Hearing comes to a halt, DA in Texas indictment case files motion to recuse judge

By Emma Perez-Trevino / Brownsville Herald

RAYMONDVILLE - A recess has been called at a hearing in Willacy County where attorneys representing U.S. Vice President Dick Cheney, former Attorney General Alberto Gonzales and other state, federal and local officials are attempting to quash a number of indictments that accuse the officials of various charges related to a private jail construction project in Willacy County.

But just as the proceedings got started, they took a number of surprising twists.
First, Willacy County District Attorney Juan Angel Guerra, who only has six weeks left in office, filed a motion to have State District Judge J. Manuel Bañales recused from the case.

Then Bañales, called a recess to the hearing, telling the court he would call the Texas Supreme Court for guidance on whether he should recuse himself from the hearing.

But special prosecutor Al Padilla, who Bañales appointed to the case, did not agree with Guerra's motion. He told the judge, that since he was the special prosecutor, Guerra's motion should be dismissed.

But Guerra argued differently. In an emotional voice, sometimes breaking, he told the judge, "do you really think that my grand jury didn't take this seriously?" Adding, "they (Vice President Richard Cheney) took it very, very, seriously."

Guerra told the judge to void the order that disqualified him (Guerra), noting that the statute is very clear.

Attorney Tony Canales, who represents Cheney, Gonzales and the GEO Corporation, formerly Wackenhut Corrections Corp., told the judge to recess the hearing and to call the supreme court to appoint someone, if need be, for the other cases.

"We have invested too much time," Canales said.