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The Honolulu Advertiser
Updated at 1:54 p.m., Tuesday, January 6, 2009

Pflueger pleads not guilty to Kaloko Dam charges

By Diana Leone
Advertiser Kaua'i Bureau

Hawaii news photo - The Honolulu Advertiser

James Pflueger Sr.

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LIHU'E, Kaua'i — James Pflueger pleaded not guilty this morning to seven counts of manslaughter and one count of reckless endangering in connection with the March 14, 2006, Kaloko Dam break that killed seven people and destroyed property on Kaua'i's north shore.

A criminal trial on the charges was set for June 15 by Fifth Circuit Court Judge Randal Valenciano.

By requesting the June date, Pflueger waived his right to a speedy trial, which would have resulted in a March court date under state law.

Pflueger made his 15-minute court appearance from a private videoconferencing facility on O'ahu. Valenciano had approved the video appearance yesterday, which was requested because of Pflueger's bad health.

Pflueger, who had heart surgery in August, continues to suffer from high blood pressure, double vision, and fluid in his lungs, said David Minkin, an attorney for Pflueger who represented him in the Kaua'i courtroom yesterday.

Minkin said he expects Pflueger will be well enough for a June trial on Kaua'i. He said Pflueger's defense team will decide after reviewing information filed by the attorney general's office whether to pursue a change of venue.

Pflueger, 82, had trouble hearing the judge via the videoconference connection, but was able to respond to questions when William McCorriston, an attorney with him in Honolulu, repeated questions for him.

Pflueger was indicted on the criminal charges Nov. 21 and posted bail of $71,000 the following week. If convicted of the charges, he could face a maximum of up to 20 years in prison for each manslaughter charge.

Meanwhile, two civil lawsuits regarding the Kaloko Dam break are heading into court-approved mediation in March. If no agreement can be reached among the parties, a wrongful death lawsuit is set for Sept. 7 and a property damage suit is to begin in 2010.

State Attorney General Mark Bennett, who is prosecuting the criminal case, alleges that Pflueger took actions that led to the dam failure.

Pflueger's attorneys have maintained he did not fill Kaloko Dam's spillway with dirt, erasing its function as an emergency exit for water when the reservoir is too full.

An estimated 400 million gallons of water burst out of Kaloko Dam and rushed downhill on March 14, 2006, after heavy rainfall for 42 days.

The accident triggered inspections of more than 100 earthen dams across the state and increased staff for the state Department of Land and Natural Resources dam safety program.

Reach Diana Leone at dleone@honoluluadvertiser.com.