LIHU'E, Kaua'i — Criminal and civil trials regarding the deadly 2006 Kaloko dam breach that were set for September and October have been postponed until spring 2010.

The criminal trial of Kaloko Dam owner James Pflueger on seven manslaughter and one reckless endangering charges is now set for April 12, state Attorney General Mark Bennett said.

The new trial date was agreed to by prosecuting and defense attorneys late last week, after Fifth Circuit Court Judge Randal Valenciano ruled that Bennett and his office could continue to prosecute the case, Bennett said.

Pflueger's attorneys had tried to get Bennett removed from prosecuting the criminal case on the grounds that Bennett's office couldn't both defend the state in civil lawsuits alongside Pflueger and prosecute Pflueger in criminal court.

Bennett has maintained that he is heading the criminal prosecution and has no interaction with state and private attorneys working to defend the state in the civil case.

"We are very pleased that Judge Valenciano ruled that there was no conflict of interest," Bennett said. "We look forward to presenting this case to a jury of Kaua'i citizens."

A group of civil lawsuits related to the Kaloko dam break was postponed from Sept. 8 to May 3.

William McCorriston, Pflueger's lead attorney in both civil and criminal trials, would not comment.

On March 14, 2006, the Kaloko dam breach sent 1.4 million tons of water rushing down a normally benign Wailapa Stream, destroying several homes and other property and killing seven people. An independent investigation completed in January 2007 faulted Pflueger for covering over the dam spillway, a key safety feature.

The Godbey Report also laid blame on the state for its lax dam safety program, Kaua'i County for not enforcing its grubbing and grading laws, and Kilauea Irrigation Co. for inadequate maintenance of the farm irrigation system that used water from Kaloko Reservoir.

Pflueger, 83, was indicted on the seven manslaughter and one reckless endangering charges in November. The retired O'ahu car dealer's criminal trial was originally set for June 15 this year, then moved to Oct. 26.