Indictments dismissed

A judge has dismissed the indictments brought by Willacy County grand jury against Vice President Dick Cheney and former Attorney General Alberto Gonzales.

Administrative Judge Manuel Bañales Jr. ruled Monday that eight indictments, including those involving Cheney and Gonzales, were improperly returned by the grand jury last month. The indictments against Cheney and Gonzales centered on the alleged abuse of inmates at private prisons in the county.

Bañales earlier survived a recusal motion brought by Willacy County District Attorney Juan Angel Guerra.

The judge then dismissed an indictment against state Sen. Eddie Lucio Jr. that accused the Brownsville Democrat of corruption. Lucio had been charged with six counts of profiting from his position by accepted consulting fees from several contractors, including private prison companies that run detention centers in Willacy County. The grand jury alleged that Lucio would not have received the fees were it not for his position.

His attorney Michael R. Cowen moved that Guerra be disqualified from prosecuting Lucio's case because the level of animosity that the DA has toward his client would prevent Lucio from due process and a fair trial.

"He (Guerra) is acting out of the interest of Juan Angel Guerra, not the State," Cowen said, adding that Guerra also was trying to "poison the jury pool" with his inflammatory comments.

Cowen also argued that Guerra has said that Lucio is, "part of a conspiracy," against the DA and admits that he is "angry" at the senator. The defense attorney also raised other issues, including the wording of the indictment. Cowen said the indictment against Lucio failed to say that his client's alleged actions were knowingly or willfully made.

Bañales found the indictment to be lacking on this point amid arguments from Guerra that this is not required and that, "ignorance of the law is no excuse."

Bañales also ruled that the five indictments against two district judges, two special prosecutors and the district clerk connected to an investigation of Guerra were unlawful because the DA was the alleged victim and the person presenting the cases.

District Attorney Pro-Tem Alfredo Padilla claimed that the indictments against 197Th state District Judge Migdalia Lopez and 103rd District Judge Janet L. Leal were defective and that there was insufficient evidence. He also said that Lopez acted well within her scope in inquiries into Guerra, and that Leal had acted within her discretion in issuing a search warrant for Guerra's office last year.

Earlier, Bexar County District Judge Michael Peden denied Guerra's request to have Bañales removed from the eight cases.

Guerra indicated to Bañales that he would go to the 13th Court of Appeals to protest the decision that disqualified him from prosecuting five of the eight cases, including those involving Lopez and Leal

Guerra was voted out of office during the March primary and will lose his seat on Jan. 1, 2009.

(The Associated Press contributed to this report.)