Indicate Hawaii DOH Director Loretta Fuddy Did Not Die
HRS 841-3 mandates that the coroner of a county conduct a complete investigation if they are notified of a death within their jurisdiction that meets certain requirements. The relevant portion (emphasis mine):
§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.
Note there are 3 conditions that have to be met, and if they are met then HRS 841-3 is in effect
a) the coroner has notice of the death
b) the death happened within the coroner's jurisdiction
c) the circumstances of the death fit at least one of the descriptions listed in HRS 841-3
Let's take those in reverse order.
c) circumstances of the death.
The official story regarding Fuddy is that she died of cardiac arrhythmia as she floated in her life jacket after the plane she was in experienced catastrophic engine failure and made a forced water landing close to the shore of Kalaupapa. She was holding hands with Keith Yamamoto and let go, drifting 200 yards away from everybody else by the time rescuers arrived. The first Coast Guard rescuer says Fuddy was the first of the 9 victims in the water that he came upon and when he found her unresponsive he passed her by because USCG protocols demanded it. The second Coast Guard rescue swimmer says when he found her she had no pulse.
The 3 underlined circumstances all apply: the result of an accident, suddenly when in apparent health, and when unattended by a physician.
b) within the coroner's jurisdiction
This one has several components. First off, what is considered the time and place of death? According to HRS HRS 327C-1, the time of death is the first point at which pulse and respiration are both absent, though it may take some time beyond that to know that the cessation of pulse and respiration is irreversible. The relevant portion (emphasis mine):
§327C-1 Determination of death. (a) Except as provided in subsection (b), a person shall be considered dead if, in the announced opinion of a physician or osteopathic physician licensed under part I of chapter 453, physician or osteopathic physician excepted from licensure by section 453-2(b)(3), physician assistant licensed under chapter 453, or registered nurse licensed under chapter 457, based on ordinary standards of current medical practice, the person has experienced irreversible cessation of spontaneous respiratory and circulatory functions. Death will have occurred at the time when the irreversible cessation of the functions first coincided.
According to the story, Loretta Fuddy's pulse was absent in the water off Kalaupapa. According to the official story, she had a heart attack because she was so afraid of the water. So that is her place of death.
Whose jurisdiction is the water off Kalaupapa?
Most of the island of Molokai is part of Maui County, but the Kalaupapa peninsula is its own county, Kalawao. To see who has jurisdiction in the water we have to look at Maui County's Charter and HRS 326-34, which establishes and defines Kalawao County - to see which county includes water. Kalawao County doesn't, per HRS 326-34:
§326-34 County of Kalawao; governance. (a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui, but is constituted a county by itself.
According to the Maui County Charter, the waters adjacent to the islands comprising Maui County are also included in Maui County (emphasis mine):
Section 1-2. Geographical Limits. The Islands of Maui, Molokai, Lana'i, and Kaho'olawe and all other islands lying within three nautical miles off the shores thereof and the waters adjacent thereto, except that portion of the Island of Moloka'i known as Kalaupapa, Kalawao and Waikolu, and commonly known and designated as the Kalaupapa Settlement, shall constitute the county.
So a death in the water off the island of Molokai is a death within Maui County's jurisdiction.
Linda Jordan asked the Hawaii Department of Health Director, Linda Rosen, directly - as to whether Loretta Fuddy's death was under the jurisdiction of Kalawao County (which is governed by the HDOH). She was told that it was under Maui County's jurisdiction, which is why Maui County did the autopsy. So Kalawao County has acknowledged that the death was not in their jurisdiction but WAS in Maui County's jurisdiction.
a) the coroner has notice of the death Among the records I received was a sheet filled out by EMS personnel, saying that Dr. Harle had pronounced Fuddy dead. That sheet was in the report of Deputy Coroner Jamie Winfrey - so she was obviously notified of a death, and was also notified that the death was unattended by a doctor, which means the conditions for HRS 841-3 to be in effect were met:
So if the official story is the way things really happened, HRS 841-3 would be in effect. Loretta Fuddy died in the water, which is Maui County jurisdiction. Her death was unattended, and the coroner was notified of the unattended death.
That's why it floored me when I asked Chief Faaumu for copies of the sworn witness statements required in HRS 841-2 and was told that they were not required because HRS 841-3 was not statutorily in effect!
If HRS 841-3 did not statutorily apply, then something about the official story is not correct. Either her heart did not stop while she was in the water, or she is not dead, or both. As long as her heart stopped in the water and that condition ended up being irreversible (she died), HRS 841-3 applied. The only way it would NOT apply is if there was NO DEATH within Maui County's jurisdiction.
And if there was no death within their jurisdiction, then how did Maui County justify ordering an autopsy? They used HRS 841-14, which authorizes the coroner to do an autopsy of "the remains of the human body appearing to have come to death under any of the circumstances set forth in Section 841-3".
An autopsy could be done even if HRS 841-3 was not in effect, as long as it APPEARED that there was a human body that came to death where HRS 841-3 applied. If HRS 841-14 was in effect but not 841-3, the body that was thought to have come to death under the circumstances of 841-3 had to turn out to NOT be dead under those circumstances. So in Fuddy's case it had to be a doctorattended death, not the result of an accident, AND not a sudden death when she appeared to be in good health. Or she had to not be dead at all.
In other words, if the plane landing was an accident as claimed, then the only reason for HRS 841-3 to not be in effect is if she isn't dead. If, as claimed, her doctor wasn't there watching her die, then the only way for 841-3 to not be in effect is if she isn't dead. If it was a sudden death when she had appeared to be in good health as claimed, then the only way for HRS 841-3 to not be in effect is if she isn't dead.
All the Maui Police Dept records scream out that there was no death within Maui County jurisdiction, because on nearly every page it is noted that this is an OUTSIDE ASSISTANCE CASE. It is NOT a case where Maui County has jurisdiction - as they would have if there had been a death. They are assisting somebody else who had jurisdiction. There were 2 potential "victims" to the state-statute investigation being done with the outside assistance of the Maui Police Department: Makani Kai Air (property damage), and Loretta Fuddy (personal injury).
In the final conclusion to that investigation, Loretta Fuddy was listed as the sole personal victim - not Kawasaki who suffered a concussion, or Marilyn Briley who was hospitalized for injuries, and not Ferdinand Puentes who was tested for spinal injury.
The conclusion was that she had suffered no injury. Which seems very strange, indeed, if the stress of a forced water landing actually killed her.
It DOESN'T seem so strange if she only APPEARED to have died, which would explain not only Chief Faaumu's claim that HRS 841-3 was not in effect, but would also explain the discrepancies that keep popping up all over the place - including the FAA's FOIA response which indicates that there was no engine failure and that no person on that plane died within 30 days of the water landing.
It seems, then, that both the Maui Police Department and the FAA are confirming that Fuddy did not die, even though they possess records claiming that she did.
How could that be? HRS 28-101 gives the HI Attorney General the authority to take ANY ACTION to protect a potential government witness in an investigation that involves great public interest: [...] Continued here.
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