DA in Cheney Case, Guerra, Files Motion to Recuse Judge Banales

[Emit]

Follow up to previous thread: Breaking: DA in Cheney case to be taken into protective custody
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=4505775&mesg_id=4505775

BRIEF: Guerra Files Motion to Recuse Judge Banales
Valley Morning Star (Harlingen, Texas)

2008-11-21

By Valley Morning Star, Harlingen, Texas

Nov. 21--RAYMONDVILLE -- A strange string of events took another twist when Willcay County District Attorney Juan Angel Guerra filed a motion to recuse State District Judge J. Manuel Banales.

Guerra claims that Banales is biased for not treating a litany of federal, state and local officials like he was treated when he was indicted earlier this year.

Banales immediately called a one-hour recess to consult with the Texas Supreme Court and ponder the motion. Attorneys for the indicted officials were urging Banales to acquire another judge from either Cameron or Hidalgo county to allow the proceedings to continue.

~snip~

http://airamerica.com/full_story/123638187

More background:

~snip~

Guerra said he does not understand why lawyers are challenging the validity of the indictments.

"Why are all these things coming forward right now?" Guerra asked. "Why are we not setting it up for pre-trials (hearings) like we do all the other cases? What is the urgency?"

There is no reason for lawyers to question the way the indictments were handled, Guerra said.

"They were done in the same way we did them with County Judge (Eliseo) Barnhart and he was convicted (of two counts of aggravated perjury)," Guerra said. "I'm not sure why they're getting out of the routine, the regular way we handle indictments."

On Wednesday, Bañales ruled that none of the defendants in the case, including Cheney, Gonzales, Lucio, state District Judge Migdalia Lopez (the only district judge presiding in Willacy County), state District Judge Janet Leal, Guerra's longtime rival Gustavo Ch. Garza (former Willacy DA, now Cameron County justice of the peace at Los Fresnos) need to appear in court if represented by their attorneys.

Bañales set an arraignment and motions hearing for this morning.

Guerra said he had already arranged for the officials to avoid arrest, arraignment and posting bond.

"That is not the judge's doing; that was my doing," Guerra said. "The statute says that, upon presenting of indictments, the prosecutor can request that summons may be issued instead of indictments. I'm the one that requested summons."

~snip~

http://www.themonitor.com/articles/guerra_20137___article.html/willacy_raymondville.html

[midnight]

1. The judge and gang seem to be pulling some punches here.

[Jane Austin]

2. Or, as one pretty young thing read on CNN this afternoon,

Guerra said the judge should "rescue himself".

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

[Gregorian]

3. The only answer is- Cheney is Satan.

There is no doubt that anyone going up against Cheney knows they are really up against a literal army of attorneys. Not one. An army of them. The judges know it. The prosecutors know it.

Something tells me we'll be lucky just to be rid of them by vote. Much more, we probably won't get. Well, we'll get it, but in twenty years time after hoards of legal work chip away at hard to get evidence. Like Pinochet.

[wildbilln864]

4. Thanks for keeping up with this...

and keeping us posted as well. And TTGPWY. :hi: