Judge averse to presiding over Deedy hearing

The judge in the Christopher Deedy murder trials told the lawyers in the case that she has a stress-related ailment and would "have no problem" with another judge presiding over a critical pretrial hearing originally scheduled for later this month.

Circuit Judge Karen Ahn presided over Deedy’s first two trials.

The first trial ended with a hung jury. The second ended after another jury found the U.S. State Department special agent not guilty of murder in the shooting death of Kollin Elderts, but deadlocked on the lesser manslaughter charge.

Ahn scheduled a third trial for September, this time for manslaughter.

Deedy’s lawyers filed papers asking her to dismiss the case last September after the second mistrial.

They claim that the state has already had two chances, with substantially the same evidence it plans to present a third time, to convict Deedy but failed. Deedy’s lawyers also claim that the state’s decision not to pursue manslaughter in the first trial and the not-guilty verdict to murder in the second trial preclude prosecutors from taking Deedy to trial a third time.

Prosecutors filed their response in January against dismissal. After arguing to two separate juries that Deedy intentionally killed Elderts and therefore committed murder, prosecutors say they are ready to argue to a third jury that Deedy recklessly killed Elderts and therefore committed manslaughter.

When she set the date for a third trial and its pretrial filing deadlines last August, Ahn also scheduled oral arguments on Deedy’s anticipated request for dismissal for March 30. But on Feb. 18, Ahn’s staff informed the parties that she is moving the hearing to late April.

At defense lawyer Thomas Otake’s request, Ahn met with the parties in her office on Feb. 19.

According to the transcript of the meeting, Otake told Ahn he prefers the original March 30 hearing date because Deedy, who lives in Virginia, has already made his travel arrangements and purchased his plane tickets. Otake also told Ahn that he had adjusted his own out-of-state travel with his family to be in court on March 30.

Deputy Prosecutor Janice Futa told Ahn that she too prefers the original hearing date but that if it must be moved, she would like an earlier, rather that later, date, the transcript says.

Ahn told the lawyers, "I haven’t even looked at the motions. (Her law clerk) Mallory is making her way through the morass at this point."

She also told the lawyers she is moving the hearing date because she is undergoing a medical procedure on March 27 for an ailment "which is stress-fed, may I say."

Ahn rescheduled the March 30 hearing to April 20 and told the lawyers, "If you have any complaints, you can see (Administrative) Judge (Richard) Perkins. That’s fine with me. I don’t care."

She also said, "It’s up to him to decide (whether to assign another judge for the hearing)."

According to the transcript of the meeting, Ahn also told the lawyers, "If another judge wants to hear this, I have no problem."

A week later, on Feb. 26, Otake filed papers asking Perkins to assign another judge to preside at the March 30 hearing. Otake’s request includes the transcript of the Feb. 19 meeting with Ahn and the transcript from the second trial in which Ahn tells the lawyers, "I hate this case."

Otake filed his request under seal, citing the "sensitive, personal information" it contained.

Perkins denied Otake’s request. He signed the order 41 minutes after Otake filed the request. The order also unsealed the request, finding "no legal or factual basis sufficient to justify reassignment of this case or sealing the motion or papers filed in connection therewith."

According to the Feb. 19 transcript, Ahn asked the lawyers to keep what she told them about her medical condition "under your hat." Her law clerk then said, "It’s all on the record, your honor."

A court reporter was present at the proceeding.

Ahn responded, "It’s public record, but nobody’s going to really look at it until, you know, 10 years from now or whatever it is."

According to the transcript, Ahn appears to tell the lawyers what the ailment is and what kind of procedure she plans to undergo. Those entries have been redacted from the record available to the public.