ROD THOMPSON / RTHOMPSON@STARBULLETIN.COM Robert Diego (left,), daughter Bobby Jean Diego (center) and wife, Momi Diego (right) were released by Hawaii County police today without charges. They were arrested yesterday on allegations of bilking customers of their Memorial Mortuary in Hilo.

3 in mortuary case
freed without charges

The Diego family was jailed
overnight on theft allegations

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By Rod Thompson
rthompson@starbulletin.com

HILO >> Memorial Mortuary family members Robert, Momi, and Bobby Jean Diego were released by Hawaii County police this morning without charges.

The husband, wife, and daughter Bobby Jean were arrested yesterday by investigators from the office of the state Attorney General, which said they were taken into custody for alleged second-degree theft.

The Attorney General executed a search warrant at Memorial last month, investigating accusations that the mortuary stole caskets from bereaved families in the 1980s, and sold pre-need funeral packages and did embalming without licenses in the 1990s.

An Attorney General statement yesterday gave no explanation of why the Diegos were arrested only for alleged theft.

The Diegos have said they never stole caskets and they currently have all required licenses.

Authorities could have held the Diegos for 48 hours but released them after holding them overnight.

Bobby Jean Diego said the family members were never told why they were arrested. Robert Diego said they were not read their rights until moments before their release.

Upon release, a state sheriff handed Robert Diego a subpoena requiring him to bring mortuary documents. He said the mortuary has no records because the Attorney General confiscated them.

Diego said he looked only briefly at the subpoena, wasn't sure about details, and didn't want to make a statement until his lawyer, Brenda Carreira, has reviewed it.

Police have said they are providing assistance to the Attorney General but are not involved in the investigation.

Police treated them well, Momi Diego said. "The police department was very cooperative. We slept a lot," she said

The three family members were smiling following their release. Bobby Jean Diego said she wanted to smile when police took her picture, but police wouldn't allow it.

The Attorney General has been aware of allegations against the Diegos since Robert Diego's ex-girlfriend, Lucille Mossman, notified several state agencies last summer. Mossman also placed posters on utility poles accusing the mortuary of wrongdoing.

The Diegos say they have been completely cooperative with investigators, helping them find documents during last month's search.