One day after the mistrial in the Christopher Deedy murder case, the city prosecutor is firing back at critics.
Keith Kaneshiro says prosecutors also have every intention of putting the federal agent back on trial for second-degree murder.
Kaneshiro says the manslaughter option was based on the judge's ruling. As for the trying the case himself, he says deputy prosecutor Janice Futa was perfectly capable and will try the case again.
"We fully intend to retry the case a second time," Kaneshiro said.
Kaneshiro made it clear that he expects Judge Karen Ahn to rule that there will be a retrial. And there will be no changes as to what to charge Deedy.
Kaneshiro says he agrees with the judge's decision that there was no basis to include manslaughter as an option, which is why prosecutors never asked for it.
"The judge looks at the evidence. The judge made her decision on evidence and it's the judge's ruling to make a decision on what jury instructions are to be admitted based on the evidence," Kaneshiro said.
Kaneshiro also addressed the critics who said that prosecutors should have argued for the judge to allow the jury to consider manslaughter.
"People who talk about the case, they're not sitting in the courtroom every day, they're not listening to the witnesses every day. They do not know all the evidence of the trial," Kaneshiro said.
Legal experts have also criticized Kaneshiro for not trying the case himself.
"Janice Futa is an excellent trial attorney. She has tried numerous murder cases. If you look at the legal experts talking to you folks, she tried more murder cases than they tried together," Kaneshiro said.
Kaneshio says Futa has tried more than 20 murder cases, although he admits it has been several years since the last one.
Throughout the trial, Kaneshiro says he was constantly informed about the decisions being made.
KHON2 spoke with Deedy's attorney, Brook Hart. He agrees with Kaneshiro that there is no evidence to support a manslaughter verdict.
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- Former prosecutor says Deedy retrial would not benefit either side
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- Mistrial declared in Deedy murder trial
- Lawyer: Jurors in Deedy murder trial stuck without manslaughter option
- Former prosecutor shares insight as deliberations continue in Deedy murder trial
- Closing arguments wrap up in Deedy murder trial
- Former prosecutor breaks down Deedy's testimony
- Prosecutors: Deedy could have walked away from the confrontation
- Special agent Deedy explains why he drew his gun
- Special agent accused of murder takes the stand
- Nurse: Special agent did not appear drunk the morning of deadly shooting
- Friend told special agent 'Let's just go' moments before the deadly shooting
- Defense calls first witness to the stand in Deedy murder trial
- Police detective testifies in Deedy murder trial, last prosecution witness
- Friend of victim cross-examined, explains why he didn't leave
- Deedy's friend back on the stand, claims he was severely beaten before the shooting
- Deedy's friend chronicles night of deadly shooting
- Bullet expert takes the stand in Deedy murder trial
- Evidence specialist: Deedy smelled of alcohol hours after deadly shooting
- Former Marine describes threat made before deadly shooting
- Arresting officer, eyewitness testify in Deedy murder trial
- Man in middle of deadly fight didn't feel threatened
- Prosecutors show surveillance video in Deedy murder trial
- Deedy trial day 2: Victim's friend gives emotional testimony
- Trial underway for federal agent accused of Waikiki murder
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