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Dec 10, 2008 7:26 pm US/Central
South Texas Prosecutor Removed From Cheney Case
RAYMONDVILLE (AP) ―
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Vice President Dick Cheney listen to a speaker prior to his introduction to address the Gerald R. Ford Journalism Prize Luncheon on June 2, 2008, at the National Press Club in Washington, D.C.
Saul Loeb/AFP/Getty Images
A judge removed a South Texas prosecutor from cases related to Vice President Dick Cheney, a state senator and a private prison group Wednesday, calling the district attorney biased and ordering Texas Rangers to escort him to his office so he could hand over case files.
Presiding Judge Manuel Banales ordered outgoing prosecutor Juan Angel Guerra to stop work on cases related to already dismissed indictments against Cheney, state Sen. Eddie Lucio and The GEO Group. Attorneys for Lucio and The GEO Group argued that Guerra's comments to the media condemning their clients, identifying grand jury witnesses and suggesting the judge was part of a conspiracy denied their clients due process.
The 3 1/2-hour hearing, during which Guerra rejected the judge's authority and refused to answer questions under oath, ended much the way the first hearing on the cases began last month -- with an appearance from the Texas Rangers. Last month, Banales sent Rangers to look for Guerra when he did not appear in court after the indictments were returned. Wednesday he told the Rangers to accompany Guerra to his office to relinquish the files in those cases.
Banales said the only reason he did not hold Guerra in contempt was to deny the prosecutor "any dignity whatsoever" after the disrespect he showed the court.
Banales said he recognized the separation of powers that Guerra said precluded the judge from removing him from cases and respected the district attorney's office, but "the problem lies regrettably in the person in office."
"With deep regret this court has heard evidence that clearly shows you have violated that oath," Banales said earlier. "You have shown clear bias."
Guerra, whose term ends this year, will not be able to speak to a grand jury without the presence of the pro tem district attorney Alfredo Padilla.
The hearing should be the final chapter in a twisted saga that began nearly a month ago when a grand jury returned eight indictments against public figures, including one accusing Cheney and former Attorney General Alberto Gonzales of organized criminal activity.
Cheney was accused of profiting from investments in private prison companies, which Guerra alleged abused prisoners in federal detention centers in Willacy County. Gonzales was accused of stopping an investigation into the abuse.
Banales dismissed all of the indictments this month. Defense attorneys, fearing Guerra would seek to re-indict their clients in his remaining days in office, asked Banales to disqualify the prosecutor. Banales had already substituted Padilla on five of the cases, in which Guerra was the prosecutor but also would have been a victim and witness.
Guerra himself was under indictment on charges of improper use of public office for 18 months until Banales dismissed the case in October.
Most of Guerra's testimony Wednesday, and earlier, centered on accusations of a conspiracy that drove Guerra from office and kept him from investigating prison abuse.
"This court has no jurisdiction," Guerra said at the start of Wednesday's hearing. He argued that since the indictments were already dismissed the court had no authority to consider disqualifying him. Later Guerra balked when Michael Cowen, an attorney for Lucio, called him to testify.
"With all due respect to the court, I'm not going to participate," Guerra said.
Banales persuaded him to take the stand, but Guerra remained uncooperative.
"Find me in contempt," Guerra said. "Put me in jail ... I don't recognize this hearing ... I'm not going to answer any questions."
Cowen said he would normally ask the judge to hold Guerra in contempt, but he believed that was exactly what Guerra wanted.
Later, Guerra put Cowen and Tony Canales, an attorney for The GEO Group, on the stand.
In earlier testimony and statements, Guerra showed himself to be biased and pursuing a personal agenda that denied his client his right to due process, Cowen said. Cowen showed media clips of Guerra suggesting that Banales was corrupt and part of a conspiracy along with Lucio.
Lucio was indicted on charges of profiting from his public office by consulting for private prison companies.
Guerra refused to answer questions about whether he would follow Banales' order not to present cases to the grand jury scheduled to meet Friday. Guerra lost re-election in a March primary and Friday would be the grand jury's last scheduled meeting during his term.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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