Dick Cheney, Alberto Gonzales Indicted In S. Texas

Dick Cheney, Alberto Gonzales indicted in S. Texas
Charges related to alleged abuse of prisoners in federal detention centers

http://www.chron.com/disp/story.mpl/front/6119459.html

By CHRISTOPHER SHERMAN
Associated Press
Nov. 18, 2008, 7:37PM

McALLEN — A South Texas grand jury has indicted Vice President Dick Cheney and former Attorney General Alberto Gonzales on state charges related to the alleged abuse of prisoners in Willacy County's federal detention centers.

The indictment, which had not yet been signed by the presiding judge, was one of seven released Tuesday in a county that has been a source of bizarre legal and political battles in recent years. Another of the indictments named a state senator on charges of profiting from his position.

Willacy County District Attorney Juan Angel Guerra himself had been under indictment for more than a year and half before a judge dismissed the indictments last month. This flurry of charges came in the twilight of Guerra's tenure, which ends this year after nearly two decades in office. He lost convincingly in a Democratic primary in March.

Cheney's indictment on a charge of engaging in an organized criminal activity criticizes the vice president's investment in the Vanguard Group, which holds interests in the private prison companies running the federal detention centers. It accuses Cheney of a conflict of interest and "at least misdemeanor assaults" on detainees because of his link to the prison companies.

Megan Mitchell, a spokeswoman for Cheney, declined to comment on Tuesday, saying that the vice president had not yet received a copy of the indictment.

The indictment accuses Gonzales of using his position while in office to stop an investigation in 2006 into abuses at one of the privately-run prisons.

Gonzalez's attorney, George Terwilliger III, said in a written statement, "This is obviously a bogus charge on its face, as any good prosecutor can recognize. Hopefully, competent Texas authorities will take steps to reign in this abuse of the criminal justice system."

Willacy County has become a prison hub with county, state and federal lockups. Guerra has gone after the prison-politician nexus before, extracting guilty pleas from three former Willacy and Webb county commissioners after investigating bribery related to federal prison contacts.

Another indictment released Tuesday accuses state Sen. Eddie Lucio Jr. of profiting from his public office by accepting honoraria from prison management companies. Guerra announced his intention to investigate Lucio's prison consulting early last year.

Lucio's attorney, Michael Cowen, released a scathing statement accusing Guerra of settling political scores in his final weeks in office.

"Senator Lucio is completely innocent and has done nothing wrong," Cowen said, adding that he would file a motion to quash the indictment this week.

Last month, a Willacy County grand jury indicted The GEO Group, a Florida private prison company, on a murder charge in the death of a prisoner days before his release. The three-count indictment alleged The GEO Group allowed other inmates to beat Gregorio de la Rosa Jr. to death with padlocks stuffed into socks. The death happened in 2001 at the Raymondville facility, just four days before de la Rosa's scheduled release.

In 2006, a jury ordered the company to pay de la Rosa's family $47.5 million in a civil judgment. The Cheney-Gonzalez indictment makes reference to the de la Rosa case.

None of the indictments released Tuesday had been signed by Presiding Judge Manuel Banales of the Fifth Administrative Judicial Region.

A second batch of indictments targeted public officials connected to Guerra's own legal battles.

Willacy County Clerk Gilbert Lozano, District judges Janet Leal and Migdalia Lopez, and special prosecutors Mervyn Mosbacker Jr. — a former U.S. attorney — and Gustavo Garza — a long-time political opponent of Guerra — were all indicted on charges of official abuse of official capacity and official oppression.

Garza, the only one who could be immediately reached Tuesday, called it a sad state of affairs.

"I feel sorry for all of the good people this unprofessional prosecutor has maligned," Garza said. "I'm not at all concerned about the accusations he has trumped up."

Banales dismissed indictments against Guerra last month that charged him with extorting money from a bail bond company and using his office for personal business. An appeals court had earlier ruled that Garza was improperly appointed as special prosecutor 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.

On Tuesday, Guerra said the indictments speak for themselves. He said the prison-related charges are a national issue and experts from across the country testified to the grand jury. Asked about the indictments against local players in the justice system who had pursued him, Guerra said, "the grand jury is the one that made those decisions, not me."

The indictments were first reported by KRGV-TV.

Arraignment set for Cheney, Gonzales in Texas
Arraignment set for Cheney, Gonzales in Texas indictments alleging prisoner abuse

http://rawstory.com/news/2008/Arraig...s_in_1120.html

CHRISTOPHER SHERMAN
Nov 19, 2008 21:25 EST

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.

Texas hearing on Dick Cheney, Alberto Gonzales indictment turns chaotic

http://www.dallasnews.com/sharedcont...t.1a28c5c.html

Associated Press
02:12 PM CST on Friday, November 21, 2008

RAYMONDVILLE, Texas — A county prosecutor who brought indictments against Vice President Dick Cheney, former Attorney General Alberto Gonzales and others pounded his fist and shouted at the judge Friday about special treatment for high-profile defendants as a routine motions hearing descended into chaos.

Willacy County District Attorney Juan Angel Guerra, who is accusing the public officials of culpability in the alleged abuse of prisoners in a federal detention center, asked Presiding Judge Manuel Banales to recuse himself. Guerra has complained about Banales' handling of the case.

Attorneys for the vice president and other defendants leapt to their feet in objection, as Guerra pounded the table and accused Banales of giving the defendants special treatment in allowing motions to quash the indictments to be heard before the defendants were arraigned.

"Now all of a sudden there is urgency," Guerra shouted. "Eighteen months you kept me indicted through the election." The charges against Guerra were dismissed in October. Guerra lost re-election in the March Democratic primary.

Banales called a recess to contact the chief justice of the state Supreme Court for suggestions on how to proceed, and ordered Guerra, who had slipped out once before in the hearing, to remain in the courthouse.

"I will not obey that order," Guerra said. When Banales implied he would take steps to keep Guerra in court, Guerra agreed to stay if the judge asked him respectfully.

Unlike the initial hearing Wednesday when Guerra was absent and media and attorneys for the indicted appeared in equal numbers, curious residents packed the well-worn pews of the Willacy County Courthouse's only courtroom Friday.

Half of the indictments returned Monday are linked to privately run federal detention centers in the sparsely populated southern Texas county. The other half target judges and special prosecutors who played a role in an earlier investigation of Guerra.

Banales appointed a special prosecutor to handle the local officials indicted along with Cheney, Gonzales and state Sen. Eddie Lucio Jr., D-Brownsville, because Guerra has sparred with them for years.

The vice president is the highest public official Guerra has pursued, but he made a nearly 20-year-career of passing over routine crimes in favor of public corruption before being defeated in the March Democratic primary election.

It was Guerra's interest in the contracts to build and run a federal detention center that led to some of his biggest successes _ three guilty pleas on bribery charges from former county commissioners in 2005. But he also believes it was the motivation for his own legal battles.

Guerra responded to his theft arrest by camping outside the courthouse with farm animals in protest. He continued working for more than a year while under indictment on charges of extorting money from a bail bond company and using his office for personal business until Banales dismissed the indictment last month.

Guerra ran the current investigation into alleged prisoner abuse with a siege mentality. He worked it from his home, dubbed it "Operation Goliath" and kept it secret from his staff, he said. He gave all the witnesses biblical pseudonyms - his was "David" - and sometimes gave false reasons for witnesses' appearances so as not to raise suspicion in a courthouse he believed to be filled with political enemies. A clerk and a judge who share the building were among those indicted Monday.

The grand jury also charged Lucio with illegally profiting from prison consulting fees.

The GEO Group Corp. was indicted on a murder charge for the death of an inmate at a federal prison.

"The indictment is the product of prosecutorial vindictiveness and is void on its face," defense attorney Tony Canales, who represents the private prison operator, wrote in a motion. Canales is also the legal representative for Cheney and Gonzales.

Another indictment alleges that Cheney's personal investment in the Vanguard Group, which invests in private prison companies, gives him culpability in alleged prisoner abuse.

Other indictments charge two district judges, two special prosecutors and the Willacy County district clerk with abusing their powers in investigating Guerra's office.

The defendants did need to appear in person Friday.

Guerra Reveals Evidence
Guerra unveils why his investigation led him to the Vice President

http://www.newschannel5.tv/2008/11/2...veals-Evidence

Wednesday , November 26, 2008

WILLACY COUNTY - District Attorney Juan Guerra says his investigation took him all the way to the top, to the Vice President of the United States. He showed NEWSCHANNEL 5 records that he says could be used to prove Dick Cheney is guilty of criminal activity.

The charges against the Vice President stem from the Willacy State Jail in Raymondville and from the inmate, Gregorio De La Rosa, Jr., who was killed there by a fellow inmate in 2001. Guerra says that the elected officials let the jail get away with murder so that they can keep making money.

"Greed will get you discovered and arrested every time, and that's what happened to Cheney," Guerra said.

Guerra says he went through Cheney's financial records and the prison companies' financial records and found the connection. The three top prison companies Guerra researched were Corrections Corporation of America, GEO Group and Cornell. Those three have the Vanguard Group in common, which is an investment company that puts money into all three prison companies.

"We knew Vanguard was the key," said Guerra.

Guerra showed us the Vice President's financial disclosure from last year and it shows he owned shares in the Vanguard Group. Guerra estimates Cheney has $85 million invested in Vanguard and in turn, into the prison companies.

"The problem you have is he now has a direct interest," said Guerra. And according to Guerra, it's a direct interest in making sure the prison companies stay in business.

In Cheney's indictment, Guerra wrote that "no government officials made efforts to properly investigate the death of Gregorio De La Rosa, Jr.," he says that was due to the "money being made by...government officials."

Guerra claims Cheney put a stop to the De La Rosa investigation in 2006. He claims that Cheney is simply looking the other way while inmates across the country are dying in private prisons which is why Cheney is charged with engaging in organized criminal activity.

2008-CR-0126-A
Eddie Lucio, Jr.
Acceptance of Honararium

2008-CR-0127-A
GEO Group, Inc., Et al.
Murder and Manslaughter

2008-CR-0128-A
Richard B. Cheney
Alberto Gonzales
Engaging in Organized Criminal Activity

2008-CR-0129-A (incomplete)
Migdalia Lopez
Abuse of Official Capacity
Official Oppression

2008-CR-0130-A
Janet Leal
Abuse of Official Capacity
Official Oppression

2008-CR-0131-A
Mervyn Mosbacker, Jr.
Abuse of Official Capacity
Official Oppression

2008-CR-0132-A
Gustavo Garza
Abuse of Official Capacity
Official Oppression

2008-CR-0133-A
Gilbert Lozano
Abuse of Official Capacity
Official Oppression

Cheney, Gonzales indictments dropped

http://rawstory.com/news/2008/Cheney...pped_1201.html

12/1/2008

A judge in Raymondville, Texas has dropped indictments against Vice President Dick Cheney and former Attorney General Alberto Gonzales.

Judge Manuel Banales, after surviving a motion to have him removed from the case, threw out eight of the indictments brought by Willacy County District Attorney Juan Guerra, including those against two special prosecutors, two district judges, and a district clerk.

Judge Banales ruled the grand jury returned the indictments against Cheney and Gonzales unlawfully. Banales also tossed an indictment for corruption against State Senator Eddie Lucio Jr., a Democrat.

Charges were brought against Vice President Cheney and former AG Gonzales for blocking the investigation into a prisoner's murder in a private prison in Raymondville.