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Looks like we’ll have to wait to find out what actually happened the night a federal agent shot and killed 23-year-old Kailua resident Kollin Elderts at a McDonald’s in Waikiki last November.

On Thursday, Circuit Court Judge Karen Ahn decided to seal court records that were submitted by the agent’s attorney that included a surveillance video from the restaurant and cell phone video captured by a bystander after the shooting.

According to defense attorney Brook Hart, the videos support his claim that U.S. Special Agent Christopher Deedy is immune from prosecution because he acted in self-defense and within his official capacity as a law enforcement officer. Deedy was in Honolulu as part of a U.S. State Department security detail for the Asia-Pacific Economic Cooperation conference.

By sealing the videos from public view, Ahn sided with the prosecution in saying that the videos could potentially taint a future jury pool by leading to rampant speculation and interpretation of what happened in the early morning hours of Nov. 5 when Elderts will killed.

In her 14-page ruling, Ahn also said the videos could ruin the prosecution’s right to a fair trial, a concern that’s typically associated with a defendant. She notes that the videos could eventually be made public at a July motion hearing or during the trial, which is currently scheduled for September.

Honolulu Prosecuting Attorney Keith Kaneshiro agreed with Ahn’s opinion, and released a statement Thursday lauding her decision.

“Her order preserves the integrity of the trial process and allows us to continue in a manner that ensures fairness for both sides,” Kaneshiro said. “It also supports our position that the issue is not one of withholding information but rather about releasing it at the proper time. The duty and obligation of the prosecution is to seek justice, and Judge Ahn’s decision ensures this process.”

The fact that the prosecution sought to seal court records in the case struck some attorneys as odd. Most often, they said, it’s the defense making such requests so as to protect their clients’ rights not the other way around.

The move also caused some local media outlets, including the Honolulu Star-Advertiser, to to make secret the documentation. This put the media on the same side of Hart in arguing that the documents .

Attorney Jeff Portnoy, who is representing the media in the case, said he believes Ahn has over-reached in her ruling, saying she’s opened up “Pandora’s Box” by sealing records that are usually public. He also said he has yet to speak with all of his clients about their next steps.

“Generally I’m disappointed,” Portnoy said. “But there seems to be some suggestion that some or all of this is going to be released at the time of the hearing. We’ll have to wait and see what happens in July.”

Honolulu Star-Advertiser Managing Editor Ed Lynch said his publication is currently evaluating its options.

Hart had a similar stance, noting that it will be up to his client on how to proceed.

“When I speak to him there may be a response, or maybe not,” Hart said. “We’ll just continue to prepare for the (July motion) hearing.”

Ahn took longer than expected to make her decision on whether to seal records in the Deedy case. During last week’s court proceedings, she said she planned to have a decision by Tuesday.

In her ruling this week she paid particular attention to the role of the internet and the impact of video on potential jurors. Ahn, a former television journalist, also brought this up during a oral arguments last week. She focused mainly on the surveillance video from McDonald’s.

“Photography, moving or stills, can create powerful impressions and, justifiably or not, may be seen by some as carrying some reliability,” she wrote in Thursday’s decision. “A relatively new relevant development is the impact of the internet on society’s general capacity for and speed of communication.

“The internet enables the posting of videos, in their entirety or edited by someone, often a stranger, available to anyone having access to the internet on computers, certain types of cell phones or tablets; the posting of messages by person who may remain anonymous if they wish; the posting of news stories and/or videos on web sites maintained by traditional news outlets; and the re-sending of re-publication on the internet of any of these materials by anyone with internet access.

“The internet has made possible almost instantaneous communication among those with such access.”

With all the publicity surrounding the case — the shooting occurred just as APEC was about to start — Ahn said there’s a “high probability” that the footage will generate interest, discussion and renewed speculation in the community as to what happened.

“Considering the nature of (the McDonald’s surveillance video), the circumstances of this case, the public interest which this case has attracted, and the nature of the public communication capabilities, the release at this time of (the video) raises a real possibility that the defense and/or the prosecution will suffer an unfair trial.”