Texas Border DA Arrested on New Charges

Friday March 23, 2007 3:01 AM


By LYNN BREZOSKY

Associated Press Writer

RAYMONDVILLE, Texas (AP) - A South Texas prosecutor who says he's the target of political vendettas was arrested Thursday on numerous corruption charges, despite an appeals court ruling halting an investigation into his office.

The indictments against Willacy County District Attorney Juan Guerra allege he lied to a grand jury, tampered with records and used county equipment and office personnel for personal business. Two of his assistants also face charges.

A judge set Guerra's bond at $10,500. Guerra remained in the county jail late Thursday afternoon, and his assistant, Ernesto Gonzales, said he planned to stay as a form of protest.

District and county court matters have been stalled since February, when Guerra was indicted on public theft charges. He proceeded to camp in front of the county jail with goats, roosters, and a horse to symbolize the ``circus'' surrounding him. Those charges were dismissed.

Guerra has said he is unable to work because his computers were seized and he believes his files may have been tainted.

A state appeals court last week ordered special prosecutor Gustavo ``Gus'' Garza, a longtime political rival of Guerra, to halt his investigation into Guerra.

``They have just flat-out violated the order,'' said Guerra's attorney, Gilberto Hinojosa. ``In my 30 years of practicing law I have never seen this happen.''

Because the grand jury met without Garza and used indictments that were ready before the appeals court decision, the appeals decision did not apply, said Gilbert Lozano, clerk of the district court.

Garza said the investigation was spearheaded by the grand jury and the new indictments took him somewhat by surprise.

``Mr. Guerra erroneously blames Judge Migdalia Lopez. He claims she's the one behind it, and when that doesn't go well for him then he blames me,'' Garza said. ``The grand jury system works. There's no doubt in my mind that the charges are legitimate.''

A judge in Nueces County set bond at $10,500 after Lopez, the state judge who appointed Garza, recused herself Thursday.

Garza was appointed as special prosecutor in January by Lopez, who cited concerns by grand jurors about Guerra's courtroom conduct.

Lopez has said she cannot comment under the state's Code of Judicial Conduct.

Guerra sought last month to have Lopez, the only state judge for the county, removed from all his cases. He contends she is acting under the thumb of higher-ups upset with his public corruption investigations.


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