A recusal motion that Willacy County District Attorney Juan Angel Guerra filed stalled proceedings in a Nov. 21 hearing on the indictments brought against Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales and half a dozen others. Guerra, the lame duck DA, seeks to recuse and disqualify 5th Administrative Judicial Region Presiding Judge Manuel Banales. Michael Cowen, attorney for state Sen. Eddie Lucio, one of those indicted, says Banales referred the recusal motion to Texas Supreme Court Chief Justice Wallace Jefferson. But neither Jefferson nor Justice Nathan Hecht was available Nov. 21 to appoint another judge, says Cowen, principal in the Cowen Group in Brownsville. Cowen and Brownsville solo John Blalock, attorney for Willacy County District Clerk Gilbert Lozano, who also was indicted, say Banales has set another hearing for Nov. 26. But Cowen and Blalock expect the Supreme Court to appoint a new judge by Nov. 24. “Now we’ll just have to see if he [Guerra] tries to recuse whoever they send in,” Cowen says. A Willacy County grand jury handed up the indictments Nov. 18. Guerra, who filed motions to recuse in all seven criminal cases stemming from the indictments, writes in an affidavit attached to his motions that the state cannot receive a fair trial from Banales. Guerra alleges in the affidavit that when he was indicted last year – the criminal charges against him have since been dismissed --- Banales did not treat him as well as he treated the defendants who were indicted this week. Also, Guerra alleges in the affidavit that Banales tried to “ambush the State” when he called a hearing on Wednesday that was within 24 hours of when the indictments were handed down. “I knew that I had a problem with the judge because . . . when these individuals got indicted, by the following day, there were motions being filed all over the place and he went ahead to set a hearing within 24 hours,” Guerra said in a brief telephone interview after the hearing. Guerra did not attend the hearing on Nov. 19, but was in court Nov. 21 to seek Banales’ recusal.
-- Mary Alice Robbins and Brenda Sapino Jeffreys
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