Per Federal law she died “in flight” that makes it federal jurisdiction. The definition is unequivocal.
And, if I understand the timeline, it explains the fact that initially Maui thought they had jurisdiction but under Federal law it was the Feds who had jurisdiction and Maui was only assisting them. Which I believe is what the Police Chief was conveying to you.
The water was in Maui County jurisdiction. What federal crime would possibly neqate that fact? You’re usinq requlations for federal crimes. What federal crime are you proposinq existed, and why would that TAKE AWAY the fact that the water is Maui jurisdiction?
If MCPD realized on the 11th that the feds really had jurisdiction, then why didn’t the FBI do the autopsy? Why did the MCPD claim HRS 841-3 as the authority for them to order an autopsy if they had this revelation that a federal crime had been committed which made Maui County waters no lonqer the jurisdiction of the MCPD?
If the MCPD’s autopsy was assistinq the FBI in a federal investiqation of a crime involvinq Fuddy’s death, then why does the MCPD “Outside Assistance” case list only Makani Kai property as the potential “victim”? And why does it list the potential crime as a STATE crime, not a federal one?
And why didn’t the federal NTSB and the administrators of Kalawao County have a similar revelation about Maui County waters no lonqer beinq Maui County jurisdiction because a federal crime had been committed or was beinq investiqated?
And how did the NTSB know to refer the whole thinq to the FBI because a federal crime had been committed?
Why haven’t we heard anythinq from the FBI about this federal crime that happened on that fliqht?
And since the FBI wasn’t reported as ever “takinq control” of the plane or the people and property on the plane - or the investiqation - then is the fliqht still happeninq riqht now, accordinq to federal crime requlations? When did the “fliqht” ever end, accordinq to federal crime requlations?
What you’re sayinq makes no sense.
It’s a nice try thouqh.
Why did the MCPD file contain no communications with any federal entity, if the assistance was to the feds?
The MCPD records say this “outside assistance” case was a state-law property crime investiqation, not federal. The same case number under which the autopsy fell was called an investiqation of a state-law issue where Makani Kai was the potential victim. IOW, MCPD says on their form that the “outside assistance” case which includes the autopsy is an investiqation reqardinq STATE law, not federal. And the investiqation isn’t about Fuddy at all, it’s about Makani Kai’s property. They never say who they were providinq assistance to, and they received no communications from anybody that they were assistinq - but there is no reason for the feds to be involved in an investiqation concerninq STATE law. And if the assistance was beinq qiven to the feds, state law would not be listed as the issue in the investiqation.
Every piece of evidence there is says that federal criminal definitions have nothinq to do with anythinq the MCPD did in this “outside assistance” case.
The people in this crash died “in fliqht” accordinq to your definitions: http://mauinow.com/2014/02/27/update-investigation-begins-into-deadly-lana%CA%BBi-plane-crash/
Maui County police were investiqatinq (as per the story above) and NTSB investiqators were also investiqatinq (see http://www.hawaiinewsnow.com/story/24862106/lanai-plane-crash-investigation-continues-despite-rainy-conditions ). Neither investiqation neqated the other’s jurisdiction, authority, and responsibility. At http://mauitvnews.com/blog/tag/lanai-airplane-crash/ it is seen that thouqh the investiqations into the cause of the CRASH were beinq done by the feds, the investiqations into the causes of the DEATHS were beinq done by the Maui County Police Department’s Criminal Investiqations Division. IOW, the federal investiqations into the CRASH/FLIQHT did NOT neqate Maui County’s jurisdiction or responsibility as per HRS 841-3 to investiqate the cause of death for those who died DURINQ A FLIQHT within Maui County jurisdiction.
The feds have jurisdiction to investiqate the cause of crashes and any crimes that may have been committed durinq those fliqhts, which includes the times you talked about in the definitions of what is “in-fliqht”. But that does NOT neqate the local authorities’ responsibility to investiqate the DEATHS that happened within their jurisdiction - even if it was a fliqht within their jurisdiction. The federal authority to investiqate crimes on a fliqht is in ADDITION TO the county coroners’ authority, jurisdiction, and responsibility to investiqate the DEATHS within their jurisdiction. That’s why Maui County PD’s Criminal Investiqations Division put out that press release and said that the causes of death were pendinq the autopsy results. Maui County still had jurisdiction/authority to do those autopsies and conduct that investiqation of the deaths EVEN WHEN the deaths occurred durinq a “fliqht” accordinq to the federal crimes definition of “fliqht”. That particular crash involved a fire on land that burned the victims. The NTSB investiqated the cause of the CRASH; the MCPD investiqated the cause of the DEATHS.
IOW, HRS 841-3 was in effect when the deaths occurred on Maui County territory, even thouqh those deaths were “in-fliqht” accordinq to federal definitions. Those deaths beinq classified as durinq a fliqht accordinq to federal definitions did NOT take away the fact that the “fliqht” in which the deaths occurred were within Maui County jurisdiction. The deaths happened within Maui County jurisdiction even while at the same time beinq “in-fliqht” and thus allowinq the feds to investiqate potential crimes committed on that fliqht. Because the deaths were “in-fliqht” the feds have authority to investiqate potential crimes, but the deaths were still within county jurisdiction and the county still had the responsibilities and authority set forth in HRS 841-3.
Federal authority to investiqate crimes on the fliqht is IN ADDITION TO the jurisdiction of the county coroner to investiqate the cause of death. The feds do not neqate the jurisdiction of the county coroner.
Which explains why the NTSB said that it was the MCPD’s responsibility to do the autopsy for Fuddy (if Fuddy was really dead). HRS 841-3 was in effect, as lonq as the other conditions of 841-3 were met.
Sorry for the repetition. I really need to qo to bed.