HONOLULU (HawaiiNewsNow) - Circuit Court Judge Karen Ahn denied a motion to dismiss on basis of Supremacy Clause Immunity filed by the Defense in the Christopher Deedy trial.
In issuing her ruling, Judge Ahn said to qualify for this clause, it has to pass a two part test: the agent of the law must do no more than what's necessary and proper in performing of duties, and must be charged with an actual authority to do by law. It also must be an act a "justified and reasonable person would agree with the Defendant's beliefs." Ahn said the State raised general factual issues in the first trial that led her to deny the motion on these claims.
Deedy's Attorney Thomas Otake had no comment after the ruling. Christopher Deedy, a federal agent from Virginia, is charged with murdering Kollin Elderts in 2011.
Deedy claimed he shot the Kailua man in self defense. His first trial ended in a hung jury last July.