The judge in the murder trial of U.S. State Department Special Agent Christopher Deedy will decide at trial whether or not defense lawyers can tell jurors that the victim had drugs and alcohol in his system.
Deedy, 28, is scheduled to stand trial in state court for murder in July for fatally shooting 23-year-old Kollin Elderts in the chest in a Waikiki McDonald’s restaurant on Nov. 5, 2011.
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 drunk driving is 0.08 BAC.
The prosecutor had asked the court to exclude Elderts’ toxicology report from evidence that will be presented to the jurors.