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Pflueger's arraignment delayed due to health issue

By Paul Curtis
Special to the Star-Bulletin

POSTED: 01:30 a.m. HST, Dec 03, 2008

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LIHUE » The arraignment of retired Honolulu auto dealer James Pflueger on manslaughter and reckless endangerment charges was postponed until Jan. 6.

Judge Randal Grant B. Valenciano noted that Pflueger was sick and under a doctor's care, but should be well enough to attend the arraignment next month.

Pflueger's attorney, David Minkin, said his doctors will not let him fly from Honolulu to Kauai because of concerns about his health, which is why the arraignment was continued. The 82-year-old had heart valve surgery in August, and has had setbacks after the indictment was returned and is now undergoing tests, Minkin said.

Minkin said Jan. 6 is a tentative date and is dependent upon his doctors clearing him to fly.

Valenciano granted the postponement yesterday morning in Circuit Court in Lihue. Attorneys for both the state and Pflueger participated from Honolulu via conference call.

Pflueger is charged with seven counts of manslaughter and one count of reckless endangerment for allegedly being responsible for improper maintenance of Ka Loko Reservoir near Kilauea on Kauai's North Shore. State attorneys argue that Pflueger covered over the dam's spillway, leading to the dam's breach in March 2006 after heavy rains.

The breach sent an estimated 300 million gallons of water from the reservoir toward the ocean, killing seven people who were swept away, along with their homes.

Pflueger's attorneys have said he will plead not guilty at the arraignment. They contend that others - including the reservoir's maintenance and management entities, and the state Department of Land and Natural Resources - are guilty of negligence for not properly maintaining and inspecting the reservoir.

Star-Bulletin reporter Leila Fujimori contributed to this report.

LIHUE » The arraignment of retired Honolulu auto dealer James Pflueger on manslaughter and reckless endangerment charges was postponed until Jan. 6.


Judge Randal Grant B. Valenciano noted that Pflueger was sick and under a doctor's care, but should be well enough to attend the arraignment next month.

Pflueger's attorney, David Minkin, said his doctors will not let him fly from Honolulu to Kauai because of concerns about his health, which is why the arraignment was continued. The 82-year-old had heart valve surgery in August, and has had setbacks after the indictment was returned and is now undergoing tests, Minkin said.

Minkin said Jan. 6 is a tentative date and is dependent upon his doctors clearing him to fly.

Valenciano granted the postponement yesterday morning in Circuit Court in Lihue. Attorneys for both the state and Pflueger participated from Honolulu via conference call.

Pflueger is charged with seven counts of manslaughter and one count of reckless endangerment for allegedly being responsible for improper maintenance of Ka Loko Reservoir near Kilauea on Kauai's North Shore. State attorneys argue that Pflueger covered over the dam's spillway, leading to the dam's breach in March 2006 after heavy rains.

The breach sent an estimated 300 million gallons of water from the reservoir toward the ocean, killing seven people who were swept away, along with their homes.

Pflueger's attorneys have said he will plead not guilty at the arraignment. They contend that others - including the reservoir's maintenance and management entities, and the state Department of Land and Natural Resources - are guilty of negligence for not properly maintaining and inspecting the reservoir.

Star-Bulletin reporter Leila Fujimori contributed to this report.

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