Supreme Court Considers A Third Trial For Christopher Deedy
Two juries have failed to convict the federal agent from the mainland, who had been in Waikiki only a few hours when he fatally shot a local man.
The question of whether Honolulu can聽pursue a third trial against Christopher Deedy, a federal agent from the mainland who fatally shot local resident Kollin Elderts in 2011, is now in the hands of the Hawaii Supreme Court.
Deedy’s attorney, Thomas Otake, argued Thursday in a hearing before the state’s highest court 聽that a third trial would constitute double jeopardy.
Assigned to attend the Asia-Pacific Economic Cooperation conference, Deedy had only been in Honolulu for a few hours when he had the deadly encounter with Elderts, 23, at a Waikiki McDonald’s restaurant at about 2:45 a.m. on Nov. 5, 2011.
Deedy is white. Elderts was Hawaiian.
Deedy was indicted for second-degree murder, but his first trial ended in a hung jury. The jury was instructed not to consider lesser charges.
In his second trial in 2014, Deedy was acquitted of second-degree murder聽and the jury was hung on the lesser charges of reckless manslaughter and assault. The Circuit Court ruled he could be , which carries a maximum 20-year prison sentence. Deedy’s lawyers appealed that decision.
Otake emphasized Thursday that in Deedy’s first trial, the court ruled there wasn鈥檛 enough evidence to try the federal agent on lesser charges and the prosecutor acknowledged that in statements to the media.
鈥淭he court found there wasn鈥檛 any evidence,鈥 Otake said. 鈥淭hat鈥檚 what double jeopardy鈥檚 about. They don鈥檛 get another shot at this.鈥
Justices Michael Wilson and Paula Nakayama posed skeptical questions to attorneys on both sides, while Justice Richard Pollack was openly critical of Otake鈥檚 arguments, listing different situations that comprise double jeopardy.
鈥淭hat didn鈥檛 happen here,鈥 Pollack said.
鈥淭he state has said time and time again that they had no regrets about manslaughter not being an option,鈥 Otake replied. 鈥淭o allow them to now pursue it at this place in the litigation will be wrong.鈥
Deedy has claimed he was defending himself and others from Elderts when the altercation occurred.
Donn Fudo, Honolulu deputy prosecuting attorney, described Deedy as a 鈥渄runk tourist鈥 who 鈥渋nstigated a physical confrontation.鈥
He said that Otake’s arguments were incorrect and said the case is about justice.
“I don鈥檛 know how it will ultimately turn out but the only way justice has the ability to bend forward is to honor the judge鈥檚 decision in the lower court (to allow the trial to move forward),” Fudo said.
Otake agreed the case is about justice and said it comes down to balancing the state鈥檚 interest in pursuing the charge and fairness to Deedy.
“It鈥檚 not about getting a conviction at all costs or winning at all costs,鈥 Otake said.
Broader Significance
The courtroom was half-empty Thursday, and neither Deedy nor the Elderts family was present.
The lack of attendance was in stark contrast to Deedy’s first trial, which attracted significant public interest and media attention.
Elderts’ death sparked debates about racial discrimination and tapped into deeper frustrations about the U.S. annexation of Hawaii and militarization.
Kalamaoka’aina Niheu, who acts as a spokeswoman for the Elderts family, said after the hearing that the family couldn’t attend because “their lives have already been financially and emotionally destroyed.”
She spoke to reporters flanked by members of the Justice for Kollin Elderts Coalition, some of whom wore T-shirts with his name.
Deedy is still employed at the State Department.
“Whether it be Native Americans at Standing Rock, whether it be Muslims at the airport, whether it be kanaka maoli here in our lands today, we need to take a stand in regards to defending ourselves, protecting ourselves,” Niheu said. “It’s clear that many times law enforcement is incapable of and unwilling to do so.”
