Guerra bucks odds

Willacy County District Attorney Juan Angel Guerra compares himself to the biblical David and says angels dubbed Magdalena, Teresa, and Isaiah surround him. Guerra is confident that his "Operation Goliath" will prevail.

Some people suggest Guerra is delusional. Others caution not to underestimate him.

For now, Guerra has identified his witnesses, along with other people assisting him in the inquiries into public officials, as angels and names them after messengers from God.

Biblical references pepper his comments.

He is most interested in "cutting the head off the snake - which is cutting off what Gonzales and Cheney are doing," Guerra told The Brownsville Herald on Wednesday.

The DA is referring to Vice-President Richard B. Cheney's and former U.S. Attorney General Alberto Gonzales' alleged neglect of inmates and failure to oversee operations of privately managed and owned prisons that contract with governmental agencies to house inmates. He claims that Cheney has investments worth more than $85 million in the Vanguard Group, which in turn invests in for-profit prisons and profits from Cheney's neglect.

He alleges that Gonzales stopped investigations into assaults at for-profit prisons in Willacy County.

A Willacy County grand jury indicted Cheney and Gonzales Nov. 17. "We the Grand Jury of Willacy County Texas duly selected and empanelled, and with great sadness, concerned and because we love our country have no choice but to move to indict our sitting Vice President Richard B. Cheney and Alberto Gonzales . . . ," the indictment states.

The grand jury also indicted the GEO Group, formerly Wackenhut Corrections Corp., Warden David Forrest and other high-profile officials for a stream of alleged offenses from organized criminal activity, murder/manslaughter, accepting fees from private prison firms by virtue of public office to official oppression.

Has he really lost it psychologically this time as some persons suggest?

Guerra volunteered in court a week ago Friday that some people think he's crazy.

"That's what Barnhart said and he was indicted and convicted," Guerra said, referring to this year's conviction and 30-day sentence of Willacy County Judge Eliseo Barnhart on aggravated perjury charges. Archives show that Guerra initially pursued charges against Barnhart, but removed himself as a prosecutor citing Barnhart's control over his budget.

"Does it mean that 12 people lost it also?" Guerra said of the grand jury that returned the Nov. 17 indictments.

Some say that Guerra "could be off," but "like a fox."

Yet others, like Nueces County retired state District Judge Michael J. Westergren, who has practiced law for nearly 40 years, think Guerra is on to something.

Westergren told The Brownsville Herald Wednesday that Guerra is the only one who has had the "gumption" to investigate privately owned and managed prisons and their lack of oversight.

"I certainly think it is a serious matter. It's not frivolous by any means," Westergren said, referring to Guerra's case relating to private prison firms. He said there is "substantial support" to the allegations.

Opining that investigations into activities within the private prison system had been suppressed, Westergren said, "That's not good."

"It's a nationwide problem," said Westergren, adding that the incidence of death in private prisons is estimated to be substantially higher than at other facilities. "That's pretty bad," he said.

Guerra said he invited Westergren to his office to view the evidence. Westergren described himself as an "unpaid consultant."

The indictments against Cheney, Gonzales, GEO and Forrest revolve around the 2001 beating murder of Gregorio de la Rosa in the state jail in Willacy County that Wackenhut managed, Guerra said.

Finding negligence, a jury ordered Wackenhut to pay de la Rosa's family $47.5 million in a civil judgment in 2006, archives reflect.

State Sen. Eddie Lucio Jr.'s attorney Michael R. Cowen said that Guerra has repeatedly claimed that Lucio, state District Judge Migdalia Lopez, Willacy County District Clerk Gilbert Lozano and Willacy County Sheriff Larry Spence are part of some conspiracy against him.

"In reality, the alleged conspiracy exists only in Guerra's mind, but that reality has not prevented him from continuing to misuse the criminal justice system in an attempt to extract revenge for imagined slights."

Westergren did not comment on the charges against the state judges, former prosecutors and a county official.

Washington D.C. attorneys for Cheney have not commented on the allegations. "It's just crazy," GEO attorney David Oliveira said of the indictment against his and attorney Tony Canales' client. "It's craziness," he said.

"This is his second attempt at this," Oliveira said, noting that Guerra had secured an earlier indictment against GEO, but withdrew it because it was defective. "He (Guerra) promised (co-counsel Canales) that he had no intention of re-indicting again. He's obviously gone back on his word and at the 11th hour, is trying to pull a fast one," Oliveira said.

"It is the biggest abuse of discretion I have ever seen in my 20 years of practicing law," Oliveira said. "He is out of control," Oliveira said, adding that the "extreme abuse of power" has to be dealt with. "All of this will be investigated. I've never seen anything like this," he said. "I don't know what these folks (grand jurors) were thinking."

Canales also is upset. "This gentleman lied to me and I want to know why," Canales told case presiding Judge J. Manuel Bañales at a recent hearing.

Bañales removed Guerra from prosecuting the cases against Lopez, state District Judge Janet L. Leal, Mervyn Mosbacker, Gustavo Garza and Lozano, noting that he could not prosecute cases in which he is the alleged victim.

Guerra is not particularly concerned that Bañales instead appointed Cameron County Assistant District Attorney Alfredo Padilla as DA pro-tem in the five cases.

He also is not concerned that Raymondville Police Chief Uvaldo Zamora filed a federal lawsuit against him a few days ago, alleging that Guerra had him charged with retaliation and taken into custody after one of his police officers arrested Guerra last year.

"Es cero a la izquierda (he is of no consequence)," Guerra said.

For now, the only thing on Guerra's mind is today's hearing at 10 a.m. in the Willacy County Courthouse. The hearing, presided over by Bexar County state District Judge Michael Peden will consider Guerra's request to have Bañales removed from the eight cases. Guerra said he planned to subpoena Bañales.