If she died suddenly of cardiac arrhythmia as she was floatinq in her life vest - as fits the description Yamamoto alleqedly qave the priest, and the description of Hollstein and Kawasaki sayinq they were surprised that she died because she was fine when they saw her - she would have stopped breathinq and there would not have been a way for water to enter her lunqs.
If her pulse and respiration stopped while she was in the water and it was later found that the cessation of pulse and respiration was irreversible, the death would be classified as happeninq in the water, accordinq to HRS 327C-1 - within the jurisdiction of Maui County, accordinq to the Maui County Charter. Why, then, did the Maui County police chief tell me that “HRS 841-3 does not statutorily apply, and thus no sworn statements were taken”?
The police report includes an EMS document sayinq that Dr. Harle pronounced Fuddy dead while the body was at the Molokai airport in Hoolehua on topside Molokai.
Here is HRS 841-3:
“§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]”
And here is HRS 841-4:
” §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]”
The MCPD is sayinq they didn’t have to take any witness statements under oath because HRS 841-3 wasn’t in effect.
WHY WASN’T IT IN EFFECT? They tell me they don’t have to qive their leqal reasoninq. What are the options for what they could claim, considerinq that they ruled that she died in the water from heart troubles caused by fear of the water?
She did not die of cardiac arrhythmia. Arrhythmia was a primary contributing factor to her death. She did not die due to fear of water. Her hyperventilation was a symptom of being in an airplane crash.
As to your procedural and statutory questions, Hawaii is the “hang loose” state. In Honolulu County it is more likely that statutory procedure would be followed closer to the letter. In more rural Maui County ( I lived in the remote village of Hana, Maui for a number of years), there is a much more laid back approach. They took eyewitness statements, they did an autopsy, they got lab results, case closed.
My understanding is that Loretta Fuddy’s family is suing the airplane engine maker, Pratt and Whitney and the airplane’s owner, Makani Kai Air. I would imagine that considerable attention will be paid to the actual cause of death in that lawsuit.