A state judge is scheduled to hear a request today by the Honolulu Star-Advertiser and other news organizations to argue for the release of defense documents and surveillance tapes filed by a State Department special agent charged in a fatal shooting at a McDonald’s restaurant in Waikiki.
City prosecutors have asked Circuit Judge Karen Ahn to keep confidential the defense papers and the McDonald’s videotapes of the shooting.
In its request filed Monday, the Star-Advertiser said the newspaper should be allowed to intervene in the case to protect “the public’s right of access to courthouse records in this case of critical importance to the community.”
Hawaii News Now — the Star-Advertiser’s TV news partner — and the online news site Hawaii Reporter have joined the newspaper in its request.
Ahn will decide whether the news media can participate in the case.
Christopher Deedy, who was here to provide security for leaders of the Asia-Pacific Economic Cooperation conference, is charged with murder in the shooting of Kollin Elderts in the early morning of Nov. 5 at the McDonald’s restaurant on Kuhio Avenue.
Deedy’s lawyers filed a request last week to dismiss the charge on the basis that he is immune from state prosecution because he was performing duties as a federal law enforcement officer.
To support the request, they filed exhibits that include McDonald’s surveillance tapes.
City prosecutors asked that the defense filings be sealed. They argue that news coverage of the filings could taint potential jurors.
The prosecutor’s office did not say Monday what position it will take at today’s hearing, but said it is bound by the rules of professional responsibility to seek a fair trial.
“In a criminal case as emotionally charged as this one, public release of evidence and arguments before trial can only result in prejudicing the proceedings,” prosecutor spokesman Dave Koga said.
“The prosecutor’s office believes the proper place and time for disclosure is in Judge Ahn’s courtroom — after a jury has been seated.”
The newspaper’s lawyers have said the prosecution’s argument to seal the court documents is “woefully inadequate” and there are other alternatives to ensure a fair trial.
Ahn is scheduled to hear the prosecutor’s sealing request on Thursday.
The hearing on the dismissal motion is scheduled for July.
Deedy’s trial is scheduled for September.
