I’m trying to find out if Hawaii requires autopsies to be videotaped. Not having much luck with that, but I did find at http://openjurist.org/800/f2d/1463/kealohapauole-v-shimoda that an autopsy was videotaped in a case where the body was partially-decayed and the subject of a murder investigation. So it’s reasonable to think that autopsies are videotaped at least when there is suspected murder.
It’s important to remember that the NTSB was required to treat the crash site as a crime scene because there was a death involved, and they were responsible to see to it that an autopsy was conducted. I would presume that would include the autopsy being conducted in accord with protocols for a criminal investigation. Which would involve a videotape of the autopsy.
What diagnostic tests did the medical examiner do? Are samples retained, photographs taken, and videotape of the autopsy under seal currently?
Is the body available for re-examination if a murder trial commences?
These are questions that the Maui County Police Chief should be asked.
Looking at some HI statutes, starting at http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0841/HRS_0841-0003.htm :
§841-3 Duties. As soon as any coroner or deputy coroner has notice of the death of any person within the coroner’s or deputy coroner’s jurisdiction as the result of violence, or as the result of any accident, or by suicide, or suddenly when in apparent health, or when unattended by a physician, or in prison, or in a suspicious or unusual manner, or within twenty-four hours after admission to a hospital or institution, the coroner or deputy coroner shall forthwith inquire into and make a complete investigation of the cause of the death.
Any person who becomes aware of the death of any person under any of the circumstances set forth above shall immediately notify the coroner or deputy coroner of the known facts concerning the time, place, manner, and circumstances of the death.
Any person who fails to report the death of a person under circumstances covered herein shall be subject to a fine of not more than $100. [L 1935, c 90, §3; RL 1945, §10903; am L 1949, c 355, §1; RL 1955, §260-3; HRS §715-3; ren L 1972, c 9, pt of §1; am L 1977, c 153, §1; gen ch 1985]
>>>>
§841-4 Testimony under oath reduced to writing. The testimony of all witnesses examined by any coroner or deputy coroner pertaining to the death of any person wherein a coroner’s investigation is required, shall be taken under oath, reduced to writing by the coroner, or deputy coroner or by some other person by the coroner’s or deputy coroner’s direction, and subscribed to by witnesses. [L 1935, c 90, §4; RL 1945, §10904; RL 1955, §260-4; HRS §715-4; ren L 1972, c 9, pt of §1; gen ch 1985]
>>>>
§841-5 Form of oath. The coroner or deputy coroner may administer an oath to the witnesses as follows:
“You solemnly swear that the evidence you shall give to this inquest concerning the death of the person (giving the name of the person dead if possible) which is now under investigation, shall be the truth, the whole truth, and nothing but the truth: SO HELP YOU GOD.” [L 1935, c 90, §5; RL 1945, §10905; RL 1955, §260-5; HRS §715-5; ren L 1972, c 9, pt of §1]
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§841-6 Subpoenas; penalty for failure to comply. The coroner or any deputy coroner may issue subpoenas for the attendance of any witnesses that the coroner or any deputy coroner may deem necessary to interrogate in the death then under investigation, returnable forthwith or at such place and time as the coroner or any deputy coroner shall therein direct.
Any person who fails to comply with the requirements of such a subpoena upon conviction before any district court having jurisdiction in the matter, shall be fined not more than $25. [L 1935, c 90, §6; RL 1945, §10906; RL 1955, §260-6; HRS §715-6; ren L 1972, c 9, pt of §1; gen ch 1985]
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I’ll stop there for now. It’s no wonder they had Michelle Obama, Eric Holder’s wife, and Valerie Jarrett there while the acting coroner was trying to figure out a cause of death... In requesting the autopsy report, all those depositions, in writing, should be included with the autopsy report. The autopsy makes much of her emotional state in the water. I’d like to see the sworn statements of the witnesses on which that assessment was based...
Going on. 841-7 “The local agent of the department of health shall be notified in writing of the reason for the delay, if the cause of death cannot be determined within three days.”
I guess we need to request that document...
841-8 “(a) Every coroner, or deputy coroner, shall, without delay, forward to the county attorney in the case of coroners for the counties of Maui and Kauai, and the prosecuting attorney in the case of coroners for the city and county of Honolulu and the county of Hawaii, a true and correct copy of the inquisition. “
Wasn’t that the guy in Maui County who was in a fiery plane crash not too long ago, and managed to get a couple of his co-workers pulled out of the fire but suffered serious burns himself?
841-9: “Upon the application by other than governmental agencies for a certified copy of any coroner’s report and inquest, the coroner or deputy coroner shall collect the sum of $2 as a governmental realization for the preparation and issuance of the same. “
That doesn’t discriminate between who can and can’t receive a certified copy of a coroner’s report.
841-14.5: “An autopsy of a deceased person under this chapter shall be performed by an anatomic or forensic pathologist certified as such by the American Board of Pathology”
I wonder what the standards are for certified pathologists...