Vice president, former AG, state senator indicted
By CHRISTOPHER SHERMAN Associated Press Writer © 2008 The Associated Press
Nov. 18, 2008, 10:49PM

McALLEN, Texas — 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.

Gonzales' 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-Gonzales 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."

Lozano said in a story for Wednesday's edition of 
the Valley Morning Star that he wasn't surprised by the indictments.

"Guerra had made comments that he was going out 
(of office), but that he was going to take 
several officials with him," Lozano said. "I know 
that he has made comments that I am in his hit list."

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.

___

Associated Press writer Deb Riechmann in Washington contributed to this report.


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