The lawyer for U.S. State Department special agent Christopher Deedy was unsuccessful Friday in another attempt to make public the surveillance video of last November’s fatal shooting in a Waikiki McDonald’s restaurant.

Kollin Elderts, 23, of Kailua died in the Nov. 5 shooting.

Deedy, 28, is awaiting trial in state court for murder. His trial is scheduled for April.

Defense lawyer Brook Hart attempted to make the video public Friday by trying to include it in Deedy’s request to dismiss the murder charge.

Hart told Circuit Judge Karen Ahn that when prosecutors presented portions of the video to an Oahu grand jury, some of the grand jurors may not have been able to see the television monitor because of its location and angle in the room. Hart also said the monitor was not picked up by the camera that recorded the proceeding.

State court rules require the presence of an official court reporter or operator of a recording device to record all evidence and statements presented to a grand jury.

Ahn ruled there was no need to include the surveillance video in Deedy’s request because it is already part of the grand jury record.

The judge also denied the request to dismiss the murder charge because, she said, prosecutors presented enough evidence to the grand jury to sustain the charge even without the portions of the proceeding in question.

Hart first tried to make the video public in May when he included it in Deedy’s request to have the murder charge dropped on the grounds that he was performing his duties as a federal law enforcement officer, protecting his life and the lives of others at the time of the shooting.

Deedy was in Hawaii to provide security for the Asia-Pacific Economic Cooperation conference.

Ahn ordered the video and Deedy’s statements describing the events in the video sealed until she hears oral arguments for and against Deedy’s request. A hearing is not scheduled.