On Friday a judge forced Airport The Attorney General’s Office turned over lawyers involved in hundreds of lawsuits last summer maui All documents, interviews, and data collected by the outside team appointed to investigate the disaster are burned in a wildfire.
Lawyers representing thousands of plaintiffs in nearly 400 lawsuits over the August blaze filed a motion last month asking a judge to force the state to provide materials collected by the Fire Protection Research Institute, which the state Was appointed for investigation.
The state refused, saying that disclosing the records would “jeopardize and hinder” the investigation. In court documents opposing the motion, the state called the request “premature, unfounded and frivolous”, and asked a judge to order that the state be paid attorneys’ fees to defend against the motion. .
Shortly thereafter, the deadliest American wildfire in more than a century devastated the historic city lahaina and killed 101 people, Hawaii Attorney General Anne Lopez announced the appointment of outside investigators. Last month, Lopez and representatives of the Fire Protection Research Institute released a report on the first phase of the investigation, saying the head of the emergency management agency was digging in his heels about returning to the island amid the looming crisis. While there was a widespread communication breakdown. Officials are in the dark and residents are without emergency alerts.
During a hearing Friday on the island of Maui, state Deputy Attorney General David Matsumiya told Judge Peter Cahill that the state is concerned that releasing the information could prompt six people who have not yet been interviewed to change their stories. Has happened.
Cahill protested.
“Do you really believe this is going to happen?” he asked, clearly upset. “And what if they change their stories? Don’t they deserve it?”
Cahill indicated concerns about the investigation, including whether those interviewed were advised that they were under no obligation to answer questions.
“Well, the taxpayers are paying for it,” the judge added.
Lopez said last month that the investigation contract was initially worth no more than $1.5 million, but because they were behind schedule, the contract was extended for a year.
Cahill told Matsumiya that he understood the state’s concerns, but that not providing information to attorneys would delay the litigation. The investigation is important, and hiring an outside agency was a wise investment because there is a shortage of fire marshals in the state, he said, “but it is also important that people have their day in court.”
“It’s frustrating the litigation process,” Cahill said, “which is also a truth-seeking mechanism.”
David Minkin, an attorney representing Maui County, suggested to the judge that the investigative process was corrupt.
Investigators “came to Lahaina, said we’re here from the AG’s office and started talking to people,” he said, without telling them their rights.
Matsumiya said the state is “trying to protect the integrity of the investigation, which is designed to create a better future for Lahaina and all those who live in Lahaina.”
But Cahill responded that “in this case the past, what has happened on this island, also has to be taken into account,” and the litigation would determine whether there was any legal breach of duty.
A separate hearing was scheduled for later Friday to discuss coordination of the trials.