State Circuit Judge Karen Ahn has removed from her calendar a hearing on a motion by the attorney for Christopher Deedy to dismiss a murder charge against the State Department special agent.

Ahn had scheduled July 13 to hear motions by Deedy’s attorney, Brook Hart, who wants the murder case dismissed.

Deedy, 28, is scheduled to stand trial in Ahn’s court on Sept. 10 on charges of second-degree murder and use of a firearm.

Hart said Thursday he does not view Ahn’s action as a setback. No reason was given for the hearing’s removal from her calendar.

He said there are other motions he is considering, as well as the possibility of moving Deedy’s case to federal court.

Earlier, Hart said Deedy was in Honolulu as a federal law enforcement officer on an official U.S. State Department assignment with the power of arrest and the right to carry a firearm when he shot and killed Kollin Elderts, 23, Nov. 5 at a Waikiki McDonald’s restaurant.

In legal papers filed in Circuit Court June 8 opposing Hart’s request for more materials, city Deputy Prosector Janice Futa said Deedy was "the first aggressor" in an early morning fight inside the fast-food restaurant.

Futa said "independent witnesses stated that Deedy acted as the first aggressor, escalating a verbal argument into a physical confrontation when he (Deedy) thrust kicked Elderts in the chest/stomach area and threw his slippers at Elderts, striking Elderts in the head."

She said all police reports as well as relevant written or recorded witness statements have been provided to Hart.

Futa said Hart is "conducting a fishing expedition" with his requests.

She also said Hart’s request for the criminal records of Elderts, his companion that night — Shane Medeiros — and potential witnesses, and for the birth dates and Social Security numbers of all potential witnesses, is not relevant to the case.

Earlier this month, Ahn, a former congressional aide and television journalist, granted a prosecution request to seal the restaurant’s surveillance videos.

The judge also kept private portions of the court document referring to events depicted on the surveillance videos of the shooting.

Hart and the Honolulu Star-Advertiser, its television news partner Hawaii News Now and online news site Hawaii Reporter opposed the sealing.

Ahn ruled that the videos, if released, would essentially go viral on the Internet and provide images that could jeopardize a fair trial for the prosecution, defense or both.

Hart filed the dismissal motion and exhibits that included the surveillance videos on May 14, which as court filings normally would have been public. But the filings were kept private because of the prosecution’s pending request and the judge’s ruling.

Hart has said federal law empowers a federal officer to act within the scope of his duties to protect a person from a "crime of violence."

Deedy acted, Hart has said, in response to "attacks" on himself and a friend.

The State Department has said Deedy was in Hawaii as a member of its Bureau of Diplomatic Security to provide security for leaders attending the Asia-Pacific Economic Cooperation conference.

Deedy is free on $250,000 bail and has returned to his home in Virginia awaiting the Honolulu criminal trial.