DA in Cheney-Gonzales Case Shouts at Judge, Who Seeks Higher-Court Backup
An unusual case in which a South Texas district attorney has obtained indictments of the vice president of the U.S., a former U.S. attorney general, two state court judges and a former federal prosecutor, among others, sparked new courtroom drama today.
As Presiding Judge Manuel Banales sought to hold a hearing, giving the defendants a chance to seek to quash their indictments, Willacy County District Attorney Juan Angel Guerra pounded the table and shouted at the judge. That sent lawyers for the defendants leaping to their feet with objections, reports the Associated Press.
At one point, “Banales called a recess so he could try to contact the chief justice of the state supreme court for suggestions on how to proceed, and ordered Guerra, who had slipped out once during the hearing, to remain in the courthouse,” the news agency recounts. Guerra finally agreed to stay—if the judge respectfully asked him to do so.
When the judge returned, he tentatively scheduled another hearing for Wednesday. He is sending documents concerning a recusal motion by Banales to the chief justice for review, the AP reports.
Professor T. Gerald Treece of the South Texas College of Law in Houston questions whether Guerra has jurisdiction, as a state prosecutor, to pursue federal officials, according to an earlier AP article. And, even if Guerra does, they have a qualified privilege to act within the scope of their jobs, he points out.
The indictments concern alleged prisoner abuse at federal prisons.
Earlier ABAJournal.com coverage:
“After Indicting Cheney & Ex-AG Gonzales, DA is No-Show in Court Today”
