LIHU'E, Kaua'i — State Attorney General Mark Bennett remains the prosecutor for the criminal case against retired car dealer Jimmy Pflueger in connection with the Kaloko Dam breach that killed seven people in 2006.

Kaua'i Circuit Court Judge Randal Valenciano today denied a motion by Pflueger's lawyers alleging "prosecutorial misconduct" by Bennett before the grand jury that indicted Pflueger Nov. 21 on seven counts of manslaughter and one count of reckless endangering.

The judge agreed with Bennett's argument that he conducted the grand jury inquiry appropriately.

Valenciano also denied Pflueger's request that the judge dismiss the entire criminal case because Bennett neglected to present evidence to the grand jury that could have cleared Pflueger of blame in the dam break.

A grand jury proceeding is to establish probable cause that a defendant could have committed a crime, Valenciano said in keeping the case alive. "A prosecutor does not have to put on the defense case" before the grand jury, he said.

The judge set aside May 12 and 13 to continue hearing arguments, which began Tuesday, as to whether the attorney general's office should be relieved of prosecuting the criminal case because there is an inherent conflict of interest between that role and the state being a co-defendant with Pflueger and others in pending civil trials.

Bennett has insisted that separate teams in his office are handling the criminal and civil cases and there is no conflict.

All of the claims "continue to be as we've said before, totally without merit," Bennett said.

"We're pleased with the court's ruling and look forward to a trial of this case before a jury of Kaua'i citizens," Bennett said.

Brian Sun, a California-based lawyer that is on Pflueger's defense team, said the group is "disappointed" with Valenciano's ruling. "But we're encouraged that the court recognized a lot of what we're talking about as evidence shed a different light on the case than that presented to the grand jury.

"We maintain that he (Pflueger) was not legally or factually responsible for the tragedy at Kaloko," Sun said.