Motions to quash filed in Willacy

RAYMONDVILLE - Lawyers representing Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales, state Sen. Eddie Lucio Jr., two state district judges and other officials on Wednesday asked a judge to dismiss a stack of grand jury indictments.

The attorneys also asked the judge to consider holding Willacy County District Attorney Juan Angel Guerra in contempt of court if he fails to show up for a hearing on Friday.

The defense lawyers asked the judge to dismiss the indictments because they claim proper legal procedure was not followed. There are questions about who served on the grand jury, who signed the indictments and why they were not presented to a judge in open court.

The lawyers all said Guerra, who claims to be a victim of crimes, cannot be the prosecutor, a witness and the victim in the same case.

However, Judge Manuel Bañales, who supervises state district judges in 20 South Texas counties, did not rule on the motions and has scheduled another hearing for Friday.

Cheney, Gonzales and the others will not be arrested, and do not need to appear in person at the arraignment, Bañales said.

Half of the eight high-profile indictments returned Monday by a Willacy County grand jury are tied to privately run federal detention centers.

The other half target judges and special prosecutors who played a role in an earlier investigation of Guerra.

One indictment charges Cheney and Gonzales with engaging in organized criminal activity. It alleges that the men neglected federal prisoners and are responsible for assaults in the facilities.

The GEO Group, formerly Wackenhut Corrections Corp., was also 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.

Lawyers and news media waited most of the day Wednesday for Guerra to appear at the courthouse, but he was not present when Bañales began a hearing at 4 p.m.

Bañales, of Corpus Christi, presiding judge of the Fifth Judicial Region, told the group of about a dozen lawyers, "At the very least, I expected the district attorney to be here."

He questioned Guerra's secretary and District Clerk Gilbert Lozano about Guerra's whereabouts. "Are you concerned for his personal safety?" Bañales asked.

The judge asked Texas Rangers to go to Guerra's home before Friday to search for him and notify him he is to appear in court Friday.

Guerra's secretary said she had no idea where the district attorney was and that her repeated telephone calls went unanswered all day Wednesday.

Defense lawyers told the judge that Guerra is mocking the judicial system because, even though notices were not sent out announcing Wednesday's hearing, Guerra was available to comment about the indictments to television crews on Tuesday and was fully aware of the situation.

Although the judge refused to hold hearings Wednesday on motions to dismiss the indictments and disqualify Guerra as prosecutor in the cases, he agreed to excuse the officials accused of crimes from being arrested or to post bond.

The officials named in the eight indictments do not need to personally appear in court, but must be represented by lawyers on Friday, Bañales said.

"I recognize that each defendant is a public official," the judge said.

Instead, he will issue a summons for each official, and lawyers need only to present signed waivers of arraignment for their clients.

Michael Cowen, attorney for Lucio, said the senator wants any trial to be held while Guerra is still in office.

Guerra was defeated in the March Democratic Party primary election, so his term expires Dec. 31.

Attorney Eddie Rodriguez of Brownsville, defending state District Judge Migdalia Lopez, argued that under state law Guerra may not be the victim, a witness and the prosecutor in the same case.

The judge said he will "probably appoint an attorney pro tem (special prosecutor) to review the indictments on Friday."

But Bañales refused to rule on any of the motions presented by attorneys until at least Friday.

"The state of Texas is not present, which is a rarity in my experience," Bañales said. Someone must represent that state and either ask that the indictments go forward or be dismissed, the judge said.

Tony Canales, attorney for Cheney, Gonzales and GEO Corp. (formerly Wackenhut Corrections Corp.) said he has not been able to inspect the minute book for the grand jury, which is supposed to be public record and available in the District Clerks's Office.

He asked the judge to order the district clerk to show him the book because he has questions about how many members of the grand jury were present when the indictments are issued. He said he cannot even find out who the person is who "scribbled their name" on the indictments as foreman of the grand jury.

Former Cameron County District Attorney Luis Saenz, representing state District Judge Janet Leal, said his client is in the middle of presiding over a murder trial and is very disturbed "that she is sitting in judgment of other people while this cloud is hanging over her head."

He urged Bañales to quickly review the indictments and dismiss them because they were not legally issued.

When the indictments were issued Monday, Leal temporarily turned her trial over to retired state District Judge Menton Murray Jr. until the Texas Commission on Judicial Conduct on Wednesday ruled that neither Leal nor Lopez should stop hearing cases because of the Willacy indictments.

"It is insulting to the court that he is not here," Canales said of Guerra. "If he's in the hospital, I can understand that. But if he's just out shopping ... he had time to comment to the television news last night."