Quick Response: Battles start immediately over indictments of several high-profile public officials

Did defense attorneys for several high-profile public officials jump the gun on Wednesday when they appeared before Judge J. Manuel Bañales to quash indictments against their clients?

According to court documents obtained by The Brownsville Herald, Bañales had only planned to review the indictments against the defendants, determine bail, and schedule the cases for arraignment, pretrial hearings and trial when he went to the Willacy County Courthouse on Wednesday.

Instead, Wednesday evolved into an impromptu hearing before Bañales involving some 13 defense attorneys representing Vice-President Richard B. Cheney, former Attorney General Alberto Gonzales, State Sen. Eddie Lucio Jr. and several others, wanting him to dismiss the indictments.

No notice was given of the proceeding, the documents stated. Some of the defense attorneys said that they showed up at the courthouse after they learned by word of mouth that the judge would be there at that time.

Willacy County District Attorney Juan Angel Guerra was not present for the hearing.

Some of the defense attorneys also wanted the judge to hold Guerra in contempt of court and to sanction him for not being at the "hearing."

"It is insulting to the court and everyone of us," Tony Canales, who represents Cheney, Gonzales and GEO Group, Inc., formerly Wackenhut Corrections Corp., told the judge.

"He should be man enough to be here," Luis Saenz interjected while Michael Cowen suggested that Guerra had likely known of the proceeding through media reports. Saenz and Cowen represent 103rd District Judge Janet Leal and Lucio, respectively.

For his part, Guerra told The Brownsville Herald Thursday that he was out of town and had not been provided notice of any proceeding.

"I heard rumors (that something would be held), but I don't go by rumors. I go by the dockets," he said.

He didn't say where he was, but said that he was heading to the Rio Grande Valley.

Guerra said that a judge does not need a district attorney to be present when he or she determines bail or schedules arraignments.

"I'm glad that Judge Bañales did not hold hearings," the DA said.

Bañales' order gave notice of today's 10:30 a.m. hearing. Challenges to the validity of the indictments and, if indictments stand, arraignments and pre-trail hearings will be heard at the hearing.

Other officials under indictment include 197th District Judge Migdalia Lopez, Mervyn Mosbacker Jr. and Gustavo Garza, who have served as special prosecutors, and Willacy County District Clerk Gilbert Lozano.

In an e-mail late Thursday Cowen said that Bañales entered an order disqualifying Guerra as prosecutor in the cases against Leal, Lopez, Mosbacker, Garza and Lozano.

"Guerra cannot be both the "victim" and the prosecutor.  He (Bañales) appointed Al Padilla as attorney pro tem on these cases," Cowen said.

Guerra said he would likely attend today's court hearing as a show of respect for Bañales and the court, although he said he didn't understand why 72-hours notice of the hearing was not provided as required.

Bañales, in court in Kingsville, was not immediately available for comment.

"Why the urgency?" Guerra asked Thursday.

He also asked if the defendants named in the other 12 indictments that the grand jury returned Friday would be extended the same courtesies as the public officials indicted Monday.

"Why are these ones given priority?" Guerra asked, noting that the 12 other defendants won't have pre-trial hearings until roughly a month.

Court coordinator Gloria Puente said that the indictments returned Friday have not been processed. She said defendants normally get about one-month notice.

Questions surfaced Wednesday as to who filed the indictments since the district clerk, Lozano, was among those indicted.

Lozano said that when the grand jury concluded its work Monday, his office received word and that the indictments were handed to one of his clerks. She, in turn, filed the indictments.

His indictment never became an issue in the filing of the indictments in his office, he said. "As far as I know, no," he said, noting that this also was the first time such a situation was encountered.

"It didn't cause any problems," Lozano added.

Lozano said that, according to the Texas Code of Criminal Procedure, indictments have to be delivered to the judge or clerk of the court.

"I'm the clerk of the court," Lozano said, noting that he also can assign someone to be his designee.

The case files reflect that the indictments were filed shortly after 6 p.m. Monday by Diane Castillo, a deputy district clerk.

Saenz told Bañales Wednesday that resolving the situation regarding his client, Leal, "is a very urgent matter."

Saenz said that it is "awkward" and "demoralizing" to preside over cases with a cloud over her head.

Attorney Gabriela Garcia, who together with attorney John Blaylock represents Lozano, also told the court that her client is unable to do his job with the indictment hanging over him.

Bañales appointed Puente district clerk pro-tem for only the cases in question.

Bañales' order also noted that the defendants would be summoned to court instead of arrested.

The public record shows that Guerra agrees with this.

On Nov. 17 when the indictments were returned, Guerra wrote to Lozano, requesting that summons instead of capias be issued on all indictments signed that day.