Judge Randal Valenciano yesterday postponed the Ka Loko Dam manslaughter case against retired auto dealer James Pflueger until 9 a.m., Jan. 6. The Kaua‘i landowner was scheduled to appear in 5th Circuit Court for his arraignment and plea. But his
Judge Randal Valenciano yesterday postponed the Ka Loko Dam manslaughter case against retired auto dealer James Pflueger until 9 a.m., Jan. 6.
The Kaua‘i landowner was scheduled to appear in 5th Circuit Court for his arraignment and plea. But his doctor said the 82-year-old was not well enough to fly from Honolulu to Lihu‘e after suffering complications from a recent heart surgery.
One of Pflueger’s attorneys, David Minkin, told the judge in a teleconference call that, “based on what the doctor is telling us,” he will be able to appear in court next month.
Valenciano said Monday he signed the order to continue the case.
State Deputy Attorney General Mark Miyahara, also on the line in the teleconference, said his office has no problem with the new date for the arraignment.
Pflueger is charged with one count of reckless endangerment and seven counts of manslaughter — one for each person who perished when the Ka Loko Dam burst on March 14, 2006.
If convicted, he could face more than 70 years in prison.
The state has accused Pflueger of filling in the 115-year-old dam’s emergency spillway.
But Pflueger’s attorneys say the indictment is an attempt to shift blame for the breach away from the state.
Pflueger, who claims the dam was old and in poor condition, has denied covering up the spillway.
A large portion of the court calendar in 2009 has been reserved to resolve the civil litigation stemming from the dam failure.
A grand jury returned an indictment Nov. 21 for the state to pursue its criminal case. Pflueger turned himself in to state sheriffs on Nov. 24. He was processed and posted bail shortly thereafter.
Anyone charged with a crime is presumed innocent until proven guilty.
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com
