U.S. State Department Special Agent Christopher Deedy missed the 30-day deadline to request moving his murder trial to federal court, but his lawyer justifies the request, saying the events that persuaded him to move the case from state court took place after the 30 days.

Deedy’s lawyer, Brook Hart, made his argument in documents filed in federal court Tuesday in response to the city prosecutor’s opposition to take the case from state court.

Deedy, 28, is awaiting trial for murder in connection with the Nov. 5 shooting death of 23-year-old Kollin Elderts in a Waikiki McDonald’s.

Federal law allows the filing of notices to move criminal prosecutions to U.S. District Court no later than 30 days after a defendant’s arraignment.

Deedy’s arraignment was on Nov. 21. He filed his request to move the case to federal court June 26 — 218 days later.

But the law also says a federal judge can grant the filing at a later time upon a showing of good cause.

Hart said he had every intention to defend Deedy against the murder charge in state court as the 30-day deadline approached.

He said he was aware of the difficult process of securing testimony from federal executive employees in state criminal cases. But he said it was only after the deadline that he experienced delays in the process from the U.S. State and Homeland Security departments.

Hart said contrary to the prosecutor’s claim that she sent him the trial material promptly, he received most of it after the deadline.

He said he was not able to offer Deedy an informed recommendation on whether to move the case to federal court until after the 30 days had expired.