Lawyers for landowner Jimmy Pflueger, who was indicted last year for the deadly Kaloko dam breach on Kaua'i, are again trying to get state Attorney General Mark Bennett thrown off the criminal case.

In court papers filed in Kaua'i Circuit Court last week, attorney William McCorriston renewed arguments that the attorney general's office has a conflict in prosecuting Pflueger for the March 14, 2006, tragedy while at the same time trying to shield the state it represents from civil liability.

"In the civil cases over the Kaloko breach, the state and its counsel have an interest in pure advocacy, and doing everything possible to pin the blame on Mr. Pflueger (or anyone else other than itself) and avoid both financial liability and political embarrassment," wrote McCorriston, who said he may seek a dismissal of the criminal charges against Pflueger.

Kaua'i Circuit Judge Randal Valenciano dismissed a similar challenge last November, shortly before Pflueger was indicted on manslaughter and reckless endangering charges.

Bennett yesterday called the filing a "rehash" of the previous challenge and said his office plans to file a response shortly.

"We don't believe it has merit," Bennett said.

A hearing is scheduled for April 14.

The collapse of the Kaloko dam sent an estimated 400 million gallons of water through an area on Kaua'i's North Shore, killing seven people who lived below the dam and destroying parts of a state highway and large sections of an ocean reef.

The families of the seven victims have sued Pflueger and the state.

In the latest disqualification motion, McCorriston said the state appears to be pursuing the theory that Pflueger, a retired auto dealer, filled in a key safety feature on the dam known as a spillway when he was conducting grading work on his land in 1997.

But he said the state did not bring to the grand jury key evidence that releases the 82-year-old Pflueger of any legal liability.

A March 9, 2006, consent decree between Pflueger, the state and the U.S. Environmental Protection Agency required Pflueger to pay a $2 million fine for doing unpermitted grading work on his land many years before. But the agreement, McCorriston said, also released Pflueger of legal liability "for grading work that allegedly filled in the spillway."

McCorriston said he may have to call Bennett, first deputy attorney general Lisa Ginoza and deputy attorney general Kathy Ho to testify about the agreement.