Guerra: Lucio's position a conflict of interest
RAYMONDVILLE -- District Attorney Juan Angel Guerra said Monday that state Sen. Eddie Lucio's elected position conflicts with his job as a consultant for companies that work within his jurisdiction.
Guerra said he believes that companies hire Lucio because of his position as a state senator and that Lucio uses his influence to obtain the consulting work.
"These people are hiring him because of his position and not because of his skills," Guerra said in an interview. "There's no way to justify it."
Lucio could not be reached for comment Monday afternoon.
Guerra said that Lucio could work as a consultant but not within his state Senate District 27, that includes Cameron, Kenedy, Kleberg, Willacy and part of Hidalgo counties.
Lucio was first elected in 1991.
But Edmundo Ramirez, a McAllen attorney who represents Ronald Holmes, an attorney for CorPlan Corrections in Dallas, one of the companies for which Lucio is a consultant, noted the Texas Ethics Commission has sanctioned Lucio's work as a consultant.
"The ethics commission has found nothing wrong with those payments," said Ramirez said, referring the consulting fees Lucio is paid.
Lucio owns an advertising and public relations firm in Brownsville.
"Sen. Lucio gets hired because of what he brings to the table," Ramirez said. "He's a PR man. He's a good one. He brings value to the table.
"Regardless of what Mr. Guerra believes, (payments) are legal and have been properly reported by Sen. Lucio. The law is the law."
The Texas Attorney General's Office sanctioned Lucio's work as a consultant in a legal opinion issued in July 2003.
Texas law states that "it must be the services rendered and not the status of the public servant rendering the services that is of value to the person for whom the services are performed," the Attorney General's opinion noted.
CorPlan, a prison consulting company, requested on Monday that a judge quash Guerra's subpoena that orders the company to appear in court Wednesday.
Guerra said he wants CorPlan to appear in court to disclose the nature of the services it pays Lucio to perform.
Last month, Guerra pushed for grand jury indictments against Lucio, Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales and several local elected officials.
State District Judge Manuel Bañales threw out those indictments.
But Michael Cowen, Lucio's attorney, believes Guerra will try to re-indict Lucio before Guerra's fourth term expires Dec. 31.
The grand jury is set to meet Friday for its last scheduled session before its term expires Dec. 31, District Clerk Gilbert Lozano said.
Cowen will request that Bañales on Wednesday disqualify Guerra as prosecutor, arguing Guerra's "personal animosity toward Lucio creates a conflict of interest."
Guerra filed subpoenas on Dec. 5 to order CorPlan, Management and Training Corp., Aguirre Inc., Hale Mills Corp., TEDSI Infrastructure Group Inc. and Dannenbaum Engineering Corp. to appear in court.
Lucio has worked as a consultant for these companies.
CorPlan, Management and Training Corp., Aguirre and Hale Mills are companies that worked on a $14.5 million prison project that was the focus of a bribery scandal that led to the convictions of former Willacy County commissioners Israel Tamez and Jose Jimenez and former Webb County Commissioner David Cortez.
