After taking about a week off, the murder trial of Christopher Deedy is about to wrap up. Closing arguments are set for Thursday.
Defense attorney Victor Bakke was also a prosecutor for seven years. In his words, the prosecution essentially "blew it" during Deedy's cross-examination.
With trials that involve self-defense, Bakke says it's critical for the defendant to take the stand and tell jurors what happened in his own words. Bakke says Deedy was polished and convincing.
"He seemed very controlled in his thinking and the way he responded and I think that's the best thing about his testimony is that he was able to walk the jury step-by-step through his thinking process as this case evolved," Bakke said.
Prosecutors could have challenged Deedy during cross-examination, but Bakke says their line of questioning didn't go anywhere.
"I think the prosecutor really blew it on that," Bakke said.
He says in some cases, prosecutors helped Deedy by repeatedly asking why he didn't leave McDonald's before the fight escalated.
"When you ask dumb questions like, 'Why didn't you leave?' Of course he's gonna say, 'Because I couldn't, because this guy was endangering the lives of other people,'" Bakke said.
Prosecutors also asked Deedy if he saw Kollin Elderts with a weapon.
"I did not see a weapon in his hand," Deedy said.
"Did you see a weapon on either hand?" asked deputy prosecutor Janice Futa.
"No ma'am," Deedy said.
"That's because there was no weapon. It wasn't even alleged that there was a weapon and those kinds of questions really detract from the credibility of the prosecutor, like where are you going with this?" Bakke said.
Bakke says he can't see the jury finding Deedy guilty of murder. So, he'll either be acquitted or it'll be a hung jury. But if manslaughter was an option, and if jurors believe Deedy acted recklessly, then that's a possibility.
The judge will give jury instructions Thursday morning and let jurors know if they can consider manslaughter.
Closing arguments will follow and will be streamed live on KHON2.com.
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