LIHU'E, Kaua'i — Former Kaua'i Mayor Maryanne Kusaka is among those subpoenaed to appear before a grand jury investigating possible criminal charges in connection with the March 2006 failure of the Kaloko Dam.

Kusaka has not yet appeared before the grand jury, which met Monday and Tuesday at the Kaua'i County Courthouse, Kusaka's attorney Mel Miyagi said today. Kusaka appearance before the grand jury has not yet been scheduled, he said.

The state attorney general's office used a courtroom at the courthouse Monday and Tuesday, a courthouse employee confirmed yesterday.

Several attorneys told The Advertiser today that they became aware of the grand jury proceedings Wednesday, when they were at the courthouse for a hearing on two civil lawsuits regarding the dam tragedy.

The Kaloko disaster killed seven people, wiped out two homes, and damaged the Kuhio Highway and other properties downstream from the agricultural irrigation dam. Survivors of those killed and those with property damage are suing dam owner Jimmy Pflueger, a retired O'ahu auto dealer, and many other parties in separate wrongful-death and property-damage lawsuits.

Attorneys for Pflueger sought Wednesday to postpone trials from next year to 2011.

Fifth Circuit Judge Kathleen Watanabe denied the request for postponement and said the first of the two trials will begin Feb. 7, 2009, as scheduled, said Teresa Tico, who is among attorneys representing lawsuit plaintiffs.

Attorneys for both the plaintiff and defendant sides of the civil lawsuits told The Advertiser that their role in the civil cases makes it inappropriate for them to speak about possible criminal proceedings. They said, however, that Wednesday was the first day they were aware of the grand jury sessions.

The state attorney general's office did not return calls this morning and early afternoon to comment.