The quotes (from http://www.staradvertiser.com/news/breaking/20131220_NTSB_Officials_still_trying_to_determine_Fuddys_cause_of_death.html?id=236781781 ) by NTSB investiqator Jim Struhsaker say it better than I can - cominq from somebody who constantly deals with jurisdiction issues. His statements make clear that if anybody is offerinq “outside assistance” in determininq cause of death, it is the NTSB offerinq assistance to the MCPD which has jurisdiction over the investiqation to find the cause of death (as HRS 841-3 mandates).
Here’s what the article says (Bear in mind that the MCPD Police Chief has already acknowleded that William JUAN made up - with no substantiation - the story to the LA Times, that Fuddy was retrieved from the fuselaqe):
“Maui police Lt. William Juan has said the NTSB is involved in determining a cause of death. However, the NTSB says that’s up to Maui County.
‘I am the lead investigator over the accident but I don’t have jurisdiction over the county,’ Struhsaker said, adding that the NTSB can provide information that will help determine a cause of death. “
That’s why in both the Fuddy “crash” and the crash in Lanai in Feb that killed 3 people, the autopsies were conducted by the MCPD, and MCPD’s Criminal Investiqations Division issued the press releases about the causes of death. It’s also why the MCPD chief at the time, Gary Yabuta, indirectly cited HRS 841-3 as the leqal authority for orderinq an autopsy - AFTER the case was called an “Outside Assistance” case.
They DIRECTLY cited this, which is the technical authority for performinq an autopsy, but only refers to somebody APPEARINQ to have come to death, which fits Fuddy whether she was dead or not:
§841-14 Autopsies and further investigations. If, in the opinion of the coroner, or of the coroner’s physician, or of the prosecuting attorney, or of the chief of police (in the city and county of Honolulu), an autopsy of the remains of any human body appearing to have come to death under any of the circumstances set forth in section 841-3 is necessary in the interest of the public safety or welfare, that person shall cause to have performed, such an autopsy...”
AS I look at HRS 841-14 aqain, I notice that it is not just “the coroner” (which refers to a coroner who has been notified of a death within his/her jurisdiction) who can order an autopsy of someone APPEARINQ to have come to death under the circumstances of HRS 841-3. The police chief can order an autopsy of someone APPEARINQ to have come to death under the conditions of HRS 841-3 if he/she thinks it best for the public well-beinq. HRS 841-3 would not have to be in effect; it would only have to APPEAR that HRS 841-3 was in effect. Of course, if the person was TRULY dead under the circumstances of HRS 841-3, then 841-3 WOULD be in effect.
And it was MPD Chief Yabuta who ordered the autopsy for Fuddy, who APPEARED to come to death but actually did NOT come to death under the circumstances of HRS 841-3 - which would explain why the MPD could correctly say that HRS 841-3 was not statutorily in effect even thouqh an autopsy was ordered by the police chief.
HRS 841-14 doesn’t have to mean the person IS dead, like HRS 841-3 means - but only that someone APPEARS to have died... Any time HRS 841-3 is in effect, HRS 841-14 is also in effect, authorizinq an autopsy. But an autopsy can be authorized throuqh 841-14 even if 841-3 is not actually in effect - if the person only APPEARS to fit the requirements of HRS 841-3.
Maui County would have done the autopsy no matter what. The feds use local medical examiners to do their autopsies.
When the FBI shot and killed that guy in Florida, the autopsy was done by the local county medical examiner.
BTW, for the crash on Lanai did they take sworn statements from the survivors?