Willacy DA misses court on his indictments of Cheney et.al.

Valley Morning Star:

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.

...

Oh come on! Guerra can't be that naive, can he?

Of course defendants challenge the validity of indictments all the time, especially when they are as kooky as these. Does Guerra seriously believe he can indict the Vice President of the US and other high profile officials and former officials and they not start their defense with a challenge to the indictments?

Guerra is going to be dealing with some top defense council who are not interested in a plea bargain and he better get used to it with what little time he has remaining in office.

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