indicments against dick cheney dismissed

Raymondville, Texas (AP) – A judge dismissed indictments against
Vice President Dick Cheney and former Attorney General Alberto
Gonzales on Monday and told the southern Texas prosecutor who
brought the case to exercise caution as his term in office ends.

Willacy County District Attorney Juan Angel Guerra had accused Cheney
and the other defendants of responsibility for prisoner abuse. The judge’s
order ended two weeks of sometimes-bizarre court proceedings.

Guerra is leaving office at the end of the month after soundly losing in
his March primary election.

“I suggest on behalf of the law that you not present any cases to the
grand jury involving these defendants,” Administrative Judge Manuel Banales
said in court while ruling that eight indictments against Cheney, Gonzales
and others were invalid.

He also set a Dec. 10 hearing on whether to disqualify Guerra from those
cases.

Even in defeat, Guerra saw the outcome as confirmation of the very conspiracy
he had pursued. “I expected it,” he said. “The system is going to protect itself.”

Banales withheld judgment on whether probable cause existed for the Cheney
and Gonzales indictments because they were not represented in court and
did not present any argument. For the other defendants, he found no probable
cause to support the charges.

A White House spokeswoman said Monday night that Cheney’s office had no
comment. A call to Gonzales’ attorney was not immediately returned.

Three of the eight indictments returned Nov. 17 targeted private prison operator
The GEO Group, state Sen. Eddie Lucio Jr., Cheney and Gonzales, as part of an
investigation into prisoner abuse at privately run federal prisons in the county.

Guerra ran the 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.”

Banales dismissed all eight indictments because GEO Group attorney Tony Canales
showed that two alternate jurors were part of the panel that day but had not been
properly substituted.

Five of the indictments – against two district judges, two special prosecutors and
the district clerk – were dismissed because Guerra was the alleged victim, witness
and prosecutor. The indictments accused the five of abusing their power by being
involved in a previous investigation of Guerra.

The indictment against Cheney alleged that his personal investment in the Vanguard
Group, which invests in private prison companies, made him culpable in alleged prisoner
abuse at privately run federal detention centers.

Gonzales was accused of using his position to stop an investigation into abuses at
a federal detention center.

Lucio was alleged to have used his Senate position to profit as a prison consultant,
but Banales ruled that the indictment failed to address whether Lucio knew he was
only being hired to consult because he was a state senator.

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