Deedy jury foreman: Deadlocked 8-4 for Acquittal

Hawai'i Free Press

Wednesday, August 28, 2013

Deedy jury foreman: Deadlocked 8-4 for Acquittal
By Selected News Articles @ 12:17 PM :: 11619 Views :: Judiciary, Law Enforcement

Deedy jury foreman: Deadlocked 8-4 for Acquittal

HNN Aug 27, 2013: When the Deedy jury took its initial vote on the first day of deliberations, jury foreman Justin Odagiri said they were evenly divided, with six jurors saying not guilty and another six saying he was guilty.

But Odagiri said over five and a half days, two jurors changed their minds, resulting in a deadlock with eight people saying "not guilty" and four jurors voting to convict Deedy of murder....

He said it would not have necessarily been easier to convict Deedy of the lesser manslaughter charge.

"We were supposed to judge him by those laws, not on what his punishment will be, you know? So, I don't know how much it would have changed, honestly. Because the laws we would have to go by would have been the same instructions," Odagiri said.

Odagiri said as a military brat, he grew up hunting in Montana with a gun.

The Pearl City resident said Hawaii laws on self defense are very vague....

read ... Deadlocked

WATCH: Full interview with Deedy jury foreman

KHON: Longtime lawyers question prosecution’s argument in Deedy case

HNN: Can Deedy get another impartial jury?

SA: City Prosecutor Will Not Push for Manslaughter in Deedy Retrial

SA: Trial judge seals court transcripts: Keeping information on proceedings from the public is called “unconstitutional”

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Mistrial in Hawaii for US agent accused of murder

by Jennifer Sinco Keller, Associated Press, August 26, 2013 (excerpts)

…A judge declared a mistrial Monday after jurors said they couldn't unanimously decide whether a federal agent 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 polled the jurors after the jury foreman said more time would not resolve the impasse in the trial of State Department Special Agent Christopher Deedy. All the jurors, who began deliberating Aug. 15, agreed they could not reach a verdict.

Ahn set a hearing for Friday to determine a date for a new trial, after mentioning possibilities next spring.

"Mr. Deedy does need to go back home and back to work," defense attorney Brook Harttold the judge….

Deedy hugged his lawyers after the mistrial was declared. Hart said Deedy told him, "I love you, you did a good job."

Elderts' family left without commenting to reporters, and a bailiff said jurors declined to speak with the media.

"My reaction is Agent Deedy is not guilty, pled not guilty, is not guilty," Hart told reporters outside of court. "The jury did not find him guilty."

Deputy Prosecuting Attorney Janice Futa's reaction: "Very disappointed."

Jurors were not given the option to consider a lesser charge of manslaughter. Futa said there are no regrets about not asking for manslaughter and that it's not likely prosecutors will request it next time around.

"Not unless there's new evidence that comes out that supports that charge," she said.

Michael Green, the lawyer representing Elderts' family in a civil suit against Deedy, said he spoke with Elderts' stepmother after the mistrial.

"It's a feeling of extreme depression, shock sadness," Green said. "We talked about the possibility of a hung jury as soon as there was no manslaughter instruction given."…

The family believes Elderts was murdered, Green said. "They didn't want manslaughter, they wanted murder," he said. "But they needed closure. They wanted the jury to have an opportunity to decide the verdict with every alternative possible. That would be better than him waking out of the building with nothing."…

read … Mistrial in Hawaii for US agent accused of murder