Hilo court to hear
burial case challenge

Defendants allege that the
state conducted an illegal search

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By Rod Thompson
rthompson@starbulletin.com

HILO >> A Hilo judge was to hear arguments this morning that the state conducted an illegal search of Memorial Mortuary in February while seeking evidence of alleged wrongdoing.

Investigators from the Department of the Attorney General conducted a daylong search of the mortuary Feb. 20, seeking evidence of caskets allegedly being stolen from graves two decades ago. Their search warrant also authorized investigators to seek evidence of alleged illegal sales of pre-need funeral plans and illegal embalming.

Investigators from the Attorney General's Office arrested Memorial manager Robert Diego; his wife, Momi; and their daughter Bobby Jean Diego for second-degree theft on March 20. Hawaii County police released them the next day without charges.

Memorial has said any missing caskets should be blamed on Maunakea Memorial Park, which did the 1980s burials, not the mortuary. The mortuary says its pre-need sales and embalmings have been legal.

The state investigation is based on complaints by Lucille Mossman, the former girlfriend of Robert Diego. Diego is the father of Mossman's 6-year-old daughter.

Diego says Mossman has been trying to damage his reputation since he ended their relationship. Mossman says she wants the truth to come out.

Memorial attorney Brenda Carreira says the February search was based on an affidavit by state investigator Robert Ganzagan.

Carreira says Ganzagan failed to disclose to the judge who approved the search warrant that he is a relative of Mossman.

In a court document filed in answer to Carreira, Deputy Attorney General Daria Loy-Goto says Ganzagan did not just rely on Mossman's claims, he verified them independently.

Carreira wants all of the items seized from Memorial to be returned.

Loy-Goto's document says returning the items would hamper the investigation.