Ka Loko investigation can continue

November 19th, 2008 · No Comments

ka_loko_dam Ka Loko investigation can continue
Photo courtesy of Honolulu Weekly

Amid indictment rumors, judge denies Pflueger request to boot AG

With rumors swirling around Lihu‘e’s 5th Circuit Courthouse that a grand jury was set to convene and indict Jimmy Pflueger for his role in the 2006 Ka Loko Reservoir Dam disaster, a motion from his attorney seeking to recuse state Attorney General Mark Bennett and disqualify his office from the investigation on grounds of a conflict of interest was denied yesterday by Chief Judge Randal Valenciano.

In oral arguments, Pflueger attorney Bill McCorriston sought to prevent a potential grand jury from hearing evidence, alleging that because the state is “in the mix” as a defendant in civil lawsuits to be heard starting in February 2009, any criminal charges should instead be handled by a special independent investigator or the county of Kaua‘i prosecuting attorney — “anybody with clear eyes.”

“It looks bad, it smells bad, it is bad,” McCorriston said of the “open and obvious” conflict.

He cited the AG’s recent referral of the investigation of the Department of Business, Economic Development and Tourism and its Director Ted Liu, who allegedly awarded a government contract to the third-ranked bidding company, to the Honolulu prosecutor as an example of how things should be handled.

When asked yesterday if her office would be able and willing to take on a Ka Loko criminal case, county prosecutor-elect Shaylene Iseri-Carvalho said it was premature to discuss that possibility because potential conflicts of interest, due to her role as County Council member or other factors, could not be identified until after she was able to look closely at the investigation.

However, when asked to envision a scenario in which her office had no conflicts, Iseri-Carvalho said, “If the state takes the case to grand jury, it’s difficult for a new agency to come in and pick up the ball from there and continue the case.”