• Deedy Mistrial in Hawaii Shooting; Saga Moves into Third Year

    August 27, 2013

    Tags: , , , ,
    Posted in: Embassy/State

    Hawaiian newspapers reported today that the judge declared a mistrial Monday in the Second Degree murder trial of State Department special agent Chris Deedy. Jurors said they couldn’t unanimously decide whether Deedy is guilty of murder in the early-morning shooting of a customer at a McDonald’s restaurant in Waikiki.

    Hawaii 1st Circuit Judge Karen Ahn set a hearing for Friday to determine a date for a new trial, after mentioning next spring as a potential date. The shooting took place almost two years ago.

    The victim’s family also has a civil suit pending against Deedy in connection with the shooting.

    During closing arguments, the prosecutor called Deedy a “bully with a badge,” telling jurors Elderts, of Kailua, was killed because Deedy interjected himself in a situation that wasn’t any of his business and refused to back down. Defense attorney Karl Blanke acknowledged that Deedy shot and killed Elderts but said it wasn’t murder. Deedy’s “intent was to protect life,” Blanke said in his closing argument. The defense painted Elderts as a hothead who had been drinking heavily and doing drugs. Elderts referred to Deedy as a haole — a Hawaiian term for a white person — in a derogatory way, the defense claimed.

    Deedy’s family, including his parents and his wife, were present throughout the trial. They’re “trying to wrap their arms around the notion he’s still a free man,” one of Deedy’s lawyers said. “He’s still an agent of the United States State Department and has a job to do.”

    Before the mistrial was declared Wednesday, Judge Ahn unexpectedly cleared the courtroom’s spectators for a few minutes without providing a reason. Attorneys on both sides declined to say what was discussed.

    The jurors told the judge that they were unable to reach a unanimous verdict after twenty days of testimony and more than five full days of deliberations. A hung jury means the state will set a date to retry the federal agent on the murder charge.

    “I think the defense will file a motion under State vs. Moriwake which the judge will have some say in whether there will be a new trial,” said criminal defense attorney Paul Cunney. “I think there will be some informal polling of the jury and find out how the jury stood numerically.”

    “There’s always the possibility that it will be derailed, but we feel strongly that the right thing to do would be to have a new trial,” said Prosecutor Futa.

    BONUS: We reported previously that within days after the Deedy shooting in 2011, the Department State without explanation classified its long-standing unclassified rules governing the armed conduct of Diplomatic Security agents.

    An alert reader, and God bless the internet, found the rules in unclassified form still alive on line. Have a look at what now only select persons are allowed officially to see (p 40 at the link.)

    Note in particular Section 2.6B(5) which prohibits consumption of alcohol within six hours of use of deadly force, though there is the escape clause noting that the booze must impair judgement or ability.

    While we can never know if this unclassified version of DS firearms policy differs or not from the freshly-classified version, as a Concerned Citizen and a Good German, I encourage Diplomatic Security to immediately shut down Google as a threat to national security. Since the document is actually part of the Congressional Record, I suggest they also immediately shut down Congress as a threat to national security. Since the document was provided to Congress by the State Department, I suggest they also immediately shut down State as a threat to national security.

    Instead, they’ll probably just arrest me for providing the link.



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  • Recent Comments

    • Kyzl Orda said...

      1

      State has said it was conducting its own investigation, however the results would not be concluded before the trial was finished.

      Is this normal for a State investigation to last 2 years, since the action took place 2011? Does this mean State’s own investigation will be further delayed?

      Deedy apparently was put on paid admin leave when the trial began. Will that too be extended?

      State demoted two Benghazi whistleblowers for speaking to Congress, then had to ‘clear’ them. Is there any official statement on the discrepancy in treatment for staff who talk to Congress?

      Disgust aside, State can draw out generous paid leave and desk jobs all it wants to help Mr Deedy afford legal expenses. Nothing is worth this

      08/27/13 2:49 PM | Comment Link

    • Kyzl Orda said...

      2

      http://www.khon2.com/2013/08/26/former-prosecutor-says-deedy-retrial-would-not-benefit-either-side/

      According to this site, it sounds that a mistrial may not take place. And with no breathalizer test on record, Deedy can continue representing America abroad and at home

      08/27/13 3:03 PM | Comment Link

    • marc said...

      3

      Diplomatic Security agents engage in this sort of deadly shooting of civilians in foreign nations without legal ramification fairly often. That they are now doing it inside the U.S. is what is causing what I’m sure DS considers to be this current Deedy kerfuffle.

      08/27/13 4:07 PM | Comment Link

    • Rich Bauer said...

      4

      Keep an eye on this second degree murder case involving an FBI agent who also was “defending” himself:

      http://news.fredericksburg.com/newsdesk/2013/08/26/fbi-agents-murder-trial-set/

      08/27/13 5:08 PM | Comment Link

    • pitchfork said...

      5

      quote:”Keep an eye on this second degree murder case involving an FBI agent”unquote

      Not to mention the FBI agent who pumped 7 rounds into Ibragim Todashev, friend of Boston bombing suspect, Tamerlan Tsarnaev when Todashev allegedly attacked the FBI agent with a..knife..er..no..a sword..er..wait..a chair..no no no..a table..wait..turns out he was..ahem..unarmed. right.
      Todashev’s father said:
      “These just aren’t FBI agents, they’re bandits”

      unhun…Bandits. Massive understatement.

      Of course, the FBI is going to investigate itself..of course, and like 150 other FBI shootings..he’ll be exonerated. right.

      Welcome to the motherfucking US Stazi and the Surveillance State.

      sheeezushcrist. Time to finish loading my truck. 11,000 lbs of crap, 3 cats, 1 dog, 1 wife and me. fuck.

      .

      08/27/13 6:35 PM | Comment Link

    • jo6pac said...

      6

      pitchfork said…

      You made it and good to see you back here and don’t you wish you could have left the u.s. stazi behind I know I would like to. Tomorrow will be different with 0 hanging out with his MLK sheet and attacking Syria. WTF

      The trial that never ends.

      08/27/13 8:03 PM | Comment Link

    • Joe Mama said...

      7

      “Diplomatic Security agents engage in this sort of deadly shooting of civilians in foreign nations without legal ramification fairly often”

      Do tell – I’d like to know about all the cases. How often is fairly often? Once a week? Once a year?

      In my nearly 20 years, I’m aware of one other case. You seem to have better information than me so let’s hear the details.

      08/27/13 9:34 PM | Comment Link

    • wemeantwell said...

      8

      He may be referring in part to the contractors acting on behalf of DS; in Iraq some pretty nasty shootings took place. Of course, it is not just about the body count/number of discrete incidents. DS is abroad as part of the US diplomatic mission; shooting foreign nationals is not in line with the broader goals of building relations for the US.

      08/27/13 9:49 PM | Comment Link

    • Manapua said...

      9

      I have heard on good authority that 11 of the 12 jurors wanted to acquit Deedy.

      08/27/13 9:59 PM | Comment Link

    • wemeantwell said...

      10

      This suggest closer to 50-50:

      “I’m not going to say any numbers, but it had a good deal of guilty and quite a few not guilty, so it was kind of in the middle,” the juror said.

      http://www.khon2.com/2013/08/26/deedy-juror-speaks-exclusively-to-khon2-news/

      08/27/13 10:03 PM | Comment Link

    • Joe Mama said...

      11

      “He may be referring in part to the contractors acting on behalf of DS….” No argument there. There are bad apples in every group. They should be rooted out and crushed.

      However his statement said DS agents – I’d like to hear his facts. I could just as easily accuse every FSO of selling visas as it happens fairly often so therefore all of them are dirty right? I want to know the specific incidents he talking about and how often they have occurred.

      08/27/13 10:15 PM | Comment Link

    • Rich Bauer said...

      12

      “There are bad apples in every group. They should be rooted out and crushed.”

      You mean like that OIG investigator ?

      08/28/13 12:38 PM | Comment Link

    • wemeantwell said...

      13

      Not DS, but the FBI:

      FBI whistleblower fired after “going thru channels” to report another FBI guy using FBI plane to visit prostitutes.

      http://dissenter.firedoglake.com/2013/08/27/fbi-whistleblower-terminated-reporting-prostitutes/#

      08/28/13 1:12 PM | Comment Link

    • pitchfork said...

      14

      jo6pac said…

      quote”You made it”unquote

      Huh? I haven’t even left yet. Few more things to load today and I’m outta here for good. After 10 years of trying to survive here..I won’t look back. Hopefully..at 3 PM..I’m history. Michigan..here we come. Wish us luck. We need it. My 22′ Penske is loaded tighter than a grade school virgin in Febuary. By estimating the weight..I’m really worried I’m over the weight limit of the truck. Nothing I can do about it now though except drive safely. I’ll be back in about 2 weeks. Adios!

      08/28/13 1:35 PM | Comment Link

    • Manapua said...

      15

      Jury reached 8-4 impasse in favor of acquitting federal agent

      By Ken Kobayashi

      POSTED: 09:38 p.m. HST, Aug 27, 2013
      LAST UPDATED: 09:40 p.m. HST, Aug 27, 2013

      From: Star Advertiser:

      A Circuit Court jury reached an impasse at 8-4 in favor of acquitting State Department special agent Christopher Deedy of murdering Kollin Elderts in the 2011 shooting at a Waikiki McDonald’s restaurant, the foreman of the jury said today.

      08/28/13 2:24 PM | Comment Link

    • Rich Bauer said...

      16

      Obviously the FBI agents were working hard undercover.

      08/28/13 2:51 PM | Comment Link

    • wemeantwell said...

      17

      The article is classic stuff– USG furniture ruined by self-induced semen stains and more.

      08/28/13 3:04 PM | Comment Link

    • Rich Bauer said...

      18

      Where is Meloveconsullongtime when we need him? He can provide SexyState’s evidence.

      08/28/13 3:14 PM | Comment Link

    • Joe Mama said...

      19

      Hey Marc – still waiting for the facts.

      And OIG investigator – not a bad apple. I believe she was doing her job by exposing high-level BS.

      08/28/13 8:57 PM | Comment Link

    • wemeantwell said...

      20

      I’d love to hear their reasoning on both sides. Please post again if you see anything like that in the paper, as the Star-Advertiser is very stingy with what it puts on line.

      08/28/13 10:44 PM | Comment Link

    • kyzl orda said...

      21

      “Rich Bauer said…

      Obviously the FBI agents were working hard undercover.”

      I shouldnt laugh but that was good. The comments below the article were very interesting. This was one of several that stood out:

      “Have the pilots, Broce and Marshall been promoted yet?

      I’m pretty sure that’s the natural progression today.”

      Another said the agent who reported the wrong doing and was fired should consider himself lucky has hasnt been indicted yet. And isnt that the sad truth??

      Regarding Deedy, that is an interesting jury vote, especially with 4 jurors who would not go along with the 8. It’s been said juries are reluctant to convict young white males.

      But, there’s still a civil suit out there and the attorney of the family of the deceased should be sure to hold up Deedy’s mug shot and ask whether the injuries sustained by Deedy really look that life threatening per his self defense claim. Then s/he should hold up for comparison sake shots of deceased victims who were indeed pummeled to death

      08/28/13 11:58 PM | Comment Link

    • jh said...

      22

      08/29/13 12:41 AM | Comment Link

    • Babbaloo said...

      23

      “Is this normal for a State investigation to last 2 years, since the action took place 2011? Does this mean State’s own investigation will be further delayed?”

      People’s surprise at what is the standard (non)operating procedure is telling. No one outside that dysfunctional and surreal place can understand how an ‘investigation’ (deedy aside) goes on for years. IF ‘they’ do close an investigation, there is zero guarantee the employee will be allowed back to his/her job. Mostly, they just sit and rot. Toss in the extensive damage to reputation, finances, representational fees, and health – not hard to see why state likes to treat its people like trash in the hope they just quit.

      “Deedy apparently was put on paid admin leave when the trial began. Will that too be extended?”

      This is news. Normally, agents get sent to stare at the back of their eyelids in some meaningless office somewhere in the alphabet soup of divisions. Paid admin seems to be a gift for high level ds or fso types. Hard life to be accused of something, sent home to receive pay, then forgiven. Discrepancies in handling employees? Never.

      “State can draw out generous paid leave and desk jobs all it wants to help Mr Deedy afford legal expenses. Nothing is worth this.”

      I’m not sure if your idea of ‘desk jobs’ comports with reality. Years ago, there was an employee who just sat there and sat there not knowing their employment future. From what I’ve read on this blog – not much has changed. Seemed awful then, seems awful now.

      I wish Mr. Deedy well – his employer will probably be very unkind. Or maybe it won’t be. You never know with that old haunt.

      08/29/13 1:05 AM | Comment Link

    • Rich Bauer said...

      24

      At this rate our troops will be sent packing from Syria before a verdict is reached in the Dirty Deedy trial.

      08/29/13 3:08 AM | Comment Link

    • kyzl orda said...

      25

      “I’m not sure if your idea of ‘desk jobs’ comports with reality. Years ago, there was an employee who just sat there and sat there not knowing their employment future. From what I’ve read on this blog – not much has changed. Seemed awful then, seems awful now.

      I wish Mr. Deedy well – his employer will probably be very unkind. Or maybe it won’t be. You never know with that old haunt.”

      Maybe you are thinking of ‘hall walking’, not desk job per se? Various news cites stated Deedy was receiving a $95,000 salary. State should be so unkind to everyone else, eh?

      It even offered to postpone a decision on its ‘investigation’ of Deedy until after the trial. Not to mention, this site pointed out State’s policy on carrying a gun and being under the influence was suddenly classified. There are whistleblowers at State who didnt even get the benefit of due process

      Deedy was also put on paid admin leave during the court date. Not sure how State will handle things if the trial isnt avoided, but could bet money he’s going to keep his job and not worry about anyone trying to remove him

      08/29/13 4:13 AM | Comment Link

    • Joe Mama said...

      26

      Marc – I’ll assume by now you cannot back up your claim about DS agents shooting civilians “fairly often.”

      08/29/13 9:49 PM | Comment Link

    • Lafcadio said...

      27

      I really can’t remember a lot of shootings involving DS agents. I know that the Iraq contractors were n a lot of shootings, but that was Iraq and they technically weren’t agents.

      The one incident I specifically remember where a DS agent killed someone was in Albania. I believe that one was totally justified – the guy was attacking the Embassy.

      I do know that DS, like all police agencies, Federal, state, and municipal, has a lot issues with accidental discharges of firearms, loss of firearms, etc. I do know of DS agents who shot Embassy ceilings, hotel floors, left their pistols in State Department bathrooms, baseball stadiums, etc. Federal grievance law is loaded with improper use of firearms by law enforcement.

      08/30/13 10:09 AM | Comment Link

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