A state judge says she will rule within 21 days on whether to unseal transcripts of closed court proceedings in federal agent Christopher Deedy’s murder case, but she declined to specify the reasons she sealed them in the first place.
Circuit Judge Karen Ahn said Monday she will rule on the request by the Honolulu Star-Advertiser and Hawaii News Now to unseal the transcripts of closed proceedings on Aug. 26, when she declared a mistrial for Deedy.
The jury had reported that day it could not reach a verdict.
Jeffrey Portnoy, lawyer for the newspaper and HNN, argued that he wanted to know the reasons the judge sealed the transcripts in order to object and to have a full hearing on the matter.
"There is no legitimate reason to seal any part of those transcripts anymore, based upon the case law out of the (9th U.S. Circuit Court of Appeals), the United States Supreme Court and virtually every court that has dealt with it," he said, noting that the trial has been completed and the jury discharged.
Ahn said her belief at the time was that the closing of the proceedings was "absolutely necessary."
But she also said if she provided reasons for her actions, she would be disclosing matters from the sealed transcripts.
The judge indicated that was a reason she was having a "hard time" dealing with the issue.
"I’m not sure what we’re supposed to be doing," she said.
But she said she will issue a written decision within a 21-day deadline imposed by the Hawaii Supreme Court.
After the hearing, Portnoy said Ahn was supposed to give the media a chance to argue against her reasons for closing the hearings and sealing the transcripts.
"Frankly, I find this morning to be quite disappointing and distressing, not giving us an opportunity to engage in a debate which the Supreme Court indicated they wanted us to have with the court," he said.
PORTNOY said Ahn had never issued a written decision explaining why she sealed the transcripts.
He said the public loses when the transcript is sealed because court proceedings are supposed to be open to the public to help give people "faith in the system."
City Deputy Prosecutor Janice Futa opposed the unsealing, while Deedy’s attorney, Thomas Otake, agreed that the transcripts should be made public.
The mistrial was declared in the highly publicized case after 20 days of testimony and five days of jury deliberations.
Ahn’s decision came after she held several proceedings closed to the public, including clearing the courtroom of media and spectators before holding a closed court session.
In September the Star-Advertiser and HNN asked the Hawaii Supreme Court to unseal the transcripts and prohibit Ahn from closing court sessions without giving the media and public a chance to object. Other media and news outlets filed a legal brief supporting the request.
The Supreme Court temporarily sent the case back to Ahn last month for Monday’s hearing on the unsealing request. It ordered Ahn to issue a written ruling within 21 days of the hearing.
Deedy, a State Department special agent here to provide security for the Asia-Pacific Economic Cooperation conference, is charged with murdering Kollin Elderts Nov. 5, 2011, at a Waikiki McDonald’s restaurant.
Ahn scheduled jury selection for Deedy’s retrial to start in June.
