Over 60 subpoenas served in probe of Maui disaster response

Mar. 19—The findings from the first phase of a state investigation into how government agencies handled the Maui wildfires that destroyed Lahaina and killed at least 101 people have been delayed and won't be released until April, but 64 subpoenas have been issued in the probe since November.

The findings from the first phase of a state investigation into how government agencies handled the Maui wildfires that destroyed Lahaina and killed at least 101 people have been delayed and won't be released until April, but 64 subpoenas have been issued in the probe since November.

The state Attorney General's Office on Monday said its Phase One findings won't be released until April 17 in the deadly Aug. 8 wildfires, which burned 2, 000 structures and displaced more than 8, 000 people.

The attorney general's report will not include cause and origin of the fire. That separate investigation by the Maui Department of Fire and Public Safety and the U.S. Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives remains ongoing.

The first phase of the attorney general's state investigation analyzes how "the fire incident unfolded, based on science, during the first 24 to 72 hours of the fire and its aftermath, and includes a comprehensive timeline of events, " according to a news release by the Attorney General's Office. It is being conducted by the state's contractor, the Fire Safety Research Institute.

The FSRI investigative team, hired in August, has encountered "unexpected delays when gathering the critical facts for review, " which had a "direct impact " on the findings' release date, according to the Attorney General's Office.

"Initial requests for information were made directly by FSRI investigators. The initial responses from the county were often slow and yielded less information than expected, " the attorney general said in a statement to the Honolulu Star-Advertiser.

In November, subpoenas were served on the Maui Emergency Management Agency, the County of Maui Department of Public Works and the County of Maui Department of Water Supply for documents.

"To confirm that all responsive documents were being provided in response to these requests, the issuance of the initial three subpoenas by the Department of the Attorney General was deemed necessary. Afterward, the County of Maui stated that it would require subpoenas for subsequent document productions and interviews with County of Maui personnel, " the Attorney General's Office said.

Since then, the office served "eight additional subpoenas for documents and 53 additional subpoenas for interviews, to date."

"The Fire Safety Research Institute was seeking documents and data (including photos, video and audio recordings ), along with interviews with key Maui County personnel who worked during those first three days, " the Attorney General's Office said.

"The most important thing to remember is that Attorney General (Anne E.) Lopez is committed to finding the truth for the people of Maui who have lost their loved ones, livelihoods, and property, " the statement said. "This requires gathering all the facts of the first 24-72 hours of the fire and its aftermath."

FSRI now has the information "needed to develop a timeline and conduct an analysis of what happened. The purpose of this investigation is to make sure that this tragedy never happens again, period, " read the statement.

The Attorney General's Office has served additional subpoenas for documents from the Maui Fire Department, Maui Police Department and Maui County Department of Finance.

The subpoenas request interviews with Maui police officers, personnel with the Maui Emergency Management Agency and dispatchers with MPD.

Maui police were cooperating prior to county attorneys mandating subpoenas for cooperation with the investigation.

"We understand the people of Hawaii need to know what happened. We all want fast answers, but it is critical that this investigation be thorough and accurate. An analysis of this magnitude cannot be rushed, and we must allow for the time needed to make sure this investigation, based on science, is done correctly. I am confident that the Phase One report will provide some answers to the questions surrounding the tragic wildfire incident, " said Lopez in a statement. "The scope of this investigation is unprecedented and will help us work together to create a safer Hawaii."

In November, after being served with the first round of subpoenas, Maui County officials said they received eight requests for information, totaling 80 specific items.

Thirty-two of those items were completed and submitted to investigators, and 20 items were pending due to processing or a response from the department that holds the records, the county said. Additionally, in November the county said 12 items required U.S. Department of Homeland Security clearance before they could be produced.

"Our team appreciates the willingness of community members, firefighters, police officers and other emergency workers to share information and their experiences as the wildfires started and began to spread, " said Steve Kerber, vice president and executive director of FSRI, in a statement. "Being able to review all of the data, which is extensive, has a tremendous impact on the comprehensive analysis of the fire incident and our recommendations to make Hawaii a safer place to live, work and play." The Phase One report will contain a detailed timeline of what occurred, while the analysis will be included in Phase Two.

In February the Maui Police Department and preliminary findings from an internal review of its response to the Aug. 8 high winds and wildfires.

The 98-page report was based on 26 hours of recorded radio traffic that was "meticulously reviewed and analyzed to construct an accurate timeline."

MPD's immediate need is to hire and train dispatch operators and more police officers. In August, department personnel included 296 sworn officers and 96 civilians, a sworn-officer shortage of about 25 %, it said.

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