The Kaloko reservoir gave way in March, 2006 killing seven people and opening a floodgate of lawsuits, claims, and counter claims.

Now James Pflueger, who owns part of the reservoir, is accusing the state of a cover-up and wants the attorney general removed from the investigation.

Pflueger's attorney says it is a conflict of interest for the state attorney general to lead the grand jury since the state itself shares blames in what happened at Kaloko.

There are wrongful death civil suits as a result of the breach at Kaloko and there is a criminal investigation into the Kaloko tragedy.

James Pflueger is a central figure in the suits and the criminal investigation.

Pflueger is part owner of the reservoir and is accused of contributing to the dam break by allegedly covering a spillway ... something he denies doing.

Mark Bennett is the State Attorney General. He is leading the grand jury investigation that could result in criminal charges. Pflueger's attorney wants a Kauai judge to disqualify Bennett from the case.

"The reason we are doing this is because of what we perceive to be open and obvious conflicts of interest that the Attorney General has in investigating state activities as well as activities of private third parties," said Bill McCorriston, the attorney representing Pflueger in the civil cases.

McCorriston points to the findings of independent investigator Robert Godbey. He concluded the state failed to conduct dam safety inspections as required by law and failed to adequately fund its dam inspection program.

McCorriston believes the state shares blame for what happened at Kaloko and thinks Attorney General Bennett is allowing a cover-up.

"We know that the state officials have been given a pass. That not one of them has been called before the grand jury. Not one of them has been designated a target or is subject to a grand jury investigation. How can that be? How can there be a fair and impartial grand jury given the reports of state culpability involved in this case?" McCorriston asked.

Bennett immediately responded to McCorriston's allegations.

"We have done nothing in this matter that is in any way unethical or improper," Bennett said.

He denies there is a conflict and said, "there is nothing that warrants this office from not fully taking charge and continuing to take charge of this criminal investigation and we will not be dissuaded from doing that."

While McCorriston does not represent Pflueger in the criminal proceedings he said he is concerned how a biased criminal investigation led by Bennett could impact the civil cases.

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