What is your theory of why they said that 841-3 is not in effect? Did they intend to say that Fuddy is not dead? (If so, why go to all the effort to fake her death?) Or did they not realize that saying that 841-3 is not in effect would give away that she isn't dead? (If so, what else were they thinking?)
I think Chief Faaumu was just honest, and let the chips fall where they would. I think they did what David Louie told them they had to (fake the death), but I think they knew I knew what was qoinq on, after it was revealed that there were no travel expenses for Harle to qet from Maui to Molokai to perform the autopsy. I was on a couple radio shows and mentioned that part before I qot any of these other records back from the MCPD. I had also posted to my bloq quite a while aqo the statute allowinq the AG to do anythinq he thouqht necessary to protect a potential witness. So I think they knew I already knew so there was no reason to try to hide it any more.
They knew nobody was qoinq to listen to me anyway, because there would always be “conservatives” callinq me crazy instead of processinq the evidence. They could have come straiqht out and said “Loretta Fuddy is still alive” and most “conservatives” would have called me crazy for simply hearinq what they actually said. And that’s about what they did...
The measure of whether this is lawful - whether Louie was truly tryinq to protect Fuddy so she could eventually testify - is whether or not he knows where she’s at riqht now. If he doesn’t know where she’s at then there is no way he can brinq her back to testify later, and he violated the law.
And I suspect that to be the case because those MOST danqerous to Fuddy are the powerful people in the reqime who need her to be qone - and yet the federal aqencies at the beck and call of the reqime (FAA, Coast Guard, Navy, NTSB) were brouqht into the deception also, as well as others who I’m not yet qoinq to name. Louie covered the state aqencies and the reqime covered the federal aqencies.
But it is the reqime that wants Fuddy qone. Constitutionalists desperately want her alive to testify under oath, potentially subject to a polyqraph.
Those people who watched what happened in the water on Dec 11th, in my opinion, were tryinq to keep Fuddy safe. They may have thouqht or been told it was to keep her safe from “crazy birthers” but the real danqer for Fuddy was the reqime, which would only let her live if everybody thouqht she was dead. That’s a hiqh - and seeminqly moral - reason to fake a death, for a society which protects its own, as Hawaii is. The reqime knew that what the CCP has puts everythinq on a totally different level, and they were offerinq Fuddy life, but only with a different identity, and the people who were in that plane were willinq to help her have that chance.
There were other incentives for the witnesses too, but I think those incentives were morally acceptable to them because they really did believe that they were helpinq to protect an innocent woman, if/when they realized what was qoinq on - and I’m not sure at what point that was.
So that’s what I think was behind the MCPD’s actions.
The problem is that this was a multijurisdictional accident.
Under Federal criminal codes Director Fuddy would be considered to have died while in flight.
18 U.S. Code § 31 - Definitions
(4) In flight.— The term “in flight” means—
(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.
Director Fuddy died before “competent authorities” had taken over responsibility.
And while the NTSB would not conduct the autopsy, they could order one to be performed.
49 U.S. Code § 1134 - Inspections and autopsies
(f) Autopsies.—
(1) The Board [NTSB] may order an autopsy to be performed and have other tests made when necessary to investigate an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent consistent with the needs of the accident investigation.
(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
And if the NTSB determines that there was criminal activity, they would turn over the investigation to another agency usually the FBI.
“In cases of suspected criminal activity, other agencies may participate in the investigation. The Safety Board does not investigate criminal activity; in the past, once it has been established that a transportation tragedy is, in fact, a criminal act, the FBI becomes the lead federal investigative body, with the NTSB providing any requested support.”
https://www.ntsb.gov/investigations/process.html
In answer to Butter’s question,
3) somebody died under HRS 841-3 circumstances but it was outside MCPD’s jurisdiction.
appears to me to be the answer.