How Deedy’s second murder trial will differ from the first

After a mistrial last July, Christopher Deedy will soon be back in a Honolulu courtroom, once again standing trial for murder.

Deedy is accused of shooting and killing Kollin Elderts at a McDonald’s in Waikiki in November 2011.

Jury selection for a retrial is scheduled to start Monday and Deedy has a new lawyer, Thomas Otake.

KHON2 asked defense attorney Victor Bakke — who is not involved in this case — how this trial will be different from the last.

“One of the big problems that is already happening for the defense is that the judge is reconsidering her prior rulings for the first case,” he said. “She’s ruled not to allow part of a video to show to the jury.”

The video in question shows Deedy giving the victim CPR.

Also, “the defense will not be able to introduce evidence that the victim had a prior disorderly conduct and that was how the original trial ended,” Bakke said.

Bakke believes the prosecution has the upper hand in a retrial because prosecutors now have the opportunity to fix mistakes that came up in the first trial.

“The fact that there are different rulings and they’re tending to be in favor of the prosecution makes that job of the defense attorney much more difficult,” he said.

As for another challenge, “it’s going to be difficult to get jurors who will come in with an open mind because people have seen at least the video of events and may have formed their own conclusion already.”

Another concern is the length of the last case. Bakke says this trial could take longer.

A former jury member, who asked to remain anonymous, told KHON2 it is an exhausting process.

“We would put our personal lives on hold or on the side for two months roughly and that was the hardest part,” he said.

Deedy’s attorney had asked for the case to be dismissed, but a judge denied the motion.

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