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Don Fudo, Deputy Prosecuting Attorney for the City and County of Honolulu, speaks at a hearing before the Hawaii Supreme Court in Honolulu on Thursday, Feb. 2, 2017. Prosecutors who failed to secure a murder conviction after two trials are unjustly trying to get any conviction against Christopher Deedy, a federal agent who shot and killed a man in a Waikiki fast-food restaurant, the agent's lawyer argued before the Hawaii Supreme Court on Thursday, Feb. 2, 2017. (Craig T. Kojima/The Star-Advertiser via AP, Pool)

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From left, Justice Paula Nakayama, Chief Justice Mark Recktenwald and Justices Sabrina McKenna and Michael Wilson preside at a hearing before the Hawaii Supreme Court in Honolulu on Thursday, Feb. 2, 2017. Prosecutors who failed to secure a murder conviction after two trials are unjustly trying to get any conviction against Christopher Deedy, a federal agent who shot and killed a man in a Waikiki fast-food restaurant, the agent's lawyer argued before the Hawaii Supreme Court on Thursday. (Craig T. Kojima/The Star-Advertiser via AP, Pool)

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Chief Justice Mark Recktenwald presides at a hearing before the Hawaii Supreme Court in Honolulu on Thursday, Feb. 2, 2017. Prosecutors who failed to secure a murder conviction after two trials are unjustly trying to get any conviction against Christopher Deedy, a federal agent who shot and killed a man in a Waikiki fast-food restaurant, the agent's lawyer argued before the Hawaii Supreme Court on Thursday. (Craig T. Kojima/The Star-Advertiser via AP, Pool)

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Kalama Okaaina, of a group called Justice for Kollin Elderts, talks to reporters after a hearing before the Hawaii Supreme Court in Honolulu on Thursday, Feb. 2, 2017. Prosecutors who failed to secure a murder conviction after two trials are unjustly trying to get any conviction against Christopher Deedy, a federal agent who shot and killed a man in a Waikiki fast-food restaurant, the agent's lawyer argued before the Hawaii Supreme Court on Thursday. (Craig T. Kojima/The Star-Advertiser via AP, Pool)