Judge to Guerra: Can't re-indict.

By Fernando Del Valle / Valley Morning Star

The region's top state judge ruled on Wednesday that Willacy County District Attorney Juan Angel Guerra's hostility disqualified him from serving as prosecutor in cases against Vice President Dick Cheney and others.

Judge Manuel Bañales, the Fifth Judicial District's administrative judge, disqualified Guerra from prosecuting cases against Cheney, former U.S. Attorney General Alberto Gonzales, state Sen. Eddie Lucio and the GEO Group, a private prison operator.

"With deep regret this court has heard evidence that shows you have violated (your) oath," Bañales told Guerra after a three-hour hearing.

"You have shown bias and prejudice ... to a high degree (to show) that you cannot prosecute this case."

Bañales said he stopped short of finding Guerra in contempt of court for refusing to answer questions on the witness stand.

"Some of the attorneys have (said) your conduct before this court shows little respect before this court and I agree," Bañales told Guerra.

"But I don't find you in contempt because I don't want to give you any dignity. Other judges probably would, but I won't."

On the witness stand, Guerra refused to answer several questions after Bañales ordered him to respond.

"Find me in contempt and put me in jail," Guerra told Bañales.

Tony Canales, a Corpus Christi attorney representing the GEO Group, told Bañales that Guerra was in contempt of court for failing to follow the judge's orders to answer attorneys' questions.
"You have exhibited great patience ... because he is offensive," Canales told Bañales. "I think it's insulting. I don't know of any other judge that would give so much leeway .... Mr. Guerra has been completely unprofessional. I've never seen a lawyer tell a judge that I'm going to refuse an order. He cannot be defiant to the court."

Guerra refused to answer whether he planned to ask the grand jury to re-indict Lucio, Cheney and the GEO Group. Guerra claimed negligence by the GEO Group's led prisoners to kill an inmate in a Raymondville prison in 2001.

Guerra told Canales he was ready to go to jail for contempt of court.

"If that's what it takes for your company to stop killing people, I will go to jail 20 times," Guerra told Canales. "That is my responsibility - to stop people like you from killing people."

Cowen argued Guerra's malice toward Lucio stemmed from Guerra's belief that the senator was behind an investigation that led to his March 2007 felony indictments. Bañales dismissed the indictments in October.

Cowen argued that Guerra used the media to try to smear Lucio with false accusations that he work as a consultant in exchange for "bribes."

"I believe you're seeking a political theater, not a court of law," Cowen told Guerra. "We believe your only purpose is to hurt my client and other people specifically."

Guerra claimed Lucio used his influence as a state senator to land work as a consultant.

"There's only one reason they're paying Eddie Lucio: to use his influence to get the contract," Guerra told Bañales.

Guerra claimed law forbids Cheney from investing in the private prison industry that's outside of his blind trust.

But Cowen argued Cheney invested in a group of mutual funds.

Guerra refused to answer whether he knew the nature of Cheney's investments.

Bañales appointed attorney Alfredo Padilla to serve as special prosecutor in a grand jury session Friday.

After the hearing, Texas Rangers requested that Guerra turn over files in the cases of Cheney, Gonzales, Lucio and the GEO Group, Guerra said in an interview.

Guerra will not be able to speak to the grand jury without the presence of the pro tem district attorney and Guerra must immediately relinquish all related files to that temporary prosecutor.