Willacy County DA seeks judge's replacement in high-profile cases

RAYMONDVILLE — Willacy County's top prosecutor pounded on a courtroom table and fought back tears Friday while demanding that the presiding judge remove himself from several cases against high-profile officials.

District Attorney Juan Angel Guerra obtained grand jury indictments Monday against a number of public figures, including Vice President Dick Cheney and former U.S. Attorney General Alberto Gonzales, on charges of official oppression and abuse of official capacity.

Others indicted include state Sen. Eddie Lucio Jr., state district judges Janet Leal and Migdalia Lopez, former special prosecutors, private corrections company GEO Group Inc. - formerly Wackenhut Corrections Corp. - and GEO official David Forrest.

The GEO Group and Forrest are accused of murder and manslaughter in a separate indictment in connection with the 2001 death of an inmate at a Willacy County facility.

In court Friday, Guerra demanded that state District Judge Manuel Bañales rescind his appointment of Alfredo Padilla as special prosecutor in five of the cases arising from Monday's indictments and that another judge be appointed in lieu of Bañales. The district attorney argued Bañales had no right to replace him with Padilla.

The five cases in questions are connected to an earlier investigation of Guerra himself.

Bañales delayed the proceedings and called the Texas Supreme Court, asking it to either affirm that he should stay on the cases or that it appoint another judge.

"Bañales seems to be in a big rush to hear motions from defense lawyers to quash indictments," Guerra said.

His one-man district attorney's office was not given a reasonable amount of time to prepare for the proceedings, he said, fighting back tears and adding that his office was not given money to hire an assistant district attorney.

"These people were indicted on Monday," he said. "What is the urgency?"

There was no such urgency, Guerra said, when he himself was indicted earlier on charges of theft, attempted theft, tampering with government records, perjury and abuse of official capacity.

Although Guerra's indictments were dismissed in October, he claims the charges resulted in his defeat in the March Democratic primary.

Arguments by defense attorneys that he should be removed as prosecutor go against decisions in past cases, Guerra argued.

Even if he is a witness in the cases, he cannot be disqualified as a prosecutor if there is an assistant district attorney to take over his duties, Guerra argued.

He claimed the appointment of Padilla as special prosecutor is invalid because Guerra was not notified of any hearing concerning his replacement. Padilla is an assistant district attorney in Cameron County.

Bañales refused to rule on any motions by defense attorneys Friday because of Guerra's motion to remove him from the cases - a motion the district attorney filed during a 15-minute morning break.

After calling the Texas Supreme Court, Bañales said the proceedings would resume at 10:30 a.m. Wednesday. A decision is pending by the state's high court on whether he should continue presiding over the cases or whether another judge takes over.

Guerra's election loss earlier this year means he is set to leave office at the end of next month.

____

Allen Essex is a reporter for the Valley Morning Star.