Final arguments scheduled for Tuesday in Deedy trial

The jurors in the Christopher Deedy murder retrial are scheduled to return to court Tuesday to hear instructions on the law and closing arguments.

Circuit Judge Karen Ahn sent them home for the weekend after they heard from the trial’s final witness Thursday. She had earlier told them that they can expect to get the case Friday.

But after a brief discussion with the opposing lawyers, she said there won’t be enough time Friday for all the sides to agree on the wording of the instructions, for her to read the instructions to them and for the lawyers to make their closing arguments.

Defense lawyer Thomas Otake told Ahn she should give both sides one hour each to make their closing arguments.

Deputy Prosecutor Jan Futa said she needs an hour and a half.

Ahn was noncommittal and told the lawyers the amount of time she gives them for their closing arguments will depend on "how many ‘lessers’ I’ll have to include" in the instructions. She is scheduled to meet with them Friday afternoon to hammer out the instructions’ wording, including whether to give the jurors the option to consider manslaughter or any other lesser crimes.

Deedy, 30, is on trial for murder and for using a firearm to commit the murder.

He testified that he intentionally shot and killed 23-year-old Kollin Elderts in a Waikiki McDonald’s restaurant in November 2011, after he had identified himself as a law enforcement officer, to protect himself and his friend Adam Gutowski from further assault at the hands of Elderts and his friend Shane Medeiros.

The state claims Deedy did not identify himself as a law enforcement officer and was drunk.

Deedy, a U.S. State Department special agent, was assigned to the Washington, D.C., field office but was in Honolulu to provide security for the 2011 Asia-Pacific Economic Cooperation meeting.

This is his second trial for murder because the first one last year ended with a hung jury.

The last defense witness Thursday was retired Honolulu police Lt. Wayne Fernandez, who testified about Elderts’ May 2008 arrest and subsequent conviction for disorderly conduct. His brief testimony was limited to answering "yes" to questions that Ahn had drafted to prevent either side from asking details and making characterizations about the incident, which she had excluded from the last trial.

Fernandez confirmed that he went to the parking lot of a Kailua bar where members of a large group of males were yelling at each other. He acknowledged that Elderts was part of the crowd and was challenging others to fight, and that Elderts struggled when he was arrested.