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Testimony brings more drama to Christopher Deedy retrialUPDATED 8:49 PM HST Jul 23, 2014Video Transcript
Added DRAMA in the court room today -- as the prosecution calls its LAST WITNESS -- in the SECOND murder trial for a federal agent. Kenny Choi joins us from the newsroom with our continuing coverage. Staff brought in displays and high-chairs from McDonald's -- just like the ones in the Waikiki Restaurant -- where Agent Christopher Deedy shot and killed 23 year-old Kollin Elderts. NATS FULL DAY 8/TP1: 00:30 BRINGING IN DISPLAY McDonald's customer Alexander Byrd says -- he missed the initial exchange between the two men. And -- had his back turned when defense attorneys say Deedy identified himself as a agent. But Byrd says he DID witness much of the fight -- that ended in that deadly shooting in November 2011. In HIS re-inactment -- he says he saw Elderts on top of Deedy -- pinning his body and arms -- the two struggling with each other. CONTRARY to testimony by others -- Byrd says even BEFORE the two men hit the floor -- he'd already heard 4 SHOTS -- and saw spots of blood on the ground. DAY 8/TP 1 @ 234-48 WHY DID YOU NOT RUN OUT EARLIER? BECAUSE, INITIALLY WHEN MR. DEEDY WAS FIRING, IT DIDN'T SEEM TO BE HITTING KOLLIN IT WAS JUST EVERYWHERE. SO, I DIDN'T I DIDN'T WANT TO TAKE THE RISK OF CATCHING A STRAY BULLET. DAY 8/TP 1 @ 1809 I SAW THE BACK OF THE TOY DISPLAY, THAT'S ALL I SAW FROM THERE. REMEMBER SAYING THAT TO THE DETECTIVE? YES. In cross-examination, defense attorney Tom Otake poked holes in Byrd's testimony. For one, Byrd now saying the scene he'd just re-enacted -- happened in a FLASH. DAY 8/TP 1 @ 1631-42 YOU JUST WENT INTO GREAT DETAIL WITH EVERYTHING YOU SAY YOU SAW BEHIND THE TOY DISPLAY RIGHT? YES. YOU SAID YOU WAITED THERE 5-6 SECONDS, DESCRIBED, THE POSITIONS OF THE HANDS AND WHERE THEY WERE RIGHT? YEAH. DAY 8/TP 1 @ 1613-17 MR. BYRD YOU WERE BEHIND THE TOY DISPLAY FOR ONE SECOND WEREN'T YOU. YES. Byrd says parts of his testimony CHANGED -- after he had time to think about what he really saw. Byrd was the last of 18 WITNESSES called by the prosecution. The defense began its case this afternoon -- starting with a bartender and Deedy's friend -- who was there that night.