DA Guerra could seek re-indictments.

By Emma Perez-Treviño / Brownsville Herald

State Sen. Eddie Lucio Jr.'s attorney hopes to preempt any possibility that District Attorney Juan Angel Guerra would attempt to re-indict the senator.

Presiding District Judge J. Manuel Bañales on Monday dismissed the indictment against Lucio and other high-level public officials, including Vice-President Dick Cheney and former U.S. Attorney General Alberto Gonzales, on procedural grounds and not on their merits or lack thereof. However, Guerra could seek their re-indictment. A Willacy County grand jury is slated to meet Dec. 12.

"I will not comment on what the grand jury might or might not do. The grand jury is independent," Guerra said.

Lucio's attorney Michael R. Cowen plans to beat Guerra with case law established through Guerra's battles last year with former Willacy County special prosecutor Gustavo Garza.

The 13th Court of Appeals last year took action that resulted in the disqualification of Garza from prosecuting Guerra for alleged voter fraud in an election between Garza and Guerra due to the potential conflict that arose, Cowen said.

"Mr. Guerra has a personal vendetta against Senator Lucio and combined with ethical violations, this shows that he is legally and ethically disqualified," Cowen said, maintaining that the DA's animosity toward the senator rises to a potential conflict.

Cowen said Bañales has slated a hearing for 10 a.m. Dec. 10 at the Willacy County Courthouse in Raymondville to determine if Guerra should be disqualified from the Lucio case.

"They are citing a case that does not apply," Guerra said, contending that the circumstances are not similar. "People (defense attorneys) are making up laws as they go along." Guerra said.

The grand jury indicted Lucio Nov. 17 on six Class A misdemeanor counts of receiving fees from contractors for services that he would not have been requested to provide if he were not a senator.

Guerra said Tuesday that he would not be appealing his removal from prosecuting the cases of state District Judge Migdalia Lopez, District Judge Janet L. Leal, former special prosecutors Garza and Mervyn Mosbacker Jr. and Willacy County District Clerk Gilbert Lozano.

"I'm not interested in those five," Guerra said.

On a side note: Guerra said he could also get an outside attorney to present the case to the Grand Jury.