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Fridays in federal agent's murder trial will be jury-free

The judge in Deedy's case limits testimony to four days a week to help prevent fatigue

By Nelson Daranciang

LAST UPDATED: 10:31 p.m. HST, Jul 17, 2013

In what is already expected to be a lengthy trial, the state judge in the murder trial of U.S. State Department special agent Christopher Deedy agreed Friday to have jurors sit through only four days per week of testimony and evidence, rather than five days.

Deedy, 28, is scheduled to stand trial in July for murder for fatally shooting 23-year-old Kollin Elderts in the chest in a Waikiki McDonald's restaurant on Nov. 5, 2011. Deedy is from Virgina but was in Hono­lulu to provide security for the Asia-Pacific Economic Cooperation conference.

The prosecution says that after a night of drinking and bar-hopping, an off-duty Deedy threatened and kicked Elderts in the chest before shooting him.

Deedy claims that Elderts called him a "f----ing haole," challenged him to fight and was the aggressor.

Circuit Judge Karen Ahn will decide at trial whether Deedy's lawyers can tell jurors that Elderts had drugs and alcohol in his system.

The Honolulu medical examiner said Elderts had traces of cocaine and marijuana in his system and that his blood alcohol concentration was 0.12. The legal threshold for drunken driving is 0.08 BAC.

Prosecutor Janice Futa is asking Ahn to exclude that information.

Futa also asked Ahn to prohibit Deedy's lawyers from referring to him as a special agent.

Defense lawyer Brook Hart said Deedy is a special agent, and he objected to Futa portraying him as a tourist.

Ahn told the lawyers they can refer to Deedy however they want as long as they are consistent.

The judge had said she intended to hold trial five days per week in anticipation of the trial lasting through the end of August. She agreed to limit trial testimony to four days per week after Hart and Futa said five days of testimony per week, in a lengthy trial, would wear down the jurors, causing resentment and loss of concentration. Ahn told the lawyers to reserve Fridays for trial matters that do not require the jurors' presence.

Deedy had previously sought to have the murder charge against him dismissed on the grounds that he was performing his duties as a federal law enforcement officer. When he withdrew his request last month, he also gave up the opportunity to use that as a defense.

Hart said Friday that even though Deedy will not have that as a defense, he still has rights in connection with the performance of his duties as a special agent.

Hart has said that Deedy shot Elderts because he believed he was protecting himself and others.

Jury selection is also expected to be lengthy.

The court sent out questionnaires to 700 prospective jurors, and the first third are expected in court Monday for screening.

Ahn told the lawyers they can question the prospective jurors one at a time, outside the presence of the other prospective jurors.

<t0>Because of the amount of pretrial publicity about the case, Hart said he intends to ask all of the prospective juror whether they get their news primarily from the Internet, whether they read the comments and, if selected, how they plan to abide by court instructions to avoid media coverage about the case.

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false wrote:
I wonder if Brook Hart would hire me as a blogging shill troll in support of Deedy?
on April 13,2013 | 02:16AM
MalamaKaAina wrote:
pro rail shill trolls get paid more!
on April 13,2013 | 02:20AM
false wrote:
A commentator by the name of Grabaskas or however his name is call needs to get on this forum and post. Then we get the information directly, not via second hand.
on April 13,2013 | 07:37PM
nodaddynotthebelt wrote:
From your past post that stated that "evidence" will show that Deedy is guilty, you would be the last person on the planet he would hire. Heck, I wouldn't hire you as a teacher by that statement alone. I wonder what other "facts" you are teaching our children. It is no wonder why our kids do so poorly. And it is because of teachers like you that I send my kids to private school even if it means having to work two jobs just to pay their tuitions. You are the perfect example why we should privatize the education system.
on April 13,2013 | 11:27AM
false wrote:
Not the same "false." Ha Ha
on April 13,2013 | 04:10PM
gary360 wrote:
Why would you want to leave out his toxicology? The same reason the video tapes were not made public?
on April 13,2013 | 05:06AM
false wrote:
Let's have the video already so we can stop the conjecture. Why is it okay to defame one and not the other. So who hasn't been called ha ole? It's all about the haves and have nots. Just look at the zip codes.
on April 13,2013 | 06:18AM
droid wrote:
I would agree. We don’t really know what happened until we see the video. Regardless of who was drunk or who was sober, all that really matters is on that tape. It’s not a crime to have a few drinks — which apparently, both men did. What is a crime is to fire a gun at an unarmed civilian at point blank range — unless you can prove it was self-defense.
on April 13,2013 | 07:02AM
allie wrote:
agree. Elderts is no hero and had a long criminal record. He was in fact aggressive, racist and unintelligent. That said, he did not deserve to die if was not threatening Deedy's life.
on April 13,2013 | 07:56AM
808BigE wrote:
allie...the star advertiser troll
on April 13,2013 | 12:19PM
false wrote:
Talking IQ transparent allie
on April 13,2013 | 04:11PM
RetiredWorking wrote:
all-lie, since you're supposedly a UH student, why are you not using critical thinking skills, instead of conjecture?
on April 13,2013 | 10:07PM
twk123 wrote:
If thers a video that wil tellthe truth already!
on April 13,2013 | 03:17PM
pcman wrote:
IRT droid, no way can this guy be found not guilty. His duty was to protect Obama, not himself. And, guess Obama wsn't there. He had no reason to carry a weapon while off duty. Just like a military person cannot carry a weapon while off duty, much less fire it at someone. He should have been fired by the State Dept by now for carrying his weapon while off duty. If the State Dept helps to defend this guy, the family of Elderts should sue the State Dept .. the deep pockets.
on April 13,2013 | 05:10PM
false wrote:
If the trial was about forensic evidence, then all we would depend on is the video. In basketball and football for example, they look and look and look at the videos to see which ones need to be subject to fines, suspensions, etc. I do not understand why this trial would take months. Just to ante up the salaries of the attorneys?
on April 13,2013 | 07:43PM
saywhatyouthink wrote:
Anyone born and raised here in Hawaii has seen many guys like Elderts. We know what happened.
on April 13,2013 | 07:50PM
livinginhawaii wrote:
Your use of the "H" word is offensive.
on April 13,2013 | 01:14PM
BRock wrote:
The word. Is only offensive if it is said in conjunction with the "f" word. That said, there really are too many "f"ing haoles inthis town.
on April 13,2013 | 03:31PM
jusjoking wrote:
Crack a few more. Everyone like know what you really think about ha ole.
on April 13,2013 | 03:50PM
livinginhawaii wrote:
Clearly you are not from Hawaii. I forgive your ignorance in not understanding how meanings change in reference to the timeline. Please educate yourself before posting false information that may be offensive to some.
on April 13,2013 | 05:09PM
false wrote:
That was not me, it was another false. Anyway, yes i agree it was offensive.
on April 13,2013 | 07:39PM
saywhatyouthink wrote:
Anything that places blame with Eldert's is excluded. Everyone knows he caused his own death by challenging a fed pointing a gun at him. Maybe he didn't deserve to die but no one can argue that he didn't bring it upon himself. Tough guy stupid, he should have shut his mouth and walked away, he would still be alive.
on April 13,2013 | 07:48PM
spinker wrote:
Video tapes should be shown in court and toxicology reports given. HPD needs to start a permanent undercover operation to weed out harassment of anyone who is assumed to be "not local."
on April 13,2013 | 06:16AM
Mythman wrote:
"permanent undercover operation to 'weed out' harassment of anyone who is assumed to be "not local" - very funny. Mr.Hart is I presume based on track record going to adeptly handle the local biases that are responsible for so much of this krapola.........
on April 13,2013 | 07:05AM
false wrote:
Local biases are everywhere USA. It isn't just Hawai`i. Back East it's Portuguese against Irish, etc. So we don't own the disparagement. It's a planet problem. Some of us have Rockets. Some of us have bullets. And Some of Us only have words and thoughts. Good thing you can't read my mind, but my face says it all.
on April 13,2013 | 07:47AM
false wrote:
Your face? I can not see into the computer lol. btw u know that u and i are different people.
on April 13,2013 | 07:45PM
RetiredWorking wrote:
false and false, why would two people want to share the same handle on the same forum? Surely one of you would want to change to a different name.
on April 13,2013 | 10:14PM
Ratrase wrote:
Good luck finding jurors who don't read now that you published the drug and alcohol blood concentration levels that the judge has yet to decide whether or not to permit the lawyers to disclose to the jurors. DOH,
on April 13,2013 | 08:22AM
copperwire9 wrote:
Weird, eh? I don't get it either.
on April 13,2013 | 10:09AM
saywhatyouthink wrote:
The judge can't exclude that info, Deedy would not get a fair trial if that happened. The jurors need to know Elderts was a crack head and alcoholic. His prior criminal record should also be laid bare for everyone to see. I'm guessing he wasn't no angel, probably had a history of violence and drug charges.
on April 13,2013 | 07:57PM
mongoosa wrote:
Futa always likes to stack cards in her favor. Hart should request she not be called a prosecutor...Oh pick me, pick me for the jury.....one less drugged out weasel off the streets. I have a family member who was nearly murdered in Waikiki and ,between HPD and the prossiecuters , there is no hope for justice even though there was lots of evidence. They prefer to go after the headliners and pick on a special agent over the low lives they arrest every day for near murders. Go Hart! Deedy probably saved a few lives that night.....Elderts was obviously trolling for trouble.
on April 13,2013 | 09:39AM
copperwire9 wrote:
Oh yeah, you'd make a GREAT juror. Uh-huh.
on April 13,2013 | 10:10AM
RetiredWorking wrote:
copperwire, my sentiments exactly.
on April 13,2013 | 10:17PM
false wrote:
so i guess mongoose was already taken?
on April 13,2013 | 07:46PM
bender wrote:
Jury fatique? Is Brook Hart planning on bringing a lot of nonsencial BS into the proceedings. If they focused on the events of that evening this would be a 2 day trial at the most.
on April 13,2013 | 09:41AM
busthalfnut wrote:
Agreed. Reedy won't testify and the other guy is dead.
on April 13,2013 | 09:49AM
false wrote:
Making side eye.
on April 13,2013 | 10:30AM
false wrote:
Mr. Deedy, please COP your plea to no contest, and take an extended probation. Best for you, best for us, best for this newspaper.
on April 13,2013 | 10:32AM
false wrote:
In any conflict, in any he said, he said, or she said he said, one of the two parties will try to gain advantage in court. Number one, it was wrong for u to fire your gun Chris, in light that u may have been intoxicated. Number two, Pictures tell a zillion words, and the McDonald's video, the most credible source of information will tell the truth. Number three, change your plea to no contest and work out a deal with the prosecution. Maybe manslaughter will be all u get. u try to go all the way and try for innocence, u may get the entire wrath of GUILTY and u will be at the Mercy of The State of Hawaii.
on April 13,2013 | 10:35AM
nodaddynotthebelt wrote:
Wow, from a teacher. You now go as far as to say that you know all of the facts of the matter. Enough to give a legal advise to Mr. Deedy. You don't know all of the facts. So, now, you are not only a teacher but a legal expert. Again, everyone, this is one of the teachers that educate our children.
on April 13,2013 | 11:37AM
false wrote:
Ha Ha Too many "falses" to know who you are talking to. Blogging here is teaching. You teach us every time you show up.
on April 13,2013 | 04:16PM
false wrote:
The false before noddaynotthebelt was me. u are not me. lol why are we squawking over innuendos? Lol, because HSA decided we are two of a kind lol.
on April 13,2013 | 07:49PM
RetiredWorking wrote:
nodaddy, you talking to the right "false"? No one knows, but we all know you don't like the public school system. You told us that.
on April 13,2013 | 10:19PM
BRock wrote:
I doubt that mr. Deedy would take your amateur advice seriously. Leave the counseling to the experts who know what they are talking about.
on April 13,2013 | 03:36PM
false wrote:
Yes okay and we shall see what the results would be. if i did something wrong i would man up to it.
on April 13,2013 | 07:50PM
chariie1 wrote:
The federal guy used some sort of protection to not have his alcohol /blood level checked. Just because an individual works for the government and has a gun does not mean they are a saint and won't have a lapse in judgement for example the recent rogue LAPD officer who was trained by the federal government. If he was really acting within the capacity of his profession the government would be sending in more lawyers and the defendant would not even be court.
on April 13,2013 | 10:53AM
cojef wrote:
Very complex situation, where certain evidence on either side will not be used or cannot be used?? Strange proceedings. "Hope it can be completed quickly, ho hum, already getting sleepy. Someone got shot, a person with some problems with ha oles, and the other with a quick draw shot him. Just like in the "wild west", he slandered me, so i shot him. Naw, he threw the first punch, whose on first, just like Abbott and Costello.
on April 13,2013 | 11:09AM
kawika49 wrote:
1. I thought Secret Service agents, had self defense training? 2.When dealing with civilians, use ultimate restraint. 3. He was not, working at the time. So why did he need the ultimate solution?
on April 13,2013 | 12:32PM
lee1957 wrote:
Deedy works for the State Department, not the Department of the Treasury.
on April 13,2013 | 02:15PM
BRock wrote:
Deedy is not a secret service agent. He works for the State Department.
on April 13,2013 | 03:38PM
false wrote:
And u are part of the coral reef.
on April 14,2013 | 12:38AM
ONLY from what we have read in our "great newspaper", And knowing what condition Deedy and Eldert were in, Deedy is not suppose to have been carrying a weapon. Better yet, he fired his weapon in a family restaurant...McDonalds. This so called "special agent" had no brains and fired several rounds. Hey, he was the only one with a weapon. His life was never in danger. Yes, I have already condemned this guy called Deedy. The agency should hire better people than this guy. His attorney thinks he's double O seven (007). Why should he get off from killing someone he couldn't handle in a fair fight.
on April 13,2013 | 12:42PM
false wrote:
My neighbors know not to fire their guns in our neighborhood, not even for the wild pigs.
on April 13,2013 | 04:18PM
false wrote:
This is me. Is that u?
on April 14,2013 | 12:39AM
kailua000 wrote:
no fair fights in Hawaii. Eldert and his braddahs would have jumped Deedy when they left the restaurant. Always 5 on 1 in Hawaii when it comes to local mokes vs anyone else. Most of the rest I agree with you on.
on April 13,2013 | 02:32PM
allie wrote:
true but several people in Nalo say they are glad Elderts is gone. Just a fact. He had been a danger there for yeARS I am told.
on April 13,2013 | 02:46PM
false wrote:
so you live in Waimanalo, now? have we seen you at the bakery?
on April 13,2013 | 04:20PM
false wrote:
No allie only passes through. I have seen u at the 7-11 though where the old surf shop is now gone.
on April 14,2013 | 12:40AM
RetiredWorking wrote:
all-lie, the "fact" other people shared with you is considered hearsay. Use your critical thinking skills before posting.
on April 13,2013 | 10:24PM
false wrote:
Depends on how the local "mokes" were raised. Our "mokes" are educated, work hard, support their families, don't swear, rarely drink and never fight. We are ha ole mokes and brownie mokes, but we were raised different, brah. Not all "mokes" are buss a.....
on April 13,2013 | 04:20PM
jusjoking wrote:
what, no Hawaiian? immigrant.
on April 13,2013 | 04:34PM
pcman wrote:
IRT Kailua, then Deedy should have shot Eldert and his bruddas outside of the restaurant, huh? But inside the restaurant, no chance of winning the trial. I can only think that the defendant will settle out of court and take a lesser sentance for using bad judgement and accidentally shooting Elderts.
on April 13,2013 | 05:16PM
Slow wrote:
Irrelevant racist speculation. "Always 5 to 1?" Always?
on April 13,2013 | 05:50PM
kailua000 wrote:
why does the headline say Jury Free?
on April 13,2013 | 02:34PM
false wrote:
Because the State wants to save on labor.
on April 14,2013 | 12:41AM
Waimanalodayz1 wrote:
This comment has been deleted.
on April 13,2013 | 03:45PM
false wrote:
That's history. Is it really going to repeat itself?
on April 13,2013 | 04:21PM
Slow wrote:
Let's hope so. Then your racist paranoia will be completely justified.
on April 13,2013 | 05:52PM
lokahiblaze wrote:
This is a tragedy all the way around, and a tough case for jurists to figure out. If nothing else, it certainly serves as proof that firearms, drugs, and alcohol don't mix.
on April 13,2013 | 10:00PM
false wrote:
It is unfortunate that prosecutors work for the government and defense lawyers can be bought.
on April 14,2013 | 12:42AM
Kalaheo1 wrote:
I think that if they are going to introduce Mr Eldert's blood alcohol and toxicology screen they should also introduce Mr Deedy's alcohol and toxicology screen.

The only reason they have Eldert's and not Deedy's, is Eldert's was dead and couldn't refuse his. The victim is being being further victimized here.

on April 14,2013 | 02:29AM
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