Parallels drawn in ‘victim' tactics used by Willacy, Cameron county prosecutors

The roles of Willacy County District Attorney Juan Angel Guerra and Cameron County District Attorney Armando Villalobos as prosecutors, alleged victims, and possible witnesses in high-profile cases recently drew parallels in a Raymondville courtroom.

Defense attorneys across adjacent county lines respectively argue that Guerra and Villalobos should be disqualified from prosecuting the controversial indictments they secured from grand juries.

Guerra secured indictments in Willacy County against 103rd District Judge Janet Leal, 197th District Judge Migdalia Lopez, former special prosecutors Mervyn Mosbacker and Gus Garza, and District Clerk Gilbert Lozano stemming from their alleged involvement in having him indicted and arrested last year.

Villalobos in Cameron County secured indictments against former DA Yolanda de Leon, alleging that she intended to harm him when she allegedly released confidential information.

The separately distinct indictments describe Guerra and Villalobos as victims.

"One cannot both be a victim and present the case for indictment to the Grand Jury," Lopez's defense attorney Eduardo R. Rodriguez stated in his motion to set aside the indictment in a Willacy County case against Lopez and argued last week before presiding Judge J. Manuel Bañales. Bañales disqualified Guerra. Guerra claims that neither adequate notice nor hearing was provided him.

The same conflict of interest issue pertains to the Cameron County case. "Mr. Villalobos is the named victim in those indictments," said de Leon's attorney Israel Cano III. "Obviously we feel that there is no way under Texas law that he could be the prosecutor and victim in the case. "It is an obvious conflict of interest." De Leon has taken state District Judge Abel Limas' refusal to disqualify Villalobos and his staff from prosecuting de Leon to the 13th Court of Appeals.

Attorney Luis Saenz drew the parallels in the Raymondville courtroom, advising Bañales of de Leon's pending motion before the appellate court as defense attorneys motioned to disqualify Guerra in five of eight indictments.

Saenz, who represents Leal, argued that a DA who also is a witness could present the case to a grand jury, but can't prosecute it. "You can't be a witness in a case you are trying," Saenz told Bañales, while Rodriguez said a DA can't present a case to a grand jury when he or she is a victim.

Neither Villalobos nor his chief assistant were available for comment Wednesday, but Villalobos' response to de Leon's efforts to disqualify him is that a trial court judge cannot prevent the district attorney and his staff from participating in the prosecution of any case properly brought in that jurisdiction.

Guerra said Wednesday that he can't be removed just because he could be a potential witness. "If I can present evidence without me taking the stand, it doesn't matter because I can prove the case without taking the stand," Guerra said.

In the Guerra case, this issue is expected to also be brought up today when appointed Bexar County District Judge Michael Peden conducts a hearing to determine if Bañales should be disqualified, as Guerra requests, from hearing the Willacy County cases.

Texas Supreme Court Chief Justice Wallace B. Jefferson appointed Peden. The hearing is slated for 10 a.m. at the Willacy County Courthouse in Raymondville.