Guerra claims ignorance of hearing

RAYMONDVILLE - Willacy County District Attorney Juan Angel Guerra said Thursday that he was unaware of a hearing Wednesday on indictments issued against Vice President Dick Cheney, former Attorney General Alberto Gonzales, a state senator and other high-profile public figures.

But, Guerra said, he will be in court today.

Reached by cellular phone while he was returning to Raymondville from Monterrey, Mexico, Guerra said no notice was issued of any hearing and he had taken his normal day off on Wednesday.

"Yeah, I'm headed back," Guerra said. "I couldn't be there (Wednesday), but I'll be there (today). But I think there's supposed to be at least 72-hour notices."

In an e-mail late Thursday, attorney Michael Cowen, who represents state Sen. Eddie Lucio Jr., said Judge Manuel Bañales has entered an order disqualifying Guerra as prosecutor in the cases against state District Judge Janet Leal, state District Judge Migdalia Lopez, former U.S. Attorney Mervyn Mosbacker, former special prosecutor Gus Garza and District Clerk Gilberto Lozano. They are accused in connection with an earlier investigation into Guerra.

"Guerra cannot be both the ‘victim' and the prosecutor. He (Bañales) appointed Al Padilla as attorney pro tem (special prosecutor) on these cases," Cowen said.

Guerra confirmed statements by Willacy County Sheriff Larry Spence and Raymondville Police Chief Uvaldo Zamora that he is a part-time professor at the University of Nuevo León in Monterrey and sometimes brings groups of students from Mexico to tour the courthouse, police station and county jail in Raymondville.

In court on Wednesday, Guerra's secretary told Bañales that she didn't know Guerra's whereabouts and had been calling him all day but was unsuccessful in reaching him.

Guerra said Thursday he was surprised that Bañales was concerned by his absence from court or at the District Attorney's Office. Guerra said he didn't know the judge sent Texas Rangers with sheriff's deputies to his home to check on his well-being.

Bañales, presiding judge of the Fifth Judicial Region, held a hearing Wednesday, planning to hear motions from lawyers representing Cheney, Gonzales, Lucio, the two district judges and other officials, as well as a private corrections company.

Cheney and Gonzales are accused of engaging in organized criminal activity. Charges accuse them of profiting by the neglect of prisoners and undocumented immigrants in a facility operated by Corrections Corp. of America, a for-profit corrections corporation.

Most of the officials are accused of abuse of official capacity and official oppression in connection with the investigation of Guerra.

GEO Group Inc., formerly Wackenhut Corrections Corp., was indicted on murder charges involving the 2001 death of an inmate killed in a Raymondville prison. The indictment accuses GEO of allowing inmates to beat Gregorio De La Rosa Jr., 33, of Laredo, to death with padlocks stuffed into socks.

Guerra said he does not understand why lawyers are challenging the validity of the indictments.

"Why are all these things coming forward right now?" Guerra asked. "Why are we not setting it up for pre-trials (hearings) like we do all the other cases? What is the urgency?"

There is no reason for lawyers to question the way the indictments were handled, Guerra said.

"They were done in the same way we did them with County Judge (Eliseo) Barnhart and he was convicted (of two counts of aggravated perjury)," Guerra said. "I'm not sure why they're getting out of the routine, the regular way we handle indictments."

On Wednesday, Bañales ruled that none of the defendants in the case, including Cheney, Gonzales, Lucio, state District Judge Migdalia Lopez (the only district judge presiding in Willacy County), state District Judge Janet Leal, Guerra's longtime rival Gustavo Ch. Garza (former Willacy DA, now Cameron County justice of the peace at Los Fresnos) need to appear in court if represented by their attorneys.

But Guerra said he had already arranged for the officials to avoid arrest, arraignment and posting bond.

"That is not the judge's doing; that was my doing," Guerra said. "The statute says that, upon presenting of indictments, the prosecutor can request that summons may be issued instead of indictments. I'm the one that requested summons."

Some of the defense attorneys wanted Bañales to hold Guerra in contempt of court and to sanction him for not being at Wednesday's hearing.

"It is insulting to the court and everyone of us," Tony Canales, who represents Cheney, Gonzales and GEO Group, Inc., told the judge.

"He should be man enough to be here," Luis Saenz interjected while Michael Cowen suggested that Guerra had likely known of the proceeding through media reports. Saenz and Cowen represent District Judge Janet Leal and Lucio, respectively.

Bañales' order gave notice of today's 10:30 a.m. hearing. Challenges to the validity of the indictments and, if indictments stand, arraignments and pre-trail hearings will be heard at the hearing.

Some county officials told the Valley Morning Star that they fear they will be named in another group of indictments that Guerra will present to a grand jury in December.

Zamora, the Raymondville police chief, said there is a serious backlog of criminal cases in Willacy County and that after Guerra leaves office in January, the justice system will have its work cut out for it. Guerra lost his bid for re-election in the March Democratic primary.

"He's very unpredictable," the police chief said of Guerra. "He's a loose cannon."

A lot of felony cases have not been prosecuted while Guerra has been involved in disputes with other officials, the chief said.

"There are some very sensitive cases concerning children," Zamora said. "That doesn't go with me. He's supposed to be there to protect the people."

Saenz told Bañales Wednesday that resolving the situation regarding his client, Leal, "is a very urgent matter."

Saenz said that it is "awkward" and "demoralizing" to preside over cases with a cloud over her head.

Attorney Gabriela Garcia, who together with attorney John Blaylock represents Lozano, also told the court that her client is unable to do his job with the indictment hanging over him.
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Brownsville Herald reporter Emma Perez-Treviño contributed to this report.