Give us a break. You have seen only a few small events unless you like to hang around night clubs with low lifes. Would it surprise you officers are trained to take more verbal abuse than you could ever take and not react. They have to, its their job. If the cops you have seen react to a trouble maker then you must have been watching "Rent a Cops" Here is a professional State Trooper in action: https://www.youtube.com/watch?v=fyHMbHHtArE
on August 26,2013 | 10:00PM
kelbells34 wrote:
localguy....I remember that vid...that trooper is rare though....That guy should have gotten arrested. Deedy would have escalated the situation.....The speeding ticket turns into a shooting.
on August 27,2013 | 12:13AM
swagger wrote:
Well said.
on August 26,2013 | 07:39PM
hanabatadayz wrote:
the prosecutor said that there was no evidence to be convicted of manslaughter..so it's murder or no murder
on August 26,2013 | 06:06PM
kelbells34 wrote:
allie...I thought it was manslaughter at first, but if the judge and all of the attorneys DO NOT think there is evidence of manslaughter...Then, maybe....it's not manslaughter! Deedy used deadly force and did not accidently or recklessly kill Elderts. He meant to kill Elderts. If Deedy shot and killed someone else during the scuffle...Then, that might be manslaughter. Or if he pulled out his gun and he said the gun accidently went off when Elderts grabbed at his gun...That might be considered manslaughter. Basically, if he did not intend to kill Elderts. That's why he has to stick to that story. I'm thinking one or more jurors felt that Deedy did not identify himself properly or his "defense tactic" kick was perceived as an assault kick.
on August 26,2013 | 07:24PM
palolo2001 wrote:
Alcohol made him stupid. Sober Deedy would have left Elderts alone.
on August 26,2013 | 08:46PM
joseph007 wrote:
let's hope the jury hangs. we can then have another trial with new judge who understands the law and trial prosecutor who does also. manslaughter must be on the table or else this guy flies home with a smirk on his face and we lose.
on August 26,2013 | 08:36AM
NanakuliBoss wrote:
Sounds good Joseph, then prosecutors can subpoena Deedys training records for specifics.
on August 26,2013 | 10:02AM
Nevadan wrote:
Seems to me the judge is forcing the outcome to swing in one direction. This is a judge?
on August 26,2013 | 11:42AM
Leinanij wrote:
Former prosecutor. May be sympathetic to law enforcement.
on August 26,2013 | 12:18PM
EducatedLocalBoy wrote:
If Judge Ahn was sympathetic to law enforcement she would have favored Deedy. I think she called it straight, and if anything was appalled when Brook Hart played the race card as a defense.
on August 26,2013 | 05:20PM
HonoluluHawaii wrote:
Karen Ahn reported the news for I forgot KGMB, KITV, OR KHON. Which one, anyone knows? Help me Ferd Lewis.
on August 26,2013 | 07:17PM
RichardCory wrote:
The prosecutors ARE law enforcement.
on August 26,2013 | 07:36PM
lee1957 wrote:
Judges always have their hand on the scale of justice.
on August 26,2013 | 07:42PM
allie wrote:
agree
on August 26,2013 | 10:13AM
Nevadan wrote:
Makes most sense. The judge's guideline make absolutely no sense.
on August 26,2013 | 11:30AM
aomohoa wrote:
Beyond a shadow of a doubt is so easy for a defense attorney to create. It really confuses a jury.
on August 26,2013 | 04:17PM
Nevadan wrote:
Seems to me the judge is forcing the outcome to swing in one direction. This is a judge?
on August 26,2013 | 11:39AM
HAJAA1 wrote:
WE lose?? lol Yeah you don't speak for a lot of us on here, trust me.
on August 26,2013 | 12:47PM
shshimizu wrote:
Ahn will be the judge in the new trial, if it comes to that. The prosecution may want to do a plea deal if they feel they cannot win. The weak link here is the prosecutors in ability to prove beyond a reasonable doubt.
on August 26,2013 | 04:45PM
saywhatyouthink wrote:
Which law school did you graduate from Joseph? you didn't ?Oh .... that's what I thought
on August 26,2013 | 06:55PM
kkelli4u wrote:
Enough, wasting tax pay’s money/he should be acquitted, read facts! At this point the jurors are having problems.
on August 26,2013 | 08:38AM
aomohoa wrote:
Where is judge Judy? She could decide in 1/2 hour.
on August 26,2013 | 04:18PM
coco96734 wrote:
for real:)
on August 26,2013 | 04:41PM
EducatedLocalBoy wrote:
Judge would decide it WRONG, she always does. Attorneys are appalled at her constant butchering of the law. The best T.V. judge was the original "People's Court" judge, Gerald Wopner. He was a real judge.
on August 26,2013 | 05:22PM
HonoluluHawaii wrote:
The correct verdict would be guilty because of the aggressive nature of this incident. The incorrect verdict would be acquittal because Deedy did not submit to the alcohol test.
on August 26,2013 | 08:47AM
HonoluluHawaii wrote:
In a way, the decision of the prosecution to waive the manslaughter option was similar to the OJ Simpson trial, in which the prosecution was absolutely convinced that the only option was murder. However, did the prosecution did a good enough job to prove murder in this Deedy case? Apparently the indecision of the jury says something is cloudy.
on August 26,2013 | 08:54AM
pcman wrote:
IRT Honolulu on OJ. The difference between OJ and Deedy trials is that Deedy's will probably be a hung jury, whereas the verdict of the OJ trial was 'not guilty.' As such, OJ could not be retried again for the same crime. However, the prosecution can retry Deedy for manslaughter. If there are more than 2 jurors holding out, the judge has no choice but to declare a mistrial.
on August 26,2013 | 09:08AM
HonoluluHawaii wrote:
Did u watch All In The Family in 1971? One of the episodes was Edith hanging as the lone juror who said the defendant is not guilty. It was also a murder trial. Goes to show that people do not need to be smart to be on a jury. The final resolution of the case was that the defendant was dismissed because the true killer emerged and confessed.
on August 26,2013 | 03:59PM
silvangold wrote:
no, they could have gotten it but THEY didn't. actually it was stated earlier "no one asked him to submit to it"
on August 26,2013 | 12:30PM
kiragirl wrote:
He refused!
on August 26,2013 | 12:45PM
HonoluluHawaii wrote:
The people at HPD did not notify the detective in charge that Deedy refused. So as it goes in all government work, just putting the feet on the desk and smoking weed. By the time the lead detective found out, it was too late to test Chris.
on August 26,2013 | 04:01PM
tiki886 wrote:
This comment has been deleted.
on August 26,2013 | 05:39PM
HonoluluHawaii wrote:
I am a Structural Engineer and we do not ASSUME. When we assume, big mistakes like the concrete column sticking out of the ramp at the HIA happens. Doctors also cannot assume.
on August 26,2013 | 06:52PM
Mypualani wrote:
You can refuse unless there is a warrant to a BAC. or else Deedy's 5th amendment rights kick in and the test will be thrown out.
on August 26,2013 | 08:56PM
frontman wrote:
NOT GUILTY..
on August 26,2013 | 09:42AM
silvangold wrote:
DITTO. NOT GUILTY.
on August 26,2013 | 12:31PM
BigOpu wrote:
When is the point when a decision is made that the jury is hung? Is it up to the jury to throw in the towel?
on August 26,2013 | 09:42AM
NanakuliBoss wrote:
Some of the jurors will see a clean shaven, suit wearing, pale face federal law enforcement with a suave for testimony and citing Training 101 expertise. Others see a drunk out on the town, no submit to alcohol test, lying weasel, with a John Wayne attitude and...........a video that shows the true aggressor. After that video was published, a lot of people were asking for their SupportDD money back.
on August 26,2013 | 10:13AM
Shh wrote:
I agree! After seeing the video, I was convinced that Deedy was the aggressive / punk trouble maker that couldn't m;ind his business and then had to kick Elderts for no reason but for Deedy to try to Bully Edlerts. Little did Deedy know that Elderts was able to hold his own and when Deedy realized he was going to get the sh$t kicked out of him, he shot Elderts to make him stop.
on August 26,2013 | 03:10PM
tiki886 wrote:
This comment has been deleted.
on August 26,2013 | 05:45PM
GONEGOLFIN wrote:
Seems you have the only sane comment on this board tiki.
on August 26,2013 | 06:33PM
RandolphW wrote:
A new trial is clearly in order, and a hung jury would make this happen.
on August 26,2013 | 09:54AM
NanakuliBoss wrote:
With a new trial, Gutkowski cannot retrack his statement like he did with the Grand Jury. A "hostile" witness is a grain short of being a bs liar. Elderts said " Your not the only one with a GUN, I have an AK47, under my cap"!
on August 26,2013 | 10:07AM
allie wrote:
true..but it is hung due to the absurd murder charge. It was manslaughter and reckless endangerment and not murder. Silly prosecutor is an embarrassment.
on August 26,2013 | 10:14AM
NanakuliBoss wrote:
Allie, your truly not in Law School. Does UH have basket weaving 101?
on August 26,2013 | 10:17AM
allie wrote:
Nope..I graduate in December. Hope you are there to congratulate me! I have added a great deal to your life!
on August 26,2013 | 10:58AM
silvangold wrote:
give us a break allie. go home and teach them indians and have them congratulate you. they love you we don't.......oh oh mabye not, das why you here........they don't want you either. oh well go someplace else like the North Pole (vs North Dakota ...haha lol)
on August 26,2013 | 12:35PM
NanakuliBoss wrote:
This is allies' home, cyberspace. Only problem, she'll find wifi in N.D.
on August 26,2013 | 02:51PM
allie wrote:
If I am needed i might send reports from my homeland!
on August 26,2013 | 04:32PM
NanakuliBoss wrote:
December aliie! Then I'll be there with a Makeman lei.
on August 26,2013 | 02:50PM
aomohoa wrote:
I'll believe it at New Years, when we never hear for the Narcissist any longer.
on August 26,2013 | 04:21PM
allie wrote:
cool!
on August 26,2013 | 04:32PM
RetiredWorking wrote:
IRT allie. LOL, you wouldn't think it's cool if you knew what a Ma'ke man's lei was. It's made from the poisonous oleanda flower. Ma'ke man means "Dead man".
on August 26,2013 | 05:03PM
GONEGOLFIN wrote:
Allie, You have kept all of us inspired thru the years. Even the 1st coule years when you went by "Euphrosyne", the you greek goddess and then evolved into your own and held on to your given name. I'll be the first to give you CONGRATS!! I am sure you will be missed along with your comments. Aloha!!
on August 26,2013 | 06:44PM
aomohoa wrote:
With what kind of useless degree? LOL
on August 26,2013 | 04:20PM
Peacenik wrote:
she flunked that too, along with physEd.
on August 26,2013 | 06:47PM
lee1957 wrote:
Someone who posts about retracking a statement should not be mocking someone else's education.
on August 26,2013 | 07:48PM
DAGR81 wrote:
Deedy will now plead guilty to manslaughter because he will be convicted of murder in a retrial.
on August 26,2013 | 04:35PM
2NDC wrote:
I predict a verdict before Thursday. Have fun back in VA in time for the Labor Day weekend Mr. Deedy!
on August 26,2013 | 10:50AM
Mypualani wrote:
I predict Guilty or Hung Jury in this case. Deedy's defense is not only weak but does not rise to the level of self defense where a death has occurred.
on August 26,2013 | 11:26AM
tiki886 wrote:
This comment has been deleted.
on August 26,2013 | 05:57PM
Mypualani wrote:
You are correct tiki886
on August 26,2013 | 06:40PM
Mypualani wrote:
This looking like a hung jury.
on August 26,2013 | 11:29AM
wave1 wrote:
Could someone post what the person Elderts was susposedly picking on at McD's said on the stand? What did he say Elderts was doing or saying?
on August 26,2013 | 11:45AM
kiragirl wrote:
I felt not threatened at all. He didn't bother me. (he was drunk)
on August 26,2013 | 12:47PM
wave1 wrote:
Thanks. I go with guilty 2nd degree M. Thing that bothers me about Deedy, shows or says not one once of remorse. No matter what, he did not need to agitate and then kill Elderts. At least admit you made a mistake and did not have the necessary training to deal with people like Elderts.
on August 26,2013 | 01:25PM
nalogirl wrote:
Agitate Elderts? Just looking at him the wrong way agitated him. So just telling him, like the employee and security guard said, to leave the guy alone, that is agitating Elderts? He had a bad temper and he foolishly attacked Deedy knowing that he had a weapon.
on August 26,2013 | 01:46PM
hanalei395 wrote:
Deedy did agitate Elderts. He came out of nowhere when he went up to Elderts (just sitting at a table waiting for his food), and then asked Elderts ...."Wanna get shot?".
on August 26,2013 | 01:59PM
aomohoa wrote:
I am not sure Elderts was quite that innocent in the outcome, but he didn't deserve to die.
on August 26,2013 | 04:23PM
Shh wrote:
apparently he deserved to die and it scares me to think that anyone else that plans to do what Elderts did should also be shot dead as well.
on August 27,2013 | 08:41AM
GONEGOLFIN wrote:
hanalei, AKA Shane Medeiros.
on August 26,2013 | 06:46PM
AmbienDaze wrote:
hahahahahahahaha. good one! thank you very much.
on August 26,2013 | 07:29PM
saywhatyouthink wrote:
He told him to leave the guy alone first, Eldert's escalated it from there.
on August 26,2013 | 06:59PM
Macoy wrote:
no need to feel remorseful for defending your self
on August 26,2013 | 01:48PM
GorillaSmith wrote:
Are there really people ignorant enough to whine about this being a case of manslaughter? Please take a few minutes off from watching reality TV and read the Hawaii revised stautes' definition of the crime of manslaughter. Charging Deedy with manslaughter makes almost as much sense as charging him with jaywalking: Neither is relevant to the facts of this case.
on August 26,2013 | 11:53AM
HawaiiCheeseBall wrote:
I give the jurors credit for deliberating so long on this case after sitting through a rather lengthy trial. No matter what the outcome I think we should appreciate their service and offer them our aloha and mahalo for the time and effort they are putting in on this case.
on August 26,2013 | 12:12PM
mountainhi wrote:
yo....end it now...so we all can sleep mo beta...guitly now or involuntary manslaughter bumbye..get it done...NOW
on August 26,2013 | 12:36PM
HAJAA1 wrote:
Not Guilty
on August 26,2013 | 12:49PM
aomohoa wrote:
Nice Aloha, Mahalo:)
on August 26,2013 | 04:25PM
pgkemp wrote:
what is there to deliberate?, end it allready............
on August 26,2013 | 12:49PM
Anonymous wrote:
I don't believe that Deedy had a duty to intervene. Elderts was already sitting down and the guy they were harassing wasn't being bothered anymore. MAYBE Deedy had a duty to call 911 if he thought the situation was going to escalate but it doesn't appear to be the case. Were Elderts and Medeiros being punks that night? Absolutely. Was Deedy making "big body"? Absolutely. When Deedy intervened, did Deedy intend to kill Elderts? No. If he intended to kill Elderts, he would have walked up to him and shot him in the head. There are three choices here. Murder, Innocent, or hung jury. Deedy's not guilty of murder, nor is he scott-free innocent. I can see why the jury is having a hard time.
on August 26,2013 | 01:21PM
allie wrote:
yup
on August 26,2013 | 04:33PM
Kealii wrote:
I think you got it dead on!
on August 26,2013 | 04:50PM
Mypualani wrote:
IRT Anonymous: you hit the nail straight on, this is what makes this case so hard.
on August 26,2013 | 06:44PM
saywhatyouthink wrote:
Eldert's forced him to shoot, he caused his own death by thinking he could overcome a cop with a gun.
on August 26,2013 | 07:02PM
Shh wrote:
Eldert's did not force him to shoot. Deedy chose to shoot.
on August 27,2013 | 08:45AM
imallears wrote:
Common sense in respect to this case? Amazed to see it on this site...
on August 27,2013 | 12:00AM
Macoy wrote:
Hung jury. Don't waste money on a retrial. This case would had never went to trial in any other state.
on August 26,2013 | 01:46PM
8082062424 wrote:
both sides met with the judge this morning. they even went as far as to tape up the windows in the judges door with paper so no one could see inside.. both sides has no comment when they l left. some thing is up
on August 26,2013 | 02:06PM
Mypualani wrote:
Well Macoy, this is not any other state....
on August 26,2013 | 09:00PM
imallears wrote:
Shouldn't have gone to trial here, waste of our money. Sad thing is that they're going to waste it all over again next year...
on August 27,2013 | 12:01AM
swagger wrote:
Second degree murder n. a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Deedy said he will shoot Kollin before any physical contact was made three other witness heard the same thing. As Special Agent he is train to kill once he pulls that trigger. I don't think he had the right to use deadly force.
on August 26,2013 | 02:20PM
gobows wrote:
Elderts shouldn't have tried to grab the gun. Back off man! the dude's got a gun!
on August 26,2013 | 02:53PM
HonoluluHawaii wrote:
I guess the verdict is unknown yet because otherwise it would say DEEDY GUILTY !!! Or DEEDY NOT GUILTY !!! And that would be the headline in tomorrow or the next day's paper.
on August 26,2013 | 03:19PM
MKN wrote:
Deadlocked!
on August 26,2013 | 03:32PM
HonoluluHawaii wrote:
Prosecution's fault.
on August 26,2013 | 03:49PM
foliefolie wrote:
Judge's fault, too. She could have instructed the jury to consider manslaughter even if neither the prosecutor or the defense asked for it. The Hawaii Supreme Court has already said previously that this option SHOULD be given to the jurors even if it was not requested by the defense or prosecutor. Otherwise, it is all or nothing. Someone could go scott free even though there was some fault. But with the jury having no option of the lesser charge, it looks like they could not completely come to a decision "beyond a reasonable doubt".
on August 26,2013 | 04:20PM
HonoluluHawaii wrote:
100% right. I would say though that it was a joint (not as in weed) mistake by the Judge and by the Prosecution. Who cares right? Close enough for government work. I wonder if Chris would hug Brook next year, after the second trial.
on August 26,2013 | 05:07PM
HonoluluHawaii wrote:
The law states that we cannot have Double Jeopardy. If a defendant is found NOT GUILTY, the defendant cannot be tried again. At least with a hung jury, there could be another trial (and more advertising dough for HSA lol.)
on August 26,2013 | 05:17PM
aomohoa wrote:
You must have slept through.
on August 26,2013 | 04:27PM
HonoluluHawaii wrote:
Lol I opened this story with the headline reading DEEDY JURY REACHES A VERDICT. Next thing we know, Hawaii News Now shows on USTREAM that there is a hung jury. Honolulu Star-Advertiser how many times have I told u over and over and over and over and over: PLEASE DO NOT JUMP THE GUN !
on August 26,2013 | 05:10PM
PokeStop wrote:
NOT GUILTY! Inside information from a court confidant!
on August 26,2013 | 03:20PM
DAGR81 wrote:
Great Source!!!
on August 26,2013 | 03:47PM
HonoluluHawaii wrote:
Look at the live stream it is a HUNG JURY.
on August 26,2013 | 03:48PM
RetiredWorking wrote:
IRT Poke, now we know your informant was wrong.
on August 26,2013 | 05:07PM
IAmSane wrote:
Well, your court confidant suсks.
on August 26,2013 | 05:23PM
MKN wrote:
I guess we find out in a few minutes. Just as a note, long deliberations tend to favor the defense.
on August 26,2013 | 03:27PM
mountainhi wrote:
Had the prosecutor chose manslaugther instead of 2nd degree murder, this trial would be over!
on August 26,2013 | 03:46PM
HonoluluHawaii wrote:
Of course it is manslaughter, what else?
on August 26,2013 | 03:51PM
false wrote:
That's not an option.
on August 26,2013 | 04:07PM
HonoluluHawaii wrote:
Which is why it was hung.
on August 26,2013 | 05:14PM
false wrote:
That's their bad eh? The jury just might bail them out. Futa wants that real bad.
on August 26,2013 | 04:07PM
kainalu wrote:
HUNG JURY!
on August 26,2013 | 03:35PM
hapaguy wrote:
Thank God it isn't Not Guilty. Hung Jury is the best outcome all things considered......Try him again!
on August 26,2013 | 03:41PM
xxNOTxx wrote:
I agree, considering Futa handled the case---might have had a guilty verdit if we had a real prosecutor at the helm.
on August 26,2013 | 03:58PM
Ldub20_Owl316 wrote:
Thank God you aren't a juror. This is manslaughter at best. I wouldn't have a problem if the court convicted Deedy of manslaughter if that's available should they retry him.
on August 26,2013 | 04:00PM
Peacenik wrote:
Why don't you take up a collection from your silly broken record parrots and leave my tax money alone for a stupid retrial.
on August 26,2013 | 06:53PM
RetiredWorking wrote:
IRT Peace, lick your wounds.. You really thought Deedy would walk. You can think it again in the retrial. I'm enjoying this. Deedy's taken a licking and is coming back for another expensive spanking.
on August 26,2013 | 08:22PM
Mypualani wrote:
@ RetiredWorking : Now I am just wondering what the jury poll was. # guilty or # not guilty. Hart has to go in and find out what the numbers are and if the majority is for not guilty he can ask the judge to dismiss. I doubt that she will, judging by her actions in this trial today.
on August 26,2013 | 09:05PM
Peacenik wrote:
with your tax money too, fuel.
on August 26,2013 | 10:31PM
loquaciousone wrote:
Okay Next Twelve!
on August 26,2013 | 03:40PM
Peacenik wrote:
Haven't wasted enough time and money on this ridiculous trial? Nobody is saying that Deedy going out drinking and carrying a gun was smart, but he did not purposely shoot Eldert except for the fact he was scared for his and his friend's life. Elderts and Medeiros were race baiters looking for an excuse to pound Perrine. Just look at the news here and on the mainland, and you'll see these types abound. Deedy should be commended for stepping in, not villanized. He saw what any clear thinking upright citizen would see. People here are making it a Local vs. a Mainland White cop. They, like Futa must be from Lala Land to actually believe E&M were 'good ole boys, drinking whiskey and rye' and had no evil intentions.
on August 26,2013 | 04:18PM
NanakuliBoss wrote:
Peacenik,race baiters?lol, Perrine sat down and all parties waited for their burgers. Till John Wayne stepped in. "Hey Pilgram, you need help these savages"?
on August 26,2013 | 05:16PM
HonoluluHawaii wrote:
Lol
on August 26,2013 | 05:14PM
Hahaione2000 wrote:
hey, brilliant news article reporter--not-- so what's the bottom line? besides copying and pasting the same paragraphs twice, what's the essence of the hung jury?!
on August 26,2013 | 03:44PM
HonoluluHawaii wrote:
Blame it all on The information SuperHighway. Just 20 years ago we needed to watch the local television news to find out. Now we know in an instant. Trouble with that is that sometimes the dammmn journalists at HSA want to inject their own opinion into the facts, so HSA headlined DEEDY JURY REACHES A VERDICT. Come to find out on the USTREAM from HawaiiNewsNow, it was a HUNGJURY at about 3:45PM.
on August 26,2013 | 06:09PM
AuntyM wrote:
Come on.... Elderts was a trouble maker for years and had no respect for authority ! NOT GUILTY FOR DEEDY !!! Unfortunately Deedy was in the wrong place at the wrong time.. if a local guy shot Elderts we wouldn't have wasted so much of everybody's money on this trial......
on August 26,2013 | 03:53PM
xxNOTxx wrote:
You & Deedy are both lucky that i wasn't a juror----l'm a very fair person and from the evidence (video & Byrd's unbiased testimony when he heard Deedy tell Elderts "I'm going to shoot you in the face".) that i saw, Deedy was definitely guilty of 2nd degree murder.
on August 26,2013 | 04:20PM
Peacenik wrote:
your camp keeping saying words don't hurt...yet you guys get so hung up on this. you saying you're fair is a big beeleeping joke.
on August 26,2013 | 04:37PM
entrkn wrote:
Couldn't agree more. Hawaii was using that old double standard that it so loves to fall back on. Deedy is a Secret Service Agent, a law enforcement officer on assignment, he identified himself and told Elderts that he was armed and Elderts attacked anyway, and Deedy shot Elderts in self defense... and did a good service for all the people Elderts had hurt in the past and would have hurt in the future. Lets give Agent Deedy a key to the city.
on August 26,2013 | 04:23PM
NanakuliBoss wrote:
Let's do it again. Hehe. Somebody took a dump in his suit today. Sweet sour success. SupportDDNOT.com
on August 26,2013 | 05:19PM
allie wrote:
elderts was, as even his parents say, a real troublemaker and embarrassment. But I still say he should nto have been killed
on August 26,2013 | 04:33PM
HonoluluHawaii wrote:
Do not worry allie u can follow the next trial online from North Dakota.
on August 26,2013 | 04:51PM
Peacenik wrote:
or a one inch areticle in the 911 section of SA of local beating up a lone marine.
on August 26,2013 | 04:34PM
luckyman wrote:
Who is the racist now? Remember, Deedy is not off the hook. Hart is disappointed in the mistrial. This is not over yet. Maybe if the prosecutor's office leaves their third string prosecutor home. They might have a chance. Makes you wonder why. This is one of the most high profile case in many years, and it seems to be taken so lightly. Keith K is no where to be seen or heard. ....Interesting
on August 26,2013 | 05:46PM
Leinanij wrote:
My thoughts exactly. If Peter Carlisle was in office, he would have prosecuted it himself and got the guilty verdict. Keith doesn't seem capable of keeping good, seasoned prosecutors, which is why the third or fourth string was in. And he was too scared to lose it himself because people would know what a bad prosecutor he is.
on August 26,2013 | 06:24PM
Peacenik wrote:
if you don't have materials to build a house, it doesn't matter how good a carpenter you are, a house cannot be built no matter how hard you wish.
on August 26,2013 | 06:57PM
RetiredWorking wrote:
IRT Peace, same analogy worked for Deedy. He hired the very best carpenters his $$ could buy, but no house. I don't think he can afford to rehire the same carpenters. Maybe he qualifies for Public Defender after taking this financial licking.
on August 26,2013 | 08:26PM
Mypualani wrote:
Yes in DEEDY...
on August 26,2013 | 09:08PM
Peacenik wrote:
So you guys are happy that your tax money is going to defend a guy who has time and time again shows no respect for the law? I sure as hell don't want this. If he was a law abiding citizen, i probably wouldn't mind, but those who think he was only being friendly with Perrine are in denial. What was his purpose in address Perrine as Ha_le? If you're in the mainland and a couple drunk drug induced Locals, started referring to your race, what would you think (honestly)? Deedy as a trained police needed to be aware if there was potential violence to erupt and heard words to,"are you being racists" "can't you leave me alone?" I think that cause for concern wouldn't you? Sec. guard also said Elderts slapped the sanitizer, to show that he was a tough braddah, meaning to say, 'what you going do about it?'. Also she said he was giving creepy smiles, not sure if to her or to Perrine. Medeiros then started getting upset, cause Perrine wasn't smiling at their antics and was going do what they obviously intended to do, which is to punch out a lone person. Yeah, real Ikaika, them guys.
on August 26,2013 | 10:51PM
DownSpout wrote:
Nobody should be surprised. After all, how can you choose between black and white in a case with such a huge gray area? Gotta feel a little sorry for the jurors who were put in such a no-win predicament.
on August 26,2013 | 04:01PM
Hapa_Haole_Boy wrote:
What a COMPLETE waste of TAXPAYER MONEY. A hung jury should be an acquital. If he's NOT found guilty, then he's NOT GUILTY.
on August 26,2013 | 04:04PM
Mypualani wrote:
AAAAWWWWWW Hapa_Boy, a hung jury is not an acquittal it is a hung jury.
on August 26,2013 | 09:10PM
NanakuliBoss wrote:
Yup,hung jury. Let's do it in 2014.
on August 26,2013 | 04:08PM
HonoluluHawaii wrote:
2013 bad luck.
on August 26,2013 | 05:13PM
Peacenik wrote:
you paying for it, big shot?
on August 26,2013 | 06:58PM
NanakuliBoss wrote:
Let me check my calendar.
on August 26,2013 | 04:08PM
aomohoa wrote:
The outcome is no surprise with the deliberation taking so long.
on August 26,2013 | 04:11PM
allie wrote:
agree..I predicted this long ago
on August 26,2013 | 04:34PM
Kailuaraised wrote:
Hung jury. Stupid cause I bet Hart will get the next trial dismissed due to influence.
on August 26,2013 | 04:13PM
RetiredWorking wrote:
IRT Kailua, let6's hope Deedy can afford Brook Hart again.
on August 26,2013 | 05:11PM
NanakuliBoss wrote:
I'll let the Courts know, I'm available for the next DD trial. I'll just say " I know Nothing"!!!
on August 26,2013 | 04:13PM
Peacenik wrote:
yep, i'll back you up on dat.
on August 26,2013 | 04:20PM
Kailuaraised wrote:
It's going to be really difficult to try him again because of how high profile the case is. Deedy walked free just now. I would bet my life savings he'll never see the inside of a jail after this.
on August 26,2013 | 04:21PM
NanakuliBoss wrote:
Wishful thinking kailuaraz and peace. He will be tried again! Your prediction of Not Guilty never came to past. A retrial will get DD in the slammer. Even if this case is tried in California, they would convict DD.
on August 26,2013 | 05:24PM
RetiredWorking wrote:
IRT Kailua, I wouldn't bet my life savings, only $20. That's how much Deedy's freedom means to me.
on August 26,2013 | 08:31PM
Kailuaraised wrote:
California wouldn't even bring a case like this to trial.
on August 27,2013 | 01:14AM
luckyman wrote:
I have ten dollars to cover your bet!!! LOL
on August 26,2013 | 05:50PM
RetiredWorking wrote:
I wouldn't bet, even on a sure thing. I have $20 saying Deedy did NOT walk free just now.
on August 26,2013 | 08:30PM
Anonymous wrote:
NanakuliBoss, You saying you know nothing would be the truth.
on August 26,2013 | 04:23PM
hanabatadayz wrote:
best comment of the day..lol
on August 26,2013 | 05:33PM
ekolu33333 wrote:
God bless the Elderts Ohana, what a blatant disregard for human life.
on August 26,2013 | 04:24PM
hanabatadayz wrote:
he caused his own death..he could've walked away..but he chose the wrong path
on August 26,2013 | 05:33PM
luckyman wrote:
worst comment of the day... lol
on August 26,2013 | 06:17PM
hanabatadayz wrote:
i'm right though lol
on August 26,2013 | 06:32PM
saywhatyouthink wrote:
The truth hurts sometimes
on August 26,2013 | 07:04PM
hanabatadayz wrote:
message to all you mokes out their..noackup..there's always gonna be someone that can take you out..bumbai u learn
on August 26,2013 | 04:28PM
allie wrote:
Elderts was a white. But this will be retired. Just hope they use a different prosecutor..she was an inept excuse
on August 26,2013 | 04:35PM
hanabatadayz wrote:
no..elderts was a moke..a punk..a druggie..a loser..he was hapa..part white..and he was part hawaiian maybe?..not considered white in hawaii hon
on August 26,2013 | 05:28PM
saywhatyouthink wrote:
Don't try to explain local ways to Allie, she's about as dumb as they come.
on August 26,2013 | 07:06PM
Shh wrote:
Agree! She thinks she knows what everyone is because that is her expertise as well as being a racist!
on August 28,2013 | 08:38AM
312guy wrote:
i would have the trial moved to another state, with all the comments made here. Nanakuliboss your anger will cause you to be sleepless in Nanakuli. The Jury did their best my hat off to them! to insinuate that one or more are not educated enough to make a decision of guilty is just ignorant.
on August 26,2013 | 04:36PM
KammyKam wrote:
He's from Nanakuli. What you expect?
on August 26,2013 | 04:43PM
Kailuaraised wrote:
The comments on here are the exact reason Deedy will walk. Too much influence from the media.
on August 26,2013 | 04:45PM
NanakuliBoss wrote:
312guy oh, okay, you have it moved to another state. Me I'll wait and sleep good knowing that DD will leave these island, to wait for another nerve racking trial. Good luck.
on August 26,2013 | 05:28PM
hanabatadayz wrote:
i don't think nanakuli is educated enough to make that decision..how do you charge someone with murder when elderts knew that deedy had a gun but he still wanted to fight..what a lolo
on August 26,2013 | 05:30PM
saywhatyouthink wrote:
Exactly right .... only a fool fights with an armed law enforcement officer. 9 out 10 times you'll get shot.
on August 26,2013 | 07:08PM
Mypualani wrote:
@hanabata: how do you sit there and state what Elderts knew? if that were the case as you put it. Why has this gone to court? why was the jury hung? why is there going to be another trial? yeah....talk about lolo.
on August 26,2013 | 09:16PM
NanakuliBoss wrote:
Thanks for hating me. I know I make an impact with the truth about DDs case.
on August 26,2013 | 10:51PM
312guy wrote:
nana i dont hate you, hate is such a strong word. i can say i disagree with you. i had a gun pulled on me by my best friend while he was under the influence, i wa sober guess what i did? I walk away to fight another day.
on August 26,2013 | 11:24PM
888yaya wrote:
sad. really sad.
on August 26,2013 | 04:40PM
888yaya wrote:
that's not right, that gives other people the right to kill others and to get away with it. In this case, others in prison should get away with it too. release them at once.
on August 26,2013 | 04:42PM
hanabatadayz wrote:
does it give right for people to bully other people?..the bully is no longer a bully now cuz of his own actions
on August 26,2013 | 06:41PM
redassbaboon wrote:
Not Guilty !!!!!!!
on August 26,2013 | 04:43PM
Mypualani wrote:
GUILTY!!!!!!!
on August 26,2013 | 09:16PM
Hilofrank wrote:
I blame McDonalds. Does it really need to be open at that time of the morning? If all the 24/7 places closed at a reasonable time, then these types of people wouldn't find each other in the wrong place at the wrong time.
on August 26,2013 | 04:44PM
HonoluluHawaii wrote:
Actually on the other hand it could be commendable for McDonald's to be open 24 hours in a highly dangerous district of Waikiki. McDonald's could be doing a public service while open 24 hours to round up some of these hooligans. HPD has warned people time and again that one does not want to Walk The Streets of Waikiki, which I volunteer is much more dangerous than Hotel Street, even though high end stores line Kalakaua Avenue.
on August 26,2013 | 04:56PM
IAmSane wrote:
"one does not want to Walk The Streets of Waikiki, which I volunteer is much more dangerous than Hotel Street"

This has been, in my experience not the case. Hotel Street is iceheads and the homeless, Waikiki is a lot of drunk clubbers or barhoppers who leave you alone if you mind your own business.
on August 26,2013 | 05:16PM
HonoluluHawaii wrote:
Deedy and gang roamed Hotel Street and I gue
on August 26,2013 | 05:32PM
HonoluluHawaii wrote:
Lol my finger pressed the submit button in haste. Continuing on .... I guess The gang did not find trouble on Hotel Street, so they went on to Waikiki. It was just plain dumb bad luck that two immovable objects met at a certain place and time and they collided. Like the comet that destroyed our Dinosaurs, which led to the emergence of mammals, including rats, cats, dogs, cattle, gorillas, dolphins, monkeys, chimps and finally Human Beings.
on August 26,2013 | 05:37PM
Grimbold wrote:
Ungodly time to be open .
on August 26,2013 | 04:57PM
saywhatyouthink wrote:
The old folks are in bed by 9pm right?
on August 26,2013 | 07:10PM
saywhatyouthink wrote:
Frank, I'm sure that's exactly what Eldert's family will say when they go after the deep pocket and sue.
on August 26,2013 | 07:09PM
Anonymous wrote:
IRT Hilo.....frank, we KNOW Hilo closes up at night. Waikiki is the district that NEVER sleeps.
on August 26,2013 | 07:15PM
Publicbraddah wrote:
The only thing McDonald's is guilty of is serving food that promotes obesity in our island state. You don't have to look far for fat people in the aina.
on August 26,2013 | 07:52PM
Reade1 wrote:
He was trained to be a professional killer. In his training he learned to make judgements with no alcohol in his system. I believe he would have walked way if he was not drinking. I have friends who are retired undercover police officers who always secure their weapons in the trunk of the car when off duty. Now the training program for professional killers by the government should include the cadet to be under the influence of drugs and alcohol and see if they past the test under intimidation. If it was me or you and the same incident happened in Mc Donald's they would threw away the key for life.
on August 26,2013 | 04:47PM
HonoluluHawaii wrote:
Nice comment dude.
on August 26,2013 | 04:58PM
Leinanij wrote:
Agreed.
on August 26,2013 | 06:28PM
saywhatyouthink wrote:
I've never seen a cop walk away from a confrontation with a suspect, have you?
on August 26,2013 | 07:11PM
Mypualani wrote:
Yeah especially when they are drunk, and wearing flip flops and khaki shorts. yeah I see it all the time. One question what law was Deedy enforcing if as you say Elderts was a suspect.
on August 26,2013 | 09:19PM
Kailuaraised wrote:
Does anyone honestly think he'll get convicted now? There is no way another trial would work due to the influence the press has had and the amount of information that's out. There were no procedural errors. I bet Hart gains a dismissal in a few days.
on August 26,2013 | 04:48PM
Kailuaraised wrote:
Dismissed in a few days. I guarantee it.
on August 26,2013 | 04:48PM
RetiredWorking wrote:
IRT Kailua, can they dismiss a mistrial? Not doubting you. I'd just like to know.
on August 26,2013 | 05:14PM
xxNOTxx wrote:
The defense will find out how each juror voted and if the majority voted "not guilty". If it turns out that a vote of 10-2 or 11-1 in favor of not guilty, then the defense can request the judge to have the case dismissed based on case law. If the judge sides with the defense with their request, then the judge can dismiss the case.
on August 26,2013 | 05:30PM
saywhatyouthink wrote:
I'd like to know how the jury voted. I bet there's 1 or 2 hold outs at most that will force a retrial of a case that should never have been prosecuted in the first place.
on August 26,2013 | 07:14PM
Mypualani wrote:
if the judge sides with the defense, but what if the jury is split down the middle?
on August 26,2013 | 09:22PM
NanakuliBoss wrote:
Raz guaranteed Not Guilty? Oh,okay.
on August 26,2013 | 05:30PM
Peacenik wrote:
NanakuliBoss wrote, " I know Nothing"!!! Truer words were never spoken.
on August 26,2013 | 07:04PM
NanakuliBoss wrote:
I know something.
on August 26,2013 | 10:55PM
Mypualani wrote:
Yeah you also said Not Guilty.
on August 26,2013 | 09:21PM
Kailuaraised wrote:
And you also said guilty.
on August 27,2013 | 01:15AM
HonoluluHawaii wrote:
This is u guys fault for saying in the headline that a verdict was reached. What lousy journalism!!!!!!!!!
on August 26,2013 | 04:50PM
syhud wrote:
By reading all of these comments looks likes the 'Holiday Inn' was booked solid last night! HAHAHA!
on August 26,2013 | 04:57PM
HonoluluHawaii wrote:
Lol try The Best Western Plaza Hotel at Honolulu International Airport.
on August 26,2013 | 05:01PM
wahine wrote:
Total BS, Kangaroo court, call it what you want... The whole trial was setup from the beginning to be thrown out. In the end being a waste of time and $. The SAD truth is that law enforcement (federal or state) are above the law and can LITERALLY get away with murder. :(
on August 26,2013 | 04:59PM
luckyman wrote:
worst comment of the day...lol
on August 26,2013 | 06:05PM
luckyman wrote:
Why is my comment here. It wasn't meant for wahine. Sorry about that.
on August 26,2013 | 06:15PM
888yaya wrote:
agreed. best comment of the day.
on August 26,2013 | 10:03PM
Grimbold wrote:
What bothers me the most is the huge bill to the taxpayer this inept prosecutor caused. Whole darn thing repeats again next year.
on August 26,2013 | 05:00PM
HonoluluHawaii wrote:
Not really, the prosecutor gets paid a salary.
on August 26,2013 | 05:02PM
Anonymous wrote:
IRT Grimbold, the prosecutor caused this? How you figure? Because Deedy did not get acquitted? Blame Deedy's attorneys for losing. JMO, a retrial or a guilty verdict is a loss for Deedy. The accused is the one stuck with this trial's huge bill.....and the next trial. LOL, he'll be so broke he won't be able to afford Brook Hart and the other high-powered attorneys for Round 2. Dad might've had to refinance his home to pay for this trial. Now he'll have to sell the house to pay for the retrial.
on August 26,2013 | 06:49PM
Anonymous wrote:
It was a stupid decision to not allow the jury to have manslaughter as a choice. Could have predicted this outcome long ago. Now the chances of him of ever being convicted of anything is slim. The next trial will be next May or June? More time for witnesses' memories to dim and more discrepancies in their stories.
on August 26,2013 | 05:03PM
bigbud808 wrote:
i still contend alcohol and firearm is not in the manual.
on August 26,2013 | 05:19PM
luckyman wrote:
Why is my comment here. I wasn't meant for wahine. Sorry about it.
on August 26,2013 | 06:13PM
Manoa_Hawaiian wrote:
The defense did not want a mistrial, as it is advantageous to the prosecution. The rposecution now know the defense strategy, and they can adjust theirs. They can also go for a manslaughter conviction as a fall-back in a retrial. Deedy iis dead-meat, and the best he can do is to try make a deal with the prosecution.
on August 26,2013 | 05:30PM
xxNOTxx wrote:
What really stumps me is that everybody believes that manslaughter should have been given to the jury as an option and that the new trial should either be manslaughter or include manslaughter, BUT Futa stated in the article above "without new evidence, there is nothing to support pursuing a manslaughter charge for the retrial". It seems that most likely the City will retry it again as a Murder 2-----can't understand it.
on August 26,2013 | 06:29PM
CriticalReader wrote:
Bail should be increased SIGNIFICANTLY and Deedy's passport confiscated, The clear signal to Deedy is that it was POSSIBLE for a Hawaii jury to find him guilty of second degree murder this time, and the chances go up signifcantly in a second trial. That means life in prison in Halawa. As we know from Snowden, Hong Kong and Russia seem to enjoy harboring US criminals. Iceland might be a good fit, Ecuador is warm, and France kept Polanski.
on August 26,2013 | 06:51PM
HonoluluHawaii wrote:
Iceland, Ecuador and France. All synonyms for Hawaii. Halawa mo Bettah.
on August 26,2013 | 07:12PM
888yaya wrote:
well said.
on August 26,2013 | 10:07PM
888yaya wrote:
wee said.
on August 26,2013 | 10:06PM
Fred01 wrote:
Does double-jeopardy preclude a charge of manslaughter in part II? Anyone know?
on August 26,2013 | 06:00PM
Mana07 wrote:
No fair trial in Hawaii. Any juror who could not agree that this was NOT murder does not understand what it takes to make it murder or is simply biased against Deedy.
on August 26,2013 | 06:18PM
Mana07 wrote:
Get drunk, get high, pick fights, bully tourist, fight with federal agent try to TAKE his gun away get shot and the agent is a murderer?come on people! You are biased against the (can't type the H word or SA will send for approval).
on August 26,2013 | 06:22PM
hanabatadayz wrote:
exactly..people on this forum only see that he got killed..they don't see what led up to the fight..the bully chose to fight someone with a gun..he thought he was superman..now he's supergone
on August 26,2013 | 06:36PM
AmbienDaze wrote:
when you are coked up, you do feel like superman.
on August 26,2013 | 07:52PM
saywhatyouthink wrote:
common sense you would think but there really are a lot of locals who think he should go to jail because the color of his skin and where he comes from.
on August 26,2013 | 07:17PM
Mypualani wrote:
Well that is your opinion and you are entitled to it just as I am to mine, biased or not, Deedy was wrong to go drinking with his concealed weapon, he looked drunk to me in the video and the picture, what was going on when he approached Elderts? the way I see it is Deedy and his little friend started the fight that ended in someone loosing their life. he is was wrong in this too. But for him to think that he is exempt from any wrong because he is a federal security agent is what is offensive. as per your post you seem biased yourself.
on August 26,2013 | 09:34PM
312guy wrote:
he looked like he got lickings his nose all pushed to one side
on August 26,2013 | 11:33PM
Shh wrote:
I agree! I find it offensive that he is going to walk away from this and continue to think that he can do this again anywhere he is assigned next. That's just sick!
on August 28,2013 | 08:41AM
natey123 wrote:
Yay! Congratulations, Deedy and thank you for taking another punk off the streets.
on August 26,2013 | 06:44PM
RetiredWorking wrote:
IRT natey, are you sane? Deedy did not win this trial. Have you read this article?
on August 26,2013 | 08:33PM
Ldub20_Owl316 wrote:
Elderts deserved to die only if he was a blatantly hypocritical, inconsiderate, condescending, stuck-up egotist.
on August 26,2013 | 07:00PM
entrkn wrote:
Which he was, in spades.
on August 26,2013 | 07:38PM
Mythman wrote:
Impossible due to local racism to get a fair trial for a white, federal agent. period.
on August 26,2013 | 07:24PM
entrkn wrote:
Acquit or risk consequences no one wants.
on August 26,2013 | 07:39PM
RetiredWorking wrote:
IRT entrkn, what consequences? Less Mainland people moving to Hawaii?
on August 26,2013 | 08:35PM
Mypualani wrote:
I could live with that! in fact I would welcome that with open arms.
on August 26,2013 | 09:37PM
888yaya wrote:
haha!
on August 26,2013 | 10:09PM
Peacenik wrote:
your brown sheets fit you so well. no forget cut holes for eyes.
on August 26,2013 | 11:00PM
Mypualani wrote:
Really! The jury consisted of 7-8 Caucasians the rest "looked Asian" I for one thought he should go to jail for the taking of someone's life. He claimed self defense I just did not see self-defense, when Deedy walked up to Elderts Deedy knew he was armed. So why go over to a guy already sitting down and threaten to shoot him? if Deedy was so concerned over Perrine why didn't he check on him to see if he was okay? Deedy thought he was over in one of those countries where brown people don't matter, as for his friend Gutowski he started the fight and Deedy kicked Elderts, Elderts Slapped Deedy's face real HARD and Deedy landed on the ground. These two exaggerated the so called assault that they both started, Deedy's claim of protecting people then firing his gun in a crowded place is BS, Hung Jury. This means that Hart didn't win this case.
on August 26,2013 | 08:00PM
Shh wrote:
Yeah he was all about protecting the people in that place that he fired his gun in there putting everyone in harms way. The pullets could of accidentally shot someone else in there killing more than just one person. If you ask me he was reckless!
on August 28,2013 | 08:47AM
rhusic wrote:
The verdict was unanimous. Deely, was stupid and so was the jury.
on August 26,2013 | 07:45PM
hanabatadayz wrote:
the jury was right..don't call the jury stupid if you've never been on one before..this was not an easy case..the prosecutor couldn't prove it's case
on August 26,2013 | 08:54PM
rhusic wrote:
So I guess that means he is not guilty.
on August 27,2013 | 03:35PM
Publicbraddah wrote:
In the end, I think the jury voted on conscience. There was no solid evidence to support a 2nd degree murder charge and beyond a reasonable doubt was definitely in play. But I don't think acquittal was possible because the jury knew Deedy could not walk away unscathed on this one. I think the jury called it right. Whatever the result of the upcoming manslaughter charge, there are no winners on this one. One lost his life and the future of Deedy doesn't look good. All this because 2 guys pumped up with alcohol and drugs (in Elderts case) tried playing macho men. A totally avoidable case. Maybe guys like Medeiros will think 2 or 3 times before it happens to him. Life is too precious to lose it via stupidity. Engage your brain!
on August 26,2013 | 07:48PM
MamaKin wrote:
Amen.
on August 26,2013 | 08:10PM
DA_HANDSOME_CHINAMAN wrote:
You say not murder, if you followed from the beginning and what he had said that "Don't worry, I'll be carrying my gun." You don't think that he thought about killing a local boy, because his friend said "Local boys don't like haoli's." And as for not enough evidence, how about the people there and the video. What da heck are they doing? He is guilty, but I bet you ten to one that Deedy gets away with murder. Look at the evidence and everything that you read daily of the trial. Deedy started the fight and Eldert's was just waiting for his food. Deedy brought a gun and wasn't afraid to use it. How can you say he was protecting himself? Eldert's didn't have a weapon. Edlert's was 23 years old and Deedy is a trained agent in martial arts and an expert with his pistol. So what does Eldert;s have to protect himself. Come on guys, wake up!
on August 26,2013 | 08:14PM
RetiredWorking wrote:
IRT DA_, Deedy was overmatched in street fighting. I'm guessing he didn't train too hard or learn much in the dojo. Blame Deedy and Elderts. Both were idiots that night. Deedy knew he was about to get a licking. I don't think Deedy ever got into a fist fight or boxing/full-contact martial arts match before. Deedy panicked and killed Elderts.
on August 26,2013 | 08:42PM
NanakuliBoss wrote:
Yep,DD is a panty when it's hand to hand.
on August 26,2013 | 11:01PM
dadadidi wrote:
To all the Post Mortem Naysayers, Prosecutors confer with victims' families on critical milestones in trials involving serious felonies. In this case, the victim's family probably played a major part in deciding to forgo a lesser included charge. Kudos to the prosecutor for keeping a stiff upper lip as members of the defense bar cast stones and plied the media for new clients.
on August 26,2013 | 08:38PM
awahana wrote:
No matter the outcome, Elderts lost. He is dead.
Past history of arrest, and a lifestyle of trouble, ends tragically.
Doesn't matter if local boy, or not, San Diego (Cravens trial) or Honolulu, the end result is wasted youth.
When you see your family member constantly getting involved in trouble, you need to intervene. Its your family, its your responsibility. You are burdening the authorities, the judicial system, and society as a whole. All of this was not necessary.
on August 26,2013 | 09:04PM
Peacenik wrote:
That's right. Guys like Elderts cause tax-payers tons of money, where we have to have more police to tend to these trouble-makers. Then they end up in jail and we have to pay for their room and board. These families blame the judicial system, not themselves for not taking responsibility to raise their children right, and defend them, saying 'not my little angels, they're fun-loving jokesters and make everybody laugh' (except for the victims they enjoy punching out).
on August 26,2013 | 11:11PM
Popeye wrote:
Well said, I'm sure his (Elderts) family have many regrets. They should of intervened probably years ago. His shenanigans involving alcohol and drug abuse and hot temper are no longer funny. Now they have a lifetime of heartbreak to live with the loss of a son, family member or friend. Very Sad Times!
on August 26,2013 | 11:54PM
Surfer_Dude wrote:
Next trial, use the District Attorney's A team. Not the bench.
on August 26,2013 | 09:44PM
Skyler wrote:
Well we all saw that one coming.
on August 26,2013 | 09:50PM
localguy wrote:
Doesn't mean he is innocent of any crime. Prosecution team totally blew their case against Deedy. Might be time to tell them to find a new career. This incident will follow Deedy to the end of his life, he is damaged goods, people will always wonder if he is guilty, can he be trusted. Any future chance of a normal life is gone, he created this mess, now let him sleep in it.
on August 26,2013 | 09:51PM
Tarball wrote:
It's so obvious that Deedy should be acquitted! The jury . . . . . . a bunch of spineless jellyfish!
on August 26,2013 | 10:40PM
lopekana wrote:
Manslaughter The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection. Get with it Futa...
on August 26,2013 | 11:06PM
Anonymous wrote:
Someone said elsewhere in this long Forum that when there is a death, a court order can be obtained to get the Blood Alcohol Content.
on August 27,2013 | 12:41AM
Anonymous wrote:
10-4
on August 27,2013 | 05:08AM
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