LIHU‘E — Hawai‘i Attorney General Mark Bennett said Friday he was “very pleased” about the outcome of his long day in a Kaua‘i court. Fifth Circuit Judge Randal Valenciano late Thursday denied a defense motion to disqualify Bennett and attorneys
LIHU‘E — Hawai‘i Attorney General Mark Bennett said Friday he was “very pleased” about the outcome of his long day in a Kaua‘i court.
Fifth Circuit Judge Randal Valenciano late Thursday denied a defense motion to disqualify Bennett and attorneys in his office from continuing to prosecute North Shore landowner James Pflueger in the manslaughter case against Pflueger, co-owner of Ka Loko Reservoir.
The manslaughter charges were brought as a result of the deaths of seven people near Kilauea after the breach of the reservoir over three years ago.
“We’re very pleased that the judge completely rejected” the Pflueger defense team’s arguments of a conflict of interest in the Office of the Attorney General, which is representing the state in both criminal and civil cases resulting in the dam breach, Bennett said.
Pflueger is named in several cases in connection with the March 2006 dam breach, including wrongful-death and property-damage claims in civil court. The state of Hawai‘i and County of Kaua‘i are named as co-defendants in some of those suits.
Pflueger is named as either a plaintiff or defendant in 51 separate cases in the state court system, including several involving the breach of the reservoir, which killed seven people after 400 million gallons of water rushed toward the ocean.
Four of the seven bodies were never found.
“We look forward to presenting this case (the manslaughter case) before a jury of Kaua‘i citizens” in April of next year, Bennett said in a telephone interview Friday morning.
The defense motion was to disqualify both Bennett and his entire office on grounds of a conflict of interest. Attorneys have alleged that separate teams are preparing and exchanging documents and doing research in preparation for separate criminal and civil cases.
William McCorriston, one of Pflueger’s attorneys, said he is looking at appealing Valenciano’s decision. An appeal to the Hawai‘i Supreme Court could stall the criminal case against Pflueger until the high court renders its decision.
“There is no right to appeal” Valenciano’s ruling unless the defense sees a right to use an interlocutory appeal, which is one filed before a trial has ended, Bennett said. In this case, the trial has not yet begun.
The state would oppose such an appeal, Bennett said.
Pflueger’s lawyers argued that Bennett and his office were using the criminal case to improve their chances of escaping liability in the civil cases brought by property owners in Kilauea downstream of the dam, and family members of the victims.
Those cases name the state, Pflueger, County of Kaua‘i, the owner of the irrigation system, and others as responsible for the dam breach and subsequent flood.
Pflueger was indicted in November on seven counts of manslaughter. Bennett’s office alleges that Pflueger filled in the reservoir’s emergency spillway, which keeps water from flowing over the top of the earthen dam, thus causing the breach.
The criminal trial was rescheduled for April 2010, and is expected to take six to eight weeks. The civil trial into the wrongful death of the seven victims is scheduled for May 2010, and a separate trial covering property-damage claims will follow.
Several private-practice attorneys and state public defenders were present during part of Thursday’s day-long proceedings, where Valenciano also set a deadline of Oct. 2 for all pre-trial motions.
Bennett said the firm April trial date is to allow attorneys on both sides ample time to prepare for what will be a complex, complicated and lengthy trial.
Pflueger, 83, was present for a portion of the Thursday morning proceedings, where he verified that he had signed documents waiving his constitutional right to a speedy trial.
Both parties agreed to allow Valenciano to continue serving as judge in the trial. Valenciano said that, as a member of the Kaua‘i County Council, he was present when information was brought to the council about Pila‘a resident Amy Marvin’s suit against Pflueger for federal clean-water act violations and other matters.
Outside the courtroom, Pflueger, in a faded brown and white aloha shirt and blue jeans, said he wants nothing to do with Kaua‘i.
“Everything’s for sale here,” he said of his personal holdings on the island.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com
