Emotional Guerra issues demand

RAYMONDVILLE - Willacy County District Attorney Juan Angel Guerra pounded on a courtroom table and fought back tears Friday while demanding state District Judge Manuel Bañales remove himself from the high profile cases resulting from Monday's grand jury indictments.

Guerra demanded that another judge be appointed and that Bañales rescind his appointment of Alfredo Padilla as special prosecutor in five of the cases.

Bañales delayed the trial and called the Texas Supreme Court, asking it to decide whether he should stay on the case or for the higher court to appoint another judge.

Guerra obtained indictments Monday against a host of government officials, including Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales, state Sen. Eddie Lucio Jr., state district judges and special prosecutors on charges of official oppression and abuse of official capacity.

A private corrections corporation and one of its officials were accused of murder and manslaughter in a separate indictment in connection with the death of a prisoner at a Willacy County facility.

Indictments also name state district judges Migdalia Lopez and Janet Leal, and GEO Group Inc., formerly Wackenhut Corrections Corp., and company official David Forrest.

During his Friday arguments, Guerra said the judge had no right to replace him with Padilla, of Brownsville, in five of the cases resulting from Monday's indictments.

Those cases are connected to an earlier investigation of Guerra.

"Bañales seems to be in a big rush to hear motions from defense lawyers to quash indictments," Guerra said.

His one-man district attorney's office was not given a reasonable amount of time to prepare for trial, Guerra said, fighting back tears, adding that his office was not given money to hire an assistant DA.

"These people were indicted on Monday," Guerra said. "What is the urgency?"

There was no such urgency, Guerra said, when he was earlier indicted on charges of theft, attempted theft, tampering with government records, perjury and abuse of official capacity.

Although Guerra's indictments were dismissed in October, he blames the accusations for his defeat in the March Democratic Party primary election.

"When I got indicted, I went to this honorable court and asked to expedite it very quickly -I went to Kingsville - I filed motion after motion after motion to dismiss the indictment or give me a hearing and this court refused," Guerra said.

"And now, all of a sudden, there is urgency! It's an emergency! ... 18 months you kept me indicted," Guerra said.

The judge would not give him a fair hearing for his own case, Guerra said, and let the proceedings drag out, ensuring his re-election chances would be ruined.

"After the election, I said please, Judge, dismiss it on a technicality," Guerra said. "You refused. ... You ignored me. You said, ‘I can't talk to you. I don't have time for you.' This is urgent? What is the difference?"

Members of the grand jury that handed up indictments Monday were able to see the truth, Guerra said.

"Fortunately, 12 citizens of this county ... the grand jury was wise enough to know what happens here in Willacy County, that it was totally an ambush, and this is corruption. It is bringing this county down," Guerra told the judge. "And I'm the only one that is standing before you."
Guerra vowed to continue to fight against what he called "corruption by Eddie Lucio, Migdalia Lopez and all these individuals."

Arguments by defense lawyers that he should be removed as prosecutor go against decisions in past cases, Guerra said.

Even if he is a witness in the cases, he cannot be disqualified as a prosecutor if there is an assistant district attorney to take over his duties, Guerra argued. But both Lopez and county commissioners have refused to approve the salary for even one assistant DA for his office, he said.

Bañales appointed Padilla Thursday to take over Guerra's state duties in the cases against Lopez and Leal and the cases of former special prosecutors Mervyn Mosbacker and Gustavo Ch. Garza. All of those cases involved the earlier investigation of Guerra.

Guerra argued the appointment of Padilla, who is an assistant DA in Cameron County, is invalid because he was not notified of any hearing concerning his replacement.

Because of Guerra's motion to remove him from the case, which Guerra filed during a 15-minute morning break, Bañales refused to rule on motions by defense lawyers.

After calling the Texas Supreme Court, Bañales said the hearing will resume at 10:30 a.m. Wednesday and the Supreme Court will decide whether he remains on the case or another judge takes over.

Guerra was defeated in the March Democratic Party primary election by Bernard Ammerman, a former Cameron County assistant DA, who will take office in January.