Judge upholds search
warrant at Hilo mortuary

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By Rod Thompson
rthompson@starbulletin.com

HILO >> A Hilo judge has rejected a request to declare illegal a search warrant used to investigate Memorial Mortuary.

The mortuary is being investigated by the state attorney general for possible theft of caskets from burials two decades ago and alleged disappearance of money from a trust fund in the 1990s.

Brenda Carreira, attorney for the Robert Diego family, which owns and operates Memorial, challenged a warrant executed in February. She said it was too general and based on false information.

Judge Greg Nakamura ruled this week that the warrant was not too general because another judge who signed it "presumably reviewed the scope."

Nakamura also ruled that even if the warrant contained false statements, there was enough good information to issue the warrant.

Carreira said she was surprised Nakamura ruled on the issue of falsity because he had scheduled a hearing on that for May 23. Carreira said she will still try to have the hearing.

But Deputy Attorney General Christopher Young, representing the state, said the judge makes clear the matter is closed.

Following the February search, three members of the Diego family were arrested in March but were released 24 hours later without charges.