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A judge is forcing Hawaii to give wildfire investigation documents to lawyers handling lawsuits

A judge on Friday ordered the Hawaii attorney general’s office to hand over all documents collected by an outside team hired to investigate the disaster to lawyers involved in hundreds of lawsuits related to last summer’s Maui wildfires. , forced them to hand over their interviews and data.

Lawyers representing plaintiffs suing over the August fires filed a motion last month asking a judge to force the state to provide materials collected by the Fire Safety Institute, which the state hired to investigate. did.

Maui Fire Report: Key takeaways from the deadliest U.S. wildfire in more than a century

The state refused to release the records, saying it would “jeopardize and impede” the investigation. In court documents opposing the claims, the state called the claims “premature, baseless and frivolous” and asked a judge to order the state to pay the costs of defending the claims.

Shortly after the deadliest wildfire in the United States in more than 100 years ripped through the historic town of Lahaina, killing 101 people, Hawaii Attorney General Ann Lopez announced the hiring of an outside investigator. Last month, Lopez and representatives from the Fire Safety Institute released a report on the first phase of the investigation. Reports show widespread communications failures left authorities in the dark and residents were not given an emergency warning that the former head of the Emergency Management Agency would not return until the day after the fire broke out, but authorities took action. No conclusions regarding behavior have been drawn.

The aftermath of a wildfire is seen in Lahaina, Hawaii, on August 17, 2023. On Friday, May 3, 2024, a judge forced Hawaii’s attorney general to hand over lawyers involved in hundreds of lawsuits related to last summer’s Maui wildfires. Documents, interviews, and data collected by an outside team hired to investigate the deadly disaster. (AP Photo/Jae C. Hong)

At a hearing Friday on Maui, Deputy State Attorney General David Matsumiya told Judge Peter Cahill that the state could use the release of information to force six people who have not yet been questioned to change their testimony. He said he was concerned about this.

Cahill remained silent.

“Do you really believe that would happen?” he asked, clearly upset. “So what if they change their story? Don’t they have that right?”

Cahill appears to have expressed concerns about the investigation, including whether those interviewed were told they were under no obligation to answer questions.

“By the way, taxpayers are paying for this,” the judge continued.

Lopez said last month that the investigative contract was originally scheduled to be worth no more than $1.5 million, but that the contract was extended because it was behind schedule. According to the updated contract, costs will increase by $2.5 million to a total of no more than $4 million.

The attorney general’s office said in a statement after the hearing that the judge’s order was “gravely concerning.”

“An independent and objective fact-finding process and analysis is critical to determining what county and state officials should do to prevent a tragedy like this from happening again,” the statement said. “If these substances are released early, external factors may influence the analysis.”

The Attorney General is considering options and will soon decide on the appropriate course of action.

Mr. Cahill told Mr. Matsumiya that he understood the state’s concerns, but that not providing information to lawyers would delay the case. He said the investigation is important and hiring an outside agency was a wise investment given the state doesn’t have a fire marshal, “but it’s also important that people get their day in court.” he said.

Cahill noted there are about 400 lawsuits involving thousands of plaintiffs.

“The litigation process is frustrating. Litigation is also a mechanism for seeking truth,” Cahill said.

Attorney David Minkin, representing Maui County, suggested to the judge that there was irregularity in the investigation process.

Without informing them of their rights, the agents “showed up in Lahaina, said they were from the AG’s office, and started talking to people,” he said.

Matsumiya said the state is committed to “protecting the integrity of investigations aimed at creating a better future for Lahaina and all the people who live in Lahaina.”

However, Cahill said, “Given what has happened on this island, the history of this case also needs to be taken into account,” and that a lawsuit will determine whether there was a breach of legal duty.

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At a separate hearing later Friday to discuss coordination of cases, Cahill said a small number of cases are scheduled to be heard in November. ___

This version states that while an April report from the Hawaii Attorney General’s Office showed that the former head of Maui’s Emergency Management Agency did not return until the day after the fire broke out, it is not clear what actions the agency took. He has made it clear that he has not reached a conclusion.

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