Christopher Deedy, a U.S. State Department special agent who shot and killed Kollin Elderts on Nov. 5, 2011,
can be put on trial for a third time, according to a decision issued Thursday by the Hawaii Supreme Court.

Deedy faced two criminal trials in which the Honolulu Prosecuting Attorney’s Office charged him with
murder for the death of Elderts, who is from Kailua.

But both times the trials ended with deadlocked juries.

Honolulu prosecuting attorney Keith Kaneshiro said he was “gratified” by the ruling, and that he would pursue
a third trial of Deedy.

The Supreme Court’s decision was not unanimous. Associate Justice Paula Nakayama issued a dissenting
opinion saying that pursing charges for a third time is “patently unfair.”

When he went on trial in the summer of 2013, Circuit Court Judge Karen Ahn didn’t allow the jury to consider
a lesser charge of manslaughter, saying she “didn’t think there was any evidence to support manslaughter
anyway.”

The jury deadlocked in the case, resulting in a mistrial.

In 2014, prosecutors again pursued a murder charge against Deedy. But when the jurors went into deliberations,
Ahn, who was again presiding over the case, allowed them to consider lesser charges of reckless manslaughter
and assault.

This time the jury acquitted Deedy of second-degree murder and deadlocked on all the other offenses. Ahn left
the door open, however, for the Prosecuting Attorney’s Office to pursue a third trial against Deedy on the lesser
charges.

Deedy filed motions to get the case dismissed, which Ahn denied. He then appealed to the Hawaii Supreme Court,
saying, among other things, that a third trial would be double jeopardy.

He also argued that it would violate the Supremacy Clause, which protects federal agents from being prosecuted
in state court for doing their job.

Deedy’s attorney, Thomas Otake, said Thursday he would appeal the state Supreme Court decision through the
federal system. The legal team has not yet decided whether to start with federal district court or go directly to the
U.S. Supreme Court, Otake said.

He criticized the effort to prosecute Deedy a third time on manslaughter charges, especially since prosecutors
have already said publicly that the evidence doesn’t support it.

“We believe it’s misconduct of the worst kind,” Otake said.

that's obscene.  What makes them think they'll get any different result this time?

that's obscene.  What makes them think they'll get any different result this time?

If not this time, our f'd up judicial system will try a 4th and 5th time.  His attorney is trying to get an appeal in the Federal court system and the news said it may end up in SCOTUS, since he was a Federal agent and still working as such.  He did not lose his job because of this shooting.

these buffoons just making hawaii look stupid.  both the cops and the judicial system.  even worse if it ends up in scotus

He did not lose his job because of this shooting.

he's probably not collecting the Special Agent duty extra pay, and probably also mandatory overtime associated from no longer carrying the gun and the badge.  and probably missed out on normal career promotion opportunities while this drags out and this cloud is hanging over his head.  his career has tanked and dead-ended.

I don't think double jeopardy applies though since the jury never rendered a verdict.

no one suggested that double jeopardy applies...

... other than Deedy's attorney (in the article I quoted).   

I figure, drunk or not, Deedy gets to defend himself from an aggressive person as long as Deedy didn't initiate the attack fight.

I haven't been tracking the Deedy case so I can't give an opinion if he's guilty or innocent.  However it sounds like the prosecution screwed up in the first trial and they got the rematch for the 2nd trial.  Even if I thought Deedy was guilty, I don't think it's right to have a 3rd trial.

I wonder how Deedy is paying for his attorney, must be a lot of money he had to pay out.  Sounds like the prosecution wants to bankrupt him so he agrees to a settlement.