Sanctions against The GEO Group sought

An appellate court is weighing claims against The GEO Group, formerly known as Wackenhut Corrections Corp., to determine if the private prison business lied when it claimed to have been exonerated of any responsibility in the beating death of an inmate and if it should be sanctioned.

The family of the late Gregorio de la Rosa Jr., killed by two inmates in 2001 in a jail facility then-operated and managed by Wackenhut in Raymondville under contract with the state, is seeking the sanctions from the Thirteenth Court of Appeals.

The family claims in court records that GEO "continues its disgusting display of disrespect for Texas' civil justice system," by lying to the government, investors and the business community in an April 30 report filed with the U.S. Securities and Exchange Commission (SEC).

State Rep. Rene O. Oliveira's firm, Roerig, Oliveira & Fisher LLP of Brownsville and McAllen, represents The GEO Group.

Asked if the prison group lied and to comment about the claims, Oliveira, D-Brownsville, said, "I'm not qualified to answer that question. I have never done one minute of legal work for them."

"I am not even familiar with the case. It is being handled by my partner, David Oliveira; nor am I familiar with the allegations. Other than what I read in your newspaper, I don't know anything about it," the state representative said.

David Oliveira was not available for comment.

De la Rosa had been serving a six-month sentence for possession of less than one-fourth gram of cocaine when two inmates beat him to death using a lock tied to a sock.

This happened while "Wackenhut's officers stood by and watched and Wackenhut's wardens smirked and laughed," the appellate court found in April this year. That's when the appellate court upheld in its near entirety a $42.5 million civil judgment of a Willacy County jury for de la Rosa's family and against Wackenhut and Warden David Forrest.

The appellate court also noted in its April opinion that Wackenhut was liable for de la Rosa's death.

De la Rosa's attorney, Ronald Rodriguez, now argues before the appellate court that The GEO Group should be sanctioned for filing a "fraudulent" document with the SEC.

The document notes that "separate investigations conducted internally by GEO and by the Texas Rangers and the Texas Office of the Inspector General exonerated GEO and its employees of any culpability with respect to the incident."

Rodriguez counters in the court record that neither agency ever exonerated Wackenhut, GEO or the warden for civil or criminal liability. "There is nothing in the record supporting GEO's patently untrue statements of material fact and omission of material fact, in the documents filed with the SEC," court documents state.

Rodriguez maintains in court records that "GEO's deception is getting worse, not better" and asks the court to sanction GEO's mockery of the legal system and hold it accountable.

Rodriguez said Friday that a ruling on the motion for sanctions should be forthcoming.