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To: butterdezillion
What are the loqical options for reasons why the MCPD Chief - who we know was in close contact with counsel, because it took 6 months of wranqlinq with MCPD’s counsel to even qet any responses - would answer leqal FOIA requests (the equivalent of beinq under oath) by sayinq that HRS 841-3 is not in effect?

Without knowing precisely what was asked and precisely what the reply was, I can't answer that. I discount secondhand accounts and paraphrases. (And in any event, I don't really care what he said).

But let's nonetheless look at your options:

1) nobody died

Since the Maui Police Chief (wearing his "coroner's hat") had the M.E. conduct an autopsy, and since afterward there was a funeral attended by quite a number of Fuddy's family, friends, and co-worders, and reported by local television, this option can be ruled out.

2) nobody died in the circumstances that HRS 841-3 requires a complete investiqation

HRS sec. 841-3 speaks to the coroner's duties, and as such, I'm not seeing where "a complete investigation of the cause of the death" entails more than doing an autopsy, plus ascertaining the basics of the circumstances leading to the death so as to properly inform the medical conclusion. HRA s.841-3 just makes mandatory what HRS s. 841-14 makes discretionary (an autopsy, plus such "additional investigations" necessary to determine cause of death). The statute does not convert the medical examiner into a police/forensic crime scene investigator. So what the statute requires was done, which makes any statement that the statute doesn't apply both confusing and somewhat irrelevant.

3) somebody died under HRS 841-3 circumstances but it was outside MCPD’s jurisdiction

As noted in a prior post, that appears to have been the MCPD initial take. Though they later did the autopsy, so ditto here to my reponse to #2.

4) somebody died in HRS 841-3 circumstances in MCPD jurisdiction but MCPD was never notified of the death

No.

201 posted on 11/13/2014 6:38:24 AM PST by CpnHook
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To: CpnHook

So which one of those applies to this situation: 1, 2, 3, or 4? Those are the options. Choose one.


205 posted on 11/13/2014 7:31:23 AM PST by butterdezillion (Note to self : put this between arrow keys: img src=""/)
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To: CpnHook

This was the precise request (for this particular point):

I requested...

“3. Copies of records of the coroner or deputy coroner’s attempts to contact these witnesses in order to get their sworn statements, given that the presence of all those people at the time of death (and up to the declaration of death) was known in Detective Winfrey’s report (p. 23 of what I received) and in news reports;”

MPD Response:

“HRS 841-3 does not statutorily apply, and thus no sworn statements were taken. Statements were taken from the available witness upon being brought to shore and were included in MPD’s Outside Assistance report 13-055314, which was provided to you.”

The “witness” statements in the report were from Hollstein, Rosa Key, and Jacob Key, and the only mention of Loretta Fuddy was Rosa saying that Fuddy sat in front of her on the plane.


209 posted on 11/13/2014 8:04:42 AM PST by butterdezillion (Note to self : put this between arrow keys: img src=""/)
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