US agent who killed man in Hawaii files to prevent 3rd trial
HONOLULU — The U.S. State Department special agent who fatally shot a man in a Waikiki McDonald’s restaurant has asked a federal court to prevent the state from taking him to trial a third time.
Christopher Deedy’s lawyer filed a petition in U.S. District Court Friday asking the court to declare any further prosecution a violation of Deedy’s constitutional right against double jeopardy.
The 33-year-old stood trial twice in state court for murder. He testified that he intentionally shot Kollin Elderts in November 2011 to defend himself and others. Both trials ended with juries unable to reach a verdict.
The jurors in the first trial ended their deliberations deadlocked eight to four in favor of finding Deedy not guilty of murder. They were not given the option to consider any other charge.
The jury in the second trial found Deedy not guilty of murder but deadlocked seven to five on manslaughter in Deedy’s favor. State Circuit Judge Karen Ahn acquitted Deedy of second-degree murder but ordered a third trial for manslaughter. Deedy appealed.
The Hawaii Supreme Court rejected all of Deedy’s double jeopardy claims and found that Ahn did not abuse her judicial discretion in ordering a third trial. Usually, there are no more appeals after the Hawaii Supreme Court because it is the highest authority for interpreting state law.
Deedy’s petition invokes a federal law that allows U.S. courts to get involved in state court proceedings if a person is held in state custody in violation of U.S. laws, treaties or the U.S. constitution.
Deedy argues that a third trial violates his U.S. constitutional right against double jeopardy. Deedy technically is still being held in custody by the state of Hawaii but is out on bail.
The third trial is scheduled for October.
Korean athlete accused of sex assault allowed to leave Guam
HAGATNA, Guam — A Superior Court of Guam judge has allowed a South Korean soccer player charged with sexual assault to return home for military service, pending his trial.
Byong Oh Kim is accused of sexually assaulting a woman on Jan. 22 at a Guam resort.
Kim was indicted on three counts of third-degree criminal sexual conduct and four counts of fourth-degree criminal sexual conduct. He has pleaded not guilty to the charges.
Kim was on Guam with the Sangju Sangmu soccer team for training in January.
The 22-year-old woman who accused Kim told police that she woke up in a hotel room to Kim rubbing her stomach and breast. She told police that Kim also took off her underwear and raped her.
The woman said she ran out of the hotel room and found a security guard who called police.
Kim’s attorney, F. Randall Cunliffe, has said there’s video evidence from the hotel disputing the allegations made against his client.
Kim, an active duty member of the Korea Armed Forces Athletic Corps, was deemed AWOL because he couldn’t leave Guam and return to his unit after he was charged, Cunliffe said.
Cunliffe filed a motion, asking the court to allow Kim to leave Guam and return to his military unit. Kim was then ordered to be released to Lt. Col. Hyeon Chul Park.
Kim will have to check in with probation through phone or email once a week and must stay away from the woman who accused him of sexual assault. Prosecutors have said the woman accusing Kim lives in Korea, but Cunliffe said Kim’s military base is far from where the woman attends college.
Kim is also restricted to his military base.
Kim will have to return to Guam on July 18 for a court hearing.
