BY JIM DOOLEY – Accused killer Christopher Deedy today lost a motion to dismiss the case against him and his lawyer lost another bid to publicly file a videotape of the killing.
Deedy, a security officer with the U.S. State Department, was accused of second-degree murder after he fatally shot local resident Kollin Elderts during an early morning confrontation in Waikiki in November.
Deedy, who lives in Virginia, was in Honolulu to provide security for dignitaries attending the Asia Pacific Economic Community conference.
His lawyer, Brook Hart, argued today that the case should be dismissed because an incomplete record was made of the prosecution’s presentation of evidence to a grand jury that indicted Deedy November 16.
Deputy Prosecutor Jan Futa denied that the record was incomplete and argued that even if it was, the missing material was so insignificant that dismissal of the case was unwarranted.
Circuit Judge Karen Ahn called Hart’s motion “interesting” and noted that such an argument has been made in local courts before.
She said a higher court may have to rule at a later date on the legal issues raised by Hart.
But Ahn agreed with Futa that the trial of Deedy, now set to begin next year, will go on as scheduled.
Hart once again attempted to publicly file a surveillance video taped inside the McDonalds restaurant when Elderts was killed.
Futa said the tape, which has already been sealed from public view by Ahn, was irrelevant to the motion argued today.
Ahn agreed and did not accept the tape copy which Hart tried to introduce.
After the hearing Hart said he did not know if he would appeal Ahn’s decision on the grand jury issue.
Hart says the contents of the videotape at the McDonalds restaurant show Deedy acted in self defense and in his capacity as a law enforcement officer when Elderts attacked customers in the restaurant.