Attorneys hope for dismissal of indictments against VP, other notable officials

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 Friday.

The defense attorneys 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 attorneys 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 comprising the Fifth Judicial Region, did not rule on the motions and has scheduled another hearing for Friday.

The indictments accuse the public officials and a private corrections corporation of crimes ranging from abuse of public office to organized criminal activity.

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, 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 the prosecutor'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 locate him and notify him he is to appear in court that day.

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

Although the judge refused to convene 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 having to post bond.

The officials named in the eight indictments do not need to appear in court in person but must be represented by attorneys 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 attorneys 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 primary and his term expires at the end of next month.

Attorney Eddie Rodriguez, of Brownsville, argued on behalf of his client state District Judge Migdalia Lopez 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 earlier than then.

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

Tony Canales, attorney for Cheney, Gonzales and private corrections company the GEO Group Inc. - 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 Clerk'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 were issued. Canales said he could not even determine who it was that "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 on the basis that they were not issued legally.

When the indictments were issued Monday, Leal temporarily turned her trial over to retired state District Judge Menton Murray Jr. pending a decision Wednesday by the Texas Commission on Judicial that neither she nor Judge Lopez should stop hearing cases because of their indictments.

"It is insulting to the court that he is not here," Canales said of District Attorney 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."

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Allen Essex is a reporter for the Valley Morning Star.