National watchdog calls for federal probe into Maui police’s handling of remains following Lahaina fire

HONOLULU (HawaiiNewsNow) - A national watchdog for government transparency is expressing deep concern over revelations about the Maui Police Department’s handling of human remains following the Lahaina disaster.

For nearly six weeks, Common Cause Hawaii has called on the Maui Police Commission to publicly question Chief John Pelletier about apparent missteps the department made while recovering the remains of Lahaina fire victims.

So far, the police commission has chose not to act.

Now, the organization’s national leadership is getting involved.

“It feels to me that this could be ripe for a federal investigation,” said Heather Ferguson, director of state operations for ethical governance advocate Common Cause.

“There’s a tremendous amount of federal funds that have been allotted to the police department to conduct these investigations. To provide answers to the families that were affected by these tragic fires. And it sounds like there aren’t answers,” Ferguson said.

She added, “There’s a lot more to uncover with this story.”

Published records, along with MPD statements and eyewitness accounts, reveal many of the recovery processes and procedures critical to accurately documenting the location of a person’s death and keeping those remains separate so they’re not lost or confused with other sets of remains weren’t followed.

HNN Investigates confirmed identification numbers that were supposed to be issued immediately upon a victim’s discovery weren’t assigned until their remains had been moved at least two different times. Scene photographs and GPS coordinates weren’t obtained in every case.

MPD leadership also admits instances where body bags were not used to move decedents from their final resting place.

SPECIAL SECTION: HNN Investigates

In addition, emails obtained by HNN Investigates reveal an apparent mix-up in which additional bones from a fire victim were found three weeks after MPD had released the man’s remains to a mortuary.

According to those emails, the newly discovered bones couldn’t be separated from other victims’ remains.

For the family’s privacy we’ve redacted all identifying information.

That email said, “Earlier today I spoke to (mortuary employee’s name) and told her that remains of (victim’s name) is cleared for release and can be picked up on Monday. However, it was determined about an hour ago today that the remains of (victim’s name) cannot be released due to the inability to separate out his remains only. Therefore what we have waited for up until this point will remain in custody of Maui Police and will be scattered with other “group remains” at a later date.”

While the Maui Police Department maintains “no remains were released without absolute certainty of identification” and that families were “informed with care.”

The family in this case told us they were unaware the department is still in possession of a portion of their loved ones remains.

“It’s hard to refute black and white words on paper like that,” said Ferguson.

Over the past month and a half, HNN Investigates submitted four separate requests inviting Chief Pelletier to discuss issues related to victim recovery efforts in an on-camera interview. All were declined.

We also went to the Maui Police Commission asking how it plans to address the apparent mistakes.

Commission Chair Stacy Moniz responded, “Maui Police Commission will not be making a statement.”

Ferguson said, “If I were a member of the public in Hawaii, I would feel that the police commission was not listening to the clear public outcry for additional transparency and answers as to what happened with their loved ones, what happened in the course of the investigation. The public has a right to know.”

When asked why it’s important for the police commission to do its job, Ferguson responded, “The police commission is supposed to provide oversight as well as connectivity to the community making sure the public has a voice.”

Ferguson said if they don’t act, “I would imagine they could be facing a number of civil lawsuits from the families.”

The Maui Police Commission is set to meet Wednesday, Nov. 20, at 10 a.m. at the Maui Service Center on Alaihi St. in Kahului. The public is invited.

While this specific issue is not on the agenda, evaluation of the police chief is.

“The culture of a police department comes from the chief of police, and so I think it’s an ideal time for the public to speak up about their concerns and how the department operates and demand that they get answers to their questions,” Ferguson said.

HNN Investigates asked MPD to respond to Common Cause’s push for a federal probe.

In a statement, spokesperson Alana Pico responded, “Our preliminary after-action report was developed with the assistance of federal partners and has been shared with and presented to federal agencies. To date, Common Cause has not reached out to MPD with any questions or concerns. Additionally, we were unaware of their involvement in any efforts related to last year’s events.”

PREVIOUS COVERAGE

• Emails reveal Maui Police Department still holds portion of Lahaina fire victim’s remains
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• Watchdog group demands answers from MPD chief amid reports department mishandled Lahaina victims’ remains
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