State District Judge Manuel Banales was in town this morning to hear a motion by Michael Cowen, a Brownsville attorney, on behalf of State Senator Eddie Lucio.

Last week Judge Banales threw out 10 criminal cases one of which involved Lucio, who Guerra claims illegally profited from his employment as a consultant for a prison company.

Judge Banales instructed Guerra to stay away from the grand jury and to refer any questions the grand jury might have to Brownsville attorney Alfredo Padilla, appointed as attorney protem to replace Guerra.

In five of the cases Guerra alleged a conspiracy to prevent him from being re-elected and Judge Banales told him that he cannot be "a victim, a witness and a prosecutor" in the same cases.

Guerra promised to follow the judge's instructions but the grand jury is scheduled to meet again on Friday and Lucio's attorney, Cowan, does not take Guerra at his word.

As a result, he filed a motion to Disqualify Juan Angel Guerra in case #2008-CR-126-A, the one involving Senator Lucio.

Reasons given for Guerra's disquali- fication include: * personal animosity toward Senator Lucio. * statements Guerra made to the press in which he called Sen. Lucio "corrupt" and a "bandito." * Guerra illegally disclosed grand jury information.

Lucio's attorney also filed a motion to quash (invalidate) subpoenas Guerra issued for a number of witnesses he wanted to question concerning payments to Lucio.

Because the case was dismissed on Dec. 1, by Judge Banales, there is no need for witnesses to be present, Cowan maintains.

Other cases filed by Guerra and dismissed on the same day by Banales include the following: 2008- CR0127-A State of Texas vs Geo Group Inc.,et al. "Murder and Manslaughter"

2008-CR0127-A State of Texas vs David Forrest "Murder and Manslaughter" 2008- CR-0128-A State of Texas vs Richard B. Cheney "Engaging in Organized Criminal Activity"

2008-CR-0128-A State of Texas vs Alberto Gonzales "Engaging in Organized Criminal Activity"

2008-CR-0129-A State of Texas vs Migdalia Lopez "Official Abuse of Capacity and Oppression"

2008-CR-0130-A State of Texas vs Janet Leal "Official Abuse of Capacity and Oppression"

2008-CR-0131-A State of Texas vs Mervyn Mosbacker, Jr. "Official Abuse of Capacity and Oppression"

2008-CR-0l32-A State of Texas vs Gustavo Garza "Official Abuse of Capacity and Oppression"

2008-CR-0133-A State of Texas vs Gilbert Lozano "Official Abuse of Capacity and Oppression

Judge Banales told Guerra, "All of these cases including the one filed against the vice president were improperly filed. For these reasons each and every one must be dismissed. It is improper, unethical, and unlawful for the D.A. to present a case where he is the alleged victim. I question whether you should be filing any more cases with the grand jury. Let your successor have a look at these cases. In addition to dismissing these cases, I find that there is no probable cause."