HONOLULU (HawaiiNewsNow) -
Federal agent Christopher Deedy has testified twice, yesterday and last year.
Former city prosecutor Peter Carlisle contrasted his two turns on the witness stand.
"He looked like somebody who was perhaps defensive and somewhat arrogant. Everything that I saw about him this time looked like he was much more relaxed," he said.
Defense attorney Todd Eddins said, during the crucial cross-examination, Deedy held his own.
"Mr. Deedy controlled that interaction. The jury was gripped by his testimony," he said.
Prosecutor Janice Futa and defense attorney Thomas Otake will have one last chance to convince the jury of their case during closing arguments.
Carlisle said Futa should focus on her assertion that Deedy was intoxicated when he struggled with and shot Kollin Elderts in 2011.
"There's a plethora of things that you could focus on, specifically, all of his conduct -- going out with his buddy, bar-hopping from ABCDEFG, and going out with a gun that he did not have to have on his person," he said.
Eddins believes Otake needs to convince jurors Deedy was placed in a volatile situation, so it was necessary to draw his weapon and fire.
"They have to do what they've been doing throughout the trial, which is emphasizing Mr. Deedy's training and experience when these situation arise, and what somebody with his training and experience is expected to do," he said.
Carlisle said if he were prosecuting the case he would want manslaughter as an option for jurors.
"Unless it is a case with absolutely and unbelievably overwhelming evidence, you do not want to have just one or the other -- murder or a not guilty," he said.
We asked Eddins what could happen if the murder retrial ends in another mistrial.
"The prosecution's got to decide if they want to try Mr. Deedy a third time, and I suspect they would. However, it'll be in the judge's discretion whether the case should proceed again," he said.