Hearing now delayed until next week, Willacy County DA files motion to recuse judge

RAYMONDVILLE - A hearing has been recessed until next week in Willacy County where attorneys are attempting to quash a number of indictments that accuse officials, including Vice President Richard Cheney and former Attorney General Alberto Gonzales, of various charges related to a private jail construction project in Willacy County.

But just as the proceedings got started, they took a number of surprising twists.

First, Willacy County District Attorney Juan Angel Guerra, who only has six weeks left in office, filed a motion to have State District Judge J. Manuel Bañales recused from the case, which clearly stunned attorneys who shot up from their chairs.

Then Bañales, called a recess to the hearing, telling the court he would call the Texas Supreme Court for guidance on whether he should recuse himself from the hearing.

Bañales called a recess to contact the chief justice of the state Supreme Court for suggestions on how to proceed. He has now reset the hearing until 10 a.m. Wednesday.

Special prosecutor Al Padilla, who Bañales appointed to the case, did not agree with Guerra's motion to recuse Bañales. He told the judge, that since he was the special prosecutor, Guerra's motion should be dismissed.

But Guerra argued differently. In an emotional voice, sometimes breaking, he told the judge, "do you really think that my grand jury didn't take this seriously?" Adding, "they (the grand jury) took it very, very, seriously."

Guerra told the judge to void the order that disqualified him (Guerra), noting that the statue is very clear.

During his ten minute address to the court, Guerra said the citizens are wise enough to know what is happening in Willacy County. He also said he would take up Sen. Lucio's challenge and prosecute his case on Dec. 8 and would make Lucio's prosecution a priority.

Earlier this week, Lucio asked that if the indictment against him progresses to trial, he wants the trial to be held this year to avoid allegations of impropriety since a new DA will take office in January. Bañales agreed and set the December date.

Attorney Tony Canales, who represents Cheney, Gonzales and the GEO Corporation, formerly Wackenhut Corrections Corp., told the judge to recess the hearing and to call the supreme court to appoint someone, if need be, for the other cases.

"We have invested too much time," Canales said.

When Banales arrived at the courthouse this morning he was surrounded by Texas Rangers.

On Monday, a grand jury indicted Cheney, Gonzales, State Sen. Eddie Lucio Jr., 103rd District Judge Janet Leal, 197th District Judge Migdalia Lopez, former Willacy County special prosecutors Mervyn Mosbacker Jr. and Gustavo Garza, and Willacy County Clerk Gilbert Lozano.

Willacy County District Attorney Juan Angel Guerra, who only has six weeks left in office, said he will appear in court this morning. On Wednesday, he was not present during court proceedings where attorneys tried to have all the indictments quashed.

Guerra claims he was not informed of the proceedings and was out of town.

This morning his staff was seen carrying boxes of of files into the courtroom. Judge Banales instructed in his order that Guerra bring all related case files to court this morning.

For more information on this developing story, stay with the www.brownsvilleherald.com.