Deedy’s Trial–Motions in Limine

Tags: , ,

Categories: Informational

On 4/11/2013, the Hawaiian court held a public hearing for “motions in limine” in Chris Deedy’s trial. A motion in limine is a written request or motion to a judge that can be used for civil or criminal proceedings. They are frequently used at a pre-trial hearing or during an actual trial, and request the judge to rule that certain testimony regarding evidence or information may be included or excluded.

Deedy Trial Motions in Limine

 Photo courtesy of istockphoto.com

 

At Chris’ hearing, the State filed 11 motions in limine to prohibit during trial:
  1. Any comment upon or reference to any “specific instances of aggressive conduct,” “prior bad acts,” and/or “prior criminal record,” of victim Kollin Elderts
  2. Any comment upon or reference to any toxicology tests done on the victim Kollin Elderts; Prohibiting any comment upon or reference to the presence of alcohol, cocaine, and cannabinoids in victim Kollin Elderts’ blood at the time of his death
  3. Any comment upon or reference to “specific instances of aggressive conduct,” “prior bad acts,” “prior arrests for violations where no conviction has been entered,” of any prosecution witness
  4. Referring to Defendant as “Special Agent”
  5. Any comment upon or reference to performance evaluations, award nominations, and/or recognition regarding Defendant Christopher Deedy’s employment in the U.S. State Department
  6. Any comment on or reference to an award given to Special Agent David Meyer due to conduct in an unrelated case and testimony related thereto
  7. Any comment on or reference to Federal Laws, Statutes, Acts, and/or Regulations not relevant to the instant case
  8. Any comment upon or reference to Defendant’s Motion to Dismiss Indictment Based on Supremacy Clause Immunity, as well as any evidence relating to issues raised by that motion
  9. Any comment and/or reference, by a federal agent, regarding an ultimate issue at trial
  10. Any comment upon or reference to a cellular phone video recording taken by Charles Maisch
  11. Any comment on or reference to the fact that State’s Witness Samuel Tong is employed by a company which deals with Genetically Modified Organisms (GMOs)
Deedy’s defense team also filed their own motions in limine:
  1. Establish a 4-day trial week (as is customary in Hawaii) rather that the 5-day trial week proposed by the Court
  2. Proposal to provide a 1-page questionaire to prospective jurors when they report for jury duty.

At the hearing, which was open to the public, Judge Ahn denied State’s Motion #4 and Defendant’s Motion #2.

Defendant’s Motion #1 was granted in part, limiting the jury to 4-day weeks but keeping 5-day weeks for the prosecution and defense.

The Judge determined that the topics of the remaining motions would be more appropriately addressed during trial.

It should be noted that while the Defense argued against each of the State’s motions, the Defense also argued that their substance should be addressed during trial, not in motions in limine, to which the Court agreed.

 

So, what does that all mean?

The prosecution doesn’t want the jury to hear:

  1. that Elderts was arrested and fought with the police in the past,
  2. that Elderts had cocaine and marijuana in his blood, as well as an elevated blood alcohol content at the time of the incident,
  3. that witnesses for the prosecution may or may not have criminal histories that involve aggressive acts,
  4. that Christopher Deedy is a Special Agent,
  5. that Chris has received official awards for exemplary work as a Special Agent,
  6. that the State Department has given an award to another agent for law enforcement acts that took place while off duty in an unrelated incident,
  7. 8. & 9. that Federal Law may contradict Hawaiian law in this case,
  8. that there is a video that may contain content that contradicts the prosecution’s claims,
  9. and GMOs? Seriously? We hope we aren’t the only ones that are confused by that one…

We’re not experts, but it sounds to us like the prosecution was trying to stack the deck in their favor by having a lot of relevant stuff excluded before the trial’s even begun. Chris’ team argued against the limitations, but they ultimately decided it would be better to deal with them as they come up during the trial–and the judge agreed.

 

 

Author: admin

10 Responses to "Deedy’s Trial–Motions in Limine"

  1. […] of Deedy have launched a website, DeedySupport.com, in his defense. The website says “Law enforcement officers should not be treated like murders when […]

  2. Lisa Posted on July 11, 2013 at 3:22 am

    He drank therefore he shouldn’t carry. He is culturally ignorant which is not a crime. However, inexperience and power leads to mistakes which it did here. As a public service employee for violent criminals we are taught that when in the line of duty we cannot use force. Hello he was out drinking and carrying and used lethal force. Maybe law enforcement “special agents” coming to Hawaii should humble themselves and take a course from what HPD can teach them. Pretty sure an HPD officer from here would have handled it brilliantly different. If you aren’t from here do not come here and try to bulk your chest show your “special credentials” and pretend that u can save the world from a scruffle after bar in Waikiki. Hell had Deedy never jumped in people would be alive because the McDonalds workers were more experienced in handling such minor arguments!

    • Jason Posted on August 24, 2013 at 7:31 pm

      …oh,I forgot about those “special forces” trained McDonald’s workers!!Wow,you are sooooo smart,Lisa!

    • Jason Posted on August 24, 2013 at 7:32 pm

      YES,LISA!! I,too,want law enforcement agents to cower in fear from violent KNOWN thugs!! I applaud your extreme intelligence and astute observations!!! I’m a “f*ckin’ haole” in Oahu and I can attest to how loving,cultured,educated and peaceful these “locals” are!!Such a delight and their guttural pidgin language and playful “punching and kicking” of us “haoles” is a joy!! Booooo!To all law enforcement officers that try to protect the law-abiding public from racists and violent bigots here in paradise!!

  3. David Matsumoto Posted on July 14, 2013 at 11:08 pm

    FBI agents are trained to kill when they’re lives are at stake. It became who dies first. Deedy did what he had to do. In the first place Elderts should’ve ordered his food, kept his mouth shut, eat the damn food,and go home. Instead he started everything by bullying Perrine. Eldert’s was probably a bully during his younger days in school too and the State of Hawaii public school system failed him. The DOE is a goddam joke when it comes to discipline. I’m local, I don’t care too much for Haoles (90%) of them but IMHO, we have our share of local punks too. Cocky, with tatoos that like to get wasted and drunk and act al big. He picked on the wrong Haole. The McDonald’s workers will tell the truth. Other witness will just give their view as this trial is becoming a Haole versus local thing.

  4. Deaddy Posted on July 16, 2013 at 2:37 am

    ALL, just check the McDonald’s video. There is a reason why the houles cannot get rid of the derogatory phrase. CAUSE you stupid or at least a couple bad apples make all of you do! Dudes, learn to respect the locals (all races, even your fellow houle bros and sis’) before you ack dumb. Total culture shock for this dude. He donno shit, just what his co-worker told him…”ALL locals hate houles”, which is not true. Knowing that, Deedy couldn’t resist to beef the next “local” that ack’d up. Check Deedy’s girl friend try keep him back couple times. If he was acking right, why would his own friend try hold him back? Try check, Deedy also pushes her aside. Doesn’t look like self-defense in my own eyes. Check it out yourselves. http://www.youtube.com/watch?v=K_CDhTH_EgE 26:40 where is starts. In HD looks better

    • Jason Posted on August 24, 2013 at 7:58 pm

      “Deaddy”,as you “locals” have stated many,many times that if us “haoles” don’t “give you stink-eye” and bow our heads in fear around you,then you won’t hurt us.I’ve lived on Oahu for ten years and the ONLY reason the “locals” haven’t beaten me up is because I don’t frequent your local venues where you act like drunken bullies and avoid your “gangs” that loiter around every beautiful beach park instead of using America’s education system-FREE-or getting a job.(Well,that and I’m a large man that’s in shape.”Local” thugs will not attack me if they are less than three.) Most locals are peaceful enough,but there is a large populace on Oahu that have misguided hatred and blatant bigoted/racist hatred for any “haole” that has a job and drives a nice car.”Locals” BLAME “haoles” for their own lack of education,”stealing” their land,(this is a big one.King Kam 3 sold their land out from under them many,many years ago BUT they hate/blame the American government,as well as African-Americans and caucasian Americans),and taking Hawaiian jobs.These Oahu “locals” run in packs like wild dogs,most are extremely uneducated to the point they can only speak their “pidgin” dialect and all are alcohol/drug abusers-(like Elderts)….Also,”Deaddy”,because you are obviously pompously ignorant about the Deedy/Elderts encounter-Elderts and his “braddah”,Medeiros,were STOMPING the head of a downed man after knocking Deedy to the ground.Both were the epitome of “local” garbage that is the MAIN problem of Oahu.(You do know Oahu,Hawaii is an American state with American laws against attacking law-abiding citizens and law enforcement officers,don’t you??)

  5. Jason Posted on August 24, 2013 at 7:29 pm

    YES,LISA!! I,too,want law enforcement agents to cower in fear from violent KNOWN thugs!! I applaud your extreme intelligence and astute observations!!! I’m a “f*ckin’ haole” in Oahu and I can attest to how loving,cultured,educated and peaceful these “locals” are!!Such a delight and their guttural pidgin language and playful “punching and kicking” of us “haoles” is a joy!! Booooo!To all law enforcement officers that try to protect the law-abiding public from racists and violent bigots here in paradise!!

  6. Lisa Posted on August 26, 2013 at 2:32 am

    Those local “thugs” did not threaten the life of the white man at McDonalds…he testified he did not feel threatened for his life neither did he feel the need for nor did he ask for help. The agent was drinking and carrying. Therefore he should not have gotten involved regardless. When he did he made it worse. He provoked the altercation that led to an unnecessary death. Oh and opinions have nothing to do with my intelligence and astute observations but I do indeed appreciate you recognizing my giftedness!!!

  7. Lisa Posted on August 26, 2013 at 2:35 am

    Oh and it is a pleasure to share such insights with such a knowledgable master of cultural disparities on the island. You clearly are an expert who’s opinions and outlook should naturally be viewed as truth.

Leave a Reply