Deedy

[Ron Whitfield]

Who thinks there will be no third trial?
Just like in the Zimmerman debacle an armed misguided do gooder goes way beyond the call of duty and someone at the business end of the gun ends up dead, and the shooter get's away with it. The prosecution had a good case but has painted itself in a corner in the first trial and now will look silly if they try to go ahead with a third despite going against their own statements that lesser charges aren't viable.
Deedy caused all this by leaving his hotel with his service gun, knowing he was going out drinking, an age old big time no no, but that angle has been basically ignored. Then we had two parties out looking for trouble in lil old Waikiki, one a 'bad' guy and the other a 'good' guy along with their friend/s, lo and behold each party found each other. Eldert's eventually caused his own death by pursuing Deedy after knowing he was armed, but Deedy should pay somehow for his guilt, plus it seems he lied under oath.

[Walkoff Balk]

Who thinks there will be no third trial?

There's gotta be a retrial. Also, we need to have general elections until Neil Abercrombie wins.

[Amati]

Who thinks there will be no third trial?

It seems that just might be the way it ends up, no third trial.
The SA reports:

The Hawaii Supreme Court was scheduled to hear oral arguments Thursday morning on whether U.S. State Department special agent Christopher Deedy should stand trial a third time for a fatal 2011 shooting.

His lawyers argue that a third trial would violate Deedy’s constitutional rights against double jeopardy and legal prohibitions against allowing the government to continually take a defendant to trial until it gets a conviction. They also argue that Deedy cannot be tried for manslaughter because the prosecutor abandoned the charge in both trials by arguing against letting the jury consider it.

The lawyers might have a good point. If the prosecutor previously said in trials that manslaughter was an inappropriate finding, then how can the prosecutor come back NOW that he's lost the murder approach, and claim that manslaughter is an appropriate finding?
Will the judge decide that it was a mess up by the prosecution (in the original trial)? If so, I bet the police must get totally frustrated, to do the police work on a case and then have things fall apart in trial.

[Ron Whitfield]

the whole thing was botched and I was surprised Prosecutor Futa was so pathetic, now the blatantly culpable cop walks off to enable more armed misjudgments. both Deedy and Elderts should have stayed home that fateful nite instead of heading into the ki's to drink and look for easy trouble.

[TuNnL]

the whole thing was botched and I was surprised Prosecutor Futa was so pathetic, now the blatantly culpable cop walks off to enable more armed misjudgments. both Deedy and Elderts should have stayed home that fateful nite instead of heading into the ki's to drink and look for easy trouble.

Apparently, Civil Beat Agrees...

Deedy Case: Time To Let Go Of A Case That’s Gone Nowhere
The Hawaii Supreme Court should reject the prosecution’s efforts to try Christopher Deedy a third time.

By Civil Beat Editorial Board / February 16, 2017

There is no new evidence, as far as we know, and no new information to present. Two juries have come down against murder — the first deadlocked 8-4 in favor of acquittal and the second rejected the charge outright.

People can argue forever over whether Deedy should have stepped into the middle between Elderts and another McDonald’s customer who Elderts had been harassing. And there’s also the issue of whether police officers should be permitted to carry guns if they have been out drinking. Deedy was off-duty at the time.

But, if he was — as he says — attempting as a law enforcement officer to diffuse a problem, is he guilty of manslaughter?

[Ron Whitfield]

I've always contended Deedy was culpable first and foremost for being improperly armed in public, which inevitably leads to questioning his mindset / motives. I say guilty of manslaughter / 2nd - 10 yrs., out in 5 at most

[TuNnL]

'Until justice is achieved': City prosecutor to seek third trial in Deedy case

Published: Thursday, December 14th 2017, 11:25 am HST
Updated: Thursday, December 14th 2017, 3:31 pm HST

By HNN Staff

HONOLULU (HawaiiNewsNow) - The city prosecutor says he'll seek a third trial against the State Department special agent who fatally shot a man inside a Waikiki McDonald's in 2011.

Prosecutor Keith Kaneshiro said he'll seek a manslaughter charge against Christopher Deedy.

The announcement came hours after the state Supreme Court ruled Thursday that a third trial against Deedy could proceed.

[Amati]

It seems that there is not a limit on retrials. Online lawyer: "There is no limit. A mistrial means that there was no verdict, so until the prosecutor decides to stop trying the case, they can continue to go to trial. It is unfortunate, but unless the jury agrees they can keep trying."

What confuses me is that they are able to change the charges. I can see a retrial for the same charge, but to bounce around on the charges until one sticks.... that seems legally unfair.

[68-eldo]

My opinion is Kaneshiro should be fired. Not only because he has botched the Deedy case but I think he was in on the Kealoha fraud.

[TuNnL]

My opinion is Kaneshiro should be fired. Not only because he has botched the Deedy case but I think he was in on the Kealoha fraud.

I agree with you, but I think the FBI’s investigation into his office — should be allowed to proceed first, 68-eldo. In any case, looks like Mr. Deedy is NOT going to get out of this. It’s actually going to happen.

Deedy’s request to delay third trial is denied

By Nelson Daranciang March 14, 2018

State Circuit Judge Todd Eddins says U.S. State Department Special Agent Christopher Deedy’s third trial for a fatal shooting in a Waikiki McDonald’s restaurant will go on as scheduled.

“Until and unless the United States District Court issues an injunction staying these proceedings, the case will proceed,” Eddins said Tuesday.

Deedy, 33, is scheduled to stand trial for manslaughter in October for fatally shooting Kollin Elderts in November 2011.

[Amati]

He's scheduled in the third trial to be tried on the charge of manslaughter. First trial was in 2013 for murder, which was a hung jury, although later it was determined that the judge should have allowed the jury to consider a lesser charge.
Second trial was in 2014 was deemed not guilty of murder (acquitted), but deadlocked on manslaughter.
Thus the third trial scheduled for manslaughter.

It still seems to me wrong to keep changing the charges, with the prosecution just hoping that the dart finally hits a target.

https://www.pressreader.com/usa/hono...81767039746205

[Ron Whitfield]

It still seems to me wrong to keep changing the charges, with the prosecution just hoping that the dart finally hits a target.
https://www.pressreader.com/usa/hono...81767039746205

the single change still represents the facts of the case and the case has yet to be settled.
Deedy went out drinking and looking for trouble with his service firearm, then lo and behold he found trouble, which he then willingly stepped into and eventually fired to kill. he needs to be held accountable and will be judged accordingly if this mess doesn't completely collapse. that the prosecution has badly handled virtually everything doesn't negate a thing. Deedy made himself a target that nite and a guy's life ended because of it.

[TuNnL]

Deedy went out drinking and looking for trouble with his service firearm, then lo and behold he found trouble, which he then willingly stepped into and eventually fired to kill. he needs to be held accountable and will be judged accordingly if this mess doesn't completely collapse. that the prosecution has badly handled virtually everything doesn't negate a thing.

Except, maybe, his financial solvency and subsequent ability to pay for a third defense.

Federal judge rejects Deedy’s request to block a third trial

By Nelson Daranciang
April 26, 2018

Deedy claims that standing trial for manslaughter after having been acquitted of murder for fatally shooting Kollin Elderts in 2011 would violate the protection against double jeopardy in the U.S. Constitution.

Deedy’s lawyer Thomas Otake asked (U.S. District Judge Derrick K.) Watson to order the state court to put the trial on hold pending a decision. Watson denied the request.

Trial judge Todd Eddins rejected the same request last month.

(...)

Otake said the trials have drained Deedy financially.

“He is at the point where if there is a third trial, he may have to ask the (state) court to pay for his litigation expenses,” Otake said.

[Ron Whitfield]

well, Michael Cohen probably won't be available to fix it for him...

[Ron Whitfield]

barring a change via the appeal it looks like this pathetic mess ends with the killer going scot free.
http://www.hawaiinewsnow.com/story/3...fatal-shooting

[TuNnL]

barring a change via the appeal it looks like this pathetic mess ends with the killer going scot free.
http://www.hawaiinewsnow.com/story/3...fatal-shooting

Not so fast...

Associated Press August 30, 2018

City prosecutor appeals judge’s decision against third trial for Christopher Deedy

Honolulu prosecutors are appealing a judge’s ruling saying a federal agent Christopher Deedy can’t be tried a third time for fatally shooting an Oahu man in a Waikiki fast-food restaurant.

City Prosecuting Attorney Keith Kaneshiro filed the appeal Wednesday to the 9th U.S. Circuit Court of Appeals.

[Walkoff Balk]

https://www.khon2.com/news/always-in...y-for-assault/

It's the 1972 Olympics where the Soviet Union basketball team got three chances against the USA team to win.