RAYMONDVILLE, Texas(AP)
A Texas judge has set a Friday arraignment for Vice President
Dick Cheney, former U.S. Attorney General Alberto Gonzales and
others named in indictments accusing them of responsibility for
prisoner abuse in a federal detention center.
Cheney, Gonzales and the others will not be arrested, and do not
need to appear in person at the arraignment, Presiding Judge Manuel
Banales said.
In the latest bizarre development in the case, the lame-duck
prosecutor who won the indictments was a no-show in court
Wednesday. The judge ordered Texas Rangers to go to Willacy County
District Attorney Juan Guerra's house, check on his well-being
and order him to court on Friday.
Half of the eight high-profile indictments returned Monday by a
Willacy County grand jury are tied to privately run federal
detention centers in the sparsely populated South Texas county. The
other half target judges and special prosecutors who played a role
in an earlier investigation of Guerra.
One indictment charges Cheney and Gonzales with engaging in
organized criminal activity. It alleges that the men neglected
federal prisoners and are responsible for assaults in the
facilities.
The grand jury accused Cheney of a conflict of interest because
of his influence over the county's federal immigrant detention
center and his substantial holdings in the Vanguard Group, which
invests in private prison companies.
The indictment accuses Gonzales of stopping an investigation
into abuses at the federal detention center.
An attorney for the private prison operator The GEO Group filed
motions accusing Guerra of "prosecutorial
vindictiveness."
One motion said Guerra had hijacked "the grand jury process
and disregarded the requirements of the Code of Criminal Procedure
designed to protect defendants' due process rights."
Some attorneys argued that Banales may not have the authority to
schedule an arraignment because the indictments were invalid. One
lawyer said Guerra never should have been allowed to present the
cases to the grand jury because at least four of the indictments
deal with people who had some role in the investigation of his
office last year.
"He is the witness, the victim and the prosecutor,"
said the attorney for Mervyn Mosbacker Jr., a former U.S. attorney
who was appointed special prosecutor to investigate Guerra.
District Clerk Gilbert Lozano, District judges Janet Leal and
Migdalia Lopez, and special prosecutors Mosbacker and Gustavo
Garza, a longtime political opponent of Guerra, were all indicted
on charges of official abuse of official capacity and official
oppression.
The grand jury tied all of their charges to an earlier
investigation of Guerra's office.
Banales dismissed an indictment against Guerra last month
charging him with extorting money from a bail bond company and
using his office for personal business. An appeals court had
earlier ruled that a special prosecutor was improperly appointed to
investigate Guerra.
After Guerra's office was raided as part of the
investigation early last year, he camped outside the courthouse in
a borrowed camper with a horse, three goats and a rooster. He
threatened to dismiss hundreds of cases because he believed local
law enforcement had aided the investigation against him.
Guerra has been in office nearly 20 years, but was defeated in
the March Democratic primary.
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