Deedy requests trial become federal caseUPDATED 6:21 PM HST Jun 11, 2013Video Transcript
A federal agent accused of gunning down a man in a Waikiki McDonalds says his case belongs in federal court. Christopher Deedy is accused of killing Kollin Elderts. Deedy says the case is generating a lot of publicity and belongs at the federal level.. KITV4 Cam Tran shows us... The request comes just weeks before the trial is set to start. Christopher Deedy is on trial for murder... And he wants to make a federal case out of it. He's a federal agent, and says he was on duty at the APEC conference when he was involved in a deadly confrontation. KARL BLANKE, DEEDY'S DEFENSE ATTORNEY IN: 4:04 FEDERAL OFFICERS ARE ENTITLED TO A FEDERAL FORUM TO RAISE ANY OF THEIR DEFENSE RELATED TO SERVING AS FEDERAL OFFICER. THE IDEA IS THE FEDERAL COURT IS MORE NEUTRAL AS TO ASSESSING THOSE CLAIMS THAT ARE SPECIALLY AVAILABLE TO FEDERAL OFFICER, IT'S DIFFERENT THAN AN AVERAGE CITIZEN 4:26 Blanke says there's increased media attention on the case and he wants it moved to federal court. That request was denied by the U.S.Circuit Court because he filed it too late. Today, Deedy's attorney tried his luck before the federal Appeals court. BLANKE IN: 02:44 NORMALLY YOU HAVE TO FILE A REMOVAL WITHIN 30 DAYS, BUT IF YOU CAN SHOW GOOD CAUSE OF WHY YOU WANT TO MOVE AFTER 30 DAYS THAT'S ALSO A WAY TO MOVE AFTER THAT INITIAL WINDOW. However, the prosecutor says it's too late... There's a jury selected in the state circuit court, and the July 8 trial date is approaching.. so this appeal is a moot issue. DONN FUDO, PROSECUTOR IN: 08:23 HE CHOSE THE STATE AND NOW HE HAS TO LIVE WITH THAT CHOICE PURSUANT TO THE LAW 8:33 IN:10:39 THE SAME PEOPLE WHO SIT IN THE JURY OF THE HAWAII COURT ARE THE SAME PEOPLE WHO SIT IN THE TRIAL COURTS Cam Tran, KITV 4 News. Blanke has asked for an expedited decision but no word on when the ruling will come down.