Less than a week away from opening statements, attorneys in the Special Agent Christopher Deedy murder trial spent the afternoon haggling over what jurors would be allowed to hear and see in this case.
The night of Nov. 5, 2011, ended with Kollin Elderts shot and killed by Deedy at a Waikiki McDonald's.
"I think it's relevant evidence and we hope to present it," said defense attorney Brook Hart.
Hart said video shot by a witness immediately after the shooting will show Deedy was not acting like a killer.
"The absence of those acts show, instead of Deedy assailing the body, he was rendering aid, tried to stop the bleeding, and was perceived as a hero by (the witness) and that is highly relevant," said defense attorney Karl Blanke.
But, prosecutors believe that video will actually help their case, leading Judge Karen Ahn to allow that evidence in court.
It would be the only argument settled on Tuesday.
“He was the one who started this whole incident by killing and murdering Kollin Elderts,” said deputy prosecutor Chasid Sapolu.
Prosecutors believe Deedy was the aggressor.
Defense attorneys hope to not only debunk that, but show a pattern of drinking and violence, for one, with Eldert's prior conviction in 2008, where he attacked police after a liquor-soaked night at a bar.
“Mr. Elderts was drunk and out of control with the police officers arresting him,” said Hart.
Hart also wants to use the toxicology report, which showed, after Eldert’s death, there was alcohol, marijuana and cocaine in his system.
In what could be the final hearing before the trial, Ahn expressed her concern, that this case, and the evidence surrounding it, could quickly get out of control.
“I have a high degree of confidence that we’ll have a fair trial, and Deedy will be able to present the evidence to vindicate himself,” said Hart.