The (Re)trials and Tribulations of Christopher Deedy
State v. Deedy (HSC December 14, 2017) Background. You should know this one by now. Christopher Deedy was a federal agent assigned to Honolulu in 2011. Late one night at a McDonald’s in Waikiki, Deedy shot and killed Kollin Elderts. He was indicted with murder in the second degree. At the first trial the prosecution and Deedy requested that no manslaughter instruction be read as an included offense. The circuit court agreed. The jury was hung and a mistrial was declared. Deedy was tried a second time. This time, the court instructed the jury about reckless manslaughter, assault in the first degree, and assault in the second degree over the objections of both parties. After six and a half days of deliberation, the jury acquitted Deedy of murder, but was hung on the included offenses. A second mistrial was declared. Before the third trial, Deedy filed a motion to dismiss on the grounds that a third trial violates his constitutional rights and the Hawaii Penal Code. The motion was de...