Attorneys representing plaintiffs suing over the August fires filed a motion last month asking a judge to compel the state provide them with the material gathered by the Fire Safety Research Institute, which was hired by the state to investigate.

The state refused, saying disclosing the records would “jeopardize and hinder” the investigation. In court documents opposing the motion, the state called the request “premature, baseless and frivolous,” and asked a judge to order that attorneys fees be paid to the state for defending against the motion.

During a Friday hearing on the island of Maui, state Deputy Attorney General David Matsumiya told Judge Peter Cahill the state is concerned that releasing information could prompt the six people who haven’t been interviewed yet to change their stories.

Cahill balked.

“Do you really believe that’s going to be happening?” he asked, clearly upset. “And so what if they change their stories? Aren’t they entitled to?”

Cahill seemed to indicate concerns with the investigation, including whether people interviewed were advised that they weren’t obligated to answer questions.

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