Juan Guerra subpoenaed to testify in District Court

2009-04-22 / Front Page

By Paul Whitworth

Former Willacy County & District Attorney Juan Guerra (Photograph By Eric Aguirre) Former Willacy County & District Attorney Juan Guerra (Photograph By Eric Aguirre) Former Willacy County & District Attorney Juan Guerra will get an opportunity to explain the actions of one of his supporters in District Court Friday at 10 a.m.

In November, 2008 Guerra persuaded a county grand jury to indict U.S. Vice President Richard "Dick" Cheney and former U.S. Attorney General Alberto Gonzales and Wackenhut Corp. on charges of engaging in organized criminal activity, as the result of the death of a Wackenhut inmate beaten to death by two fellow inmates in 2001. Also charged was the alleged neglect of 3,000 inmates at the new ICE Unit in Raymondville.

Guerra did not explain why he waited seven years to file the murder charges against the prison now run by GEO Corp. for the county. His complaint against Mr. Cheney stemmed from Guerra's belief that the vice-president holds $85 million invested in the company.

After hearings in December, Judge Miguel Banales ruled that Guerra failed to prove his allegations of misconduct and the charges against Cheney, Gonzales and GEO Corp. were thrown out. However, Brownsville Attorney Al Padilla was appointed to review Guerra's indictment and to reconvene a grand jury to consider the allegations.

In addition to his indictment of the vice-president and attorney general, Guerra had a score to settle with those he blames for his arrest on theft and misconduct charges in 2007. Those charges were later thrown out by a special prosecutor appointed by Judge Banales.

Guerra went back to the grand jury and had Judge Lopez, Cameron County District Judge Janet Leal, special prosecutor Gustavo "Gus" Garza former U.S. Attorney Mervyn Mosbacker and District Clerk Gilbert Lozano indicted on allegations of wrongdoing in the arrest of Guerra, on Feb. 10, 2007.

Later he blamed those he indicted for causing him to lose his re-election bid in the Democratic Party primary of 2008. The defendants were charged with official abuse and oppression for their individual involvement in issuing arrest warrants for Guerra, searching his office and false arrest.

Judge Lopez was charged with using her influence with the grand jury to continue an investigation into his activities, after Guerra tried to recuse her from hearing the case.

Guerra who was planning to be a witness in the cases, also wanted to act as prosecutor and victim but this was not allowed by Judge Banales who removed Guerra as prosecutor in six of the eight cases and appointed Padilla as a special prosecutor.

Following several days of testimony in late December Judge Banales ordered Guerra to stay away from the grand jury during his remaining few days in office and all the charges against the defendants were thrown out.

Judge Migdalia Lopez, District Clerk Gilbert Lozano and other local defendants filed motions to have their indictments expunged from court records and those requests were granted by Judge Banales, so that no records of their indictments, or arrests will be in the files.

At that expunction hearing one witness, Blanca Rosas, was found to be in contempt of the court by Judge Banales. After admitting that she was the person who placed an attack ad against the defendants in the Valley Morning Star, paid for with her money, Rosas refused to answer further questions and was sentenced to jail by the judge. After several hours in county jail and after her promise to be cooperative at future hearings she was released.

Juan Guerra told the Valley Morning Star that the court was trying to get at him through Rosas and agreed to testify when he, also, was subpoenaed to appear in court Friday.

Among other questions for Guerra, attorneys John Blaylock and Noe Garza want to know if he has in his possession any documents taken from the Willacy District Attorney's office.

Blaylock is representing Gilbert Lozano and Garza is representing Judge Migdalia Lopez.

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