The family of a Kailua man who was shot and killed by a federal agent says the Honolulu Prosecutor's office lied to them.
Christopher Deedy's murder trial ended in a hung jury. Now, the family of Kollin Elderts fears a retrial will end the same.
"We had no reason to believe that we were being lied to," said Jenell Elderts, Kollin's mother.
Those were strong words from a mother who says the family couldn't believe how the first trial was handled.
"After the prosecutor refused to ask for the possible verdict of manslaughter, our entire family felt abandoned by the Prosecutor's office," Jenell said.
Jenell says leading up to and during the trial, the Prosecutor's office asked the Elderts if asking for a lesser charge was okay. It's something she says the family signed off on.
"The closing statements were done and we actually heard from the news that manslaughter wasn't even asked for. We were floored," Jenell said.
"If he was reckless in what he did in his self- defense claim wasn't properly founded, it's manslaughter. But how do you not ask for it?" attorney Michael Green asked.
Jenell says the family has no faith in the Honolulu Prosecutor's office as it moves forward with another murder trial of federal agent Deedy.
"If they do things exactly the same way they did, that's the only thing that can happen. The same thing will happen," Jenell said.
"How does that make you feel?" KHON2 asked.
"Pissed off, really pissed off," Jenell said.
Kendall Elderts, Kollin's father, was at the trial every day.
"Painful! Same old thing every day, you know, stress," Kendall said.
The second murder trial is scheduled for next summer.
"We will never stop speaking out for our son. He deserves exactly the same rights that the prosecutor gave Deedy," Jenell said.
"So we're just waiting for this case to be over. I'm not being arrogant, but I'm not going to treat this guy like Jan Futa treated him," Green said.
The Honolulu Prosecutor's Office released the following statement:
“The statements made by the Elderts family are not true. No promises were ever made regarding charges. We prosecute cases according to the evidence and the law and are not influenced by civil cases.”
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