Manslaughter is on the table in the Christopher Deedy murder retrial.
In the first go around, the state had an all-or-nothing approach. It was convict Deedy for second degree murder or find him not guilty.
That ended in a hung jury and led us to the retrial.
In court today, Judge Karen Ahn said she will allow the jury to look at two lesser charges: reckless manslaughter and EMED manslaughter, or manslaughter because of extreme mental and emotional distress.
Deedy's attorneys didn't want those options added in the case. They pointed out that there wasn't enough evidence in the first trial to support manslaughter, so why add it now.
Judge Ahn said that the evidence between the last trial and the current trial isn’t identical.
She cited two State Supreme Court decisions overturning convictions because the juries were not told they could consider lesser charges. Both decisions came after Deedy's first trial and Ahn was the judge in both cases.
"It’s not that I want to give it. It’s that I have to give it. The supreme court, they’re the boss okay and we have to follow what they say,” said Judge Ahn.
Closing arguments are expected to start on Tuesday.