The Murder of Irene Garza

The Reluctant District Attorney

René Guerra, District Attorney of Hidalgo County, Texas, decided that the Garza murder case was unsolvable and let everyone know his opinion: “Her killer got away. Where are you going to find the evidence? I reviewed the file some years back; there was nothing there. Can it be solved? Well, I guess if you believe pigs can fly, anything is possible. Why would anyone be haunted by her death? She died, her killer got away.”72Emma Perez-Trevio, “District Attorney Inhibiting Police’s Desire to Pursue Murder Suspect,” Brownsville Herald, September 27, 2003.

In October 2003 Guerra announced that he had reviewed the case and “refuse[d] to present the case to a grand jury” because of the lack of physical evidence linking Feit to the murder. When reminded that Feit’s slide viewer had been found adjacent to the body, Guerra replied, “Now, who put it there?”73 Anderson Cooper, “Justice on Trial: Keeping Them Honest,” 360 Degrees, June 8, 2007.   Guerra blocked plans to arrest Feit and vowed to dismiss any case brought by the police. He claimed “you do know that in this case a lot of people have personal motivations. I know some people are writing books, they want to be in a cold case movie, or on TV, or write a book like John Grisham.”74James Pinkerton, “After Forty-Three Years Torment of Slaying Still Lingers,” Houston Chronicle, December 7, 2003. Guerra wanted DNA evidence, or a confession, or a witness to the murder before he would send the case to the grand jury. Lynda de la Viña, a cousin of Irene Garza, reported that District Attorney Guerra had told her “Feit would never be indicted for Garza’s death.”75Sarah Ovaska, “Garza Case Closed Without Indictment,” McAllen Monitor, June 10, 2004.

After pressure from the Garza family who held a vigil in Irene’s memory across from the courthouse on November 1, 2003, the Day of the Dead,76Emma Perez-Trevio, “Vigil Planned for Murder Victim,” Brownsville Herald, November 1, 2003. Guerra in March 2004 sent the case to the grand jury. But the only person from Sacred Heart Church who was called to testify was Elena Sanchez, the church secretary, who had been a defense witness in Feit’s 1961 assault trial.77Sarah Ovaska, “Grand Jury Continues to Hear Evidence for Irene Garza Case,” McAllen Monitor, March 18, 2004. Other witnesses were heard only by tape recording.78Anderson Cooper, “Justice on Trial: Keeping Them Honest,” 360 Degrees, June 8, 2007. Guerra fed the grand jury evidence every Wednesday for fifteen weeks and called police officers only in the eleventh week.79David J. Krajicek, “Killer Priest?” New York Daily News, April 24, 2005. The grand jury decided not to indict Feit.80 Mariano Castillo, “Grand Jury Returns a No Bill in the Forty-Four-Year-Old Homicide Case,” San Antonio Express-News, June 10, 2004. With that the police closed the case. Media organizations asked to see the investigative file: Guerra threatened to prosecute McAllen Police Chief Victor Rodriquez if he revealed the material, because, Guerra claimed, “there are some things that have to be kept secret that just cannot be put into print.”81“Media Seeks File on 1960 Texas Homicide,” APOnline, June 15, 2004.

But these things were not kept secret.

The police reports found their way into the hands of the media82 Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004. ; reporters spoke to O’Brien and Tacheny, and Guerra had to explain his actions or failures to act.83Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004. Guerra said that he thought Tacheny and O’Brien were unreliable witnesses, although his office never sought to interview them. Guerra thought that O’Brien was an unreliable witness, “I felt Father O’Brien was in a delicate state of mind and physical health.”84Anderson Cooper, “Justice on Trial: Keeping Them Honest,” 360 Degrees, June 8, 2007.   Guerra asked about O’Brien, “Is he in a condition to say anything, mental problems?” he said. O’Brien was of “questionable status” and had “a lot of problems.”85 Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004. Guerra dismissed Tacheny because he had left the priesthood and might have “an ax to grind” with the church, and suspected him of hoping to make money by writing a book about the case.86Anderson Cooper, “Justice on Trial: Keeping Them Honest,” 360 Degrees, June 8, 2007; Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004. Guerra claimed that the Texas Rangers suborned perjury from the witness: “I have proof in writing that the Ranger gave a witness all the information that he needed to testify in court on the person he suspected. The monk was not truthful when he said he knew about Irene Garza before he talked to law enforcement.”87“DA Campaign Battle Rages,” McAllen Monitor, April 8, 2006. When asked why Feit wasn’t called before the grand jury, Guerra replied, “If I make him a target, he’s got the right to tell me to go to hell.”88Anderson Cooper, “Justice on Trial: Keeping Them Honest,” 360 Degrees, June 8, 2007.

After the grand jury failed to indict Feit, Tacheny came to Texas to visit Irene Garza’s grave and to apologize to her family for his part in the cover-up. He even stopped by to see Guerra and decided, “It’s a waiting game. When O’Brien and I are dead, that’s the end of it.”89Pamela Coloff, “Unholy Act,” Texas Monthly, April 2005. O’Brien died in 2004. When asked why Tacheny accused him, Feit replied “I think he’s demented.”90 Gary Tuchman, “Retired Priest Questioned About 1960 Murder,” CNN, May 30, 2007. When asked why O’Brien accused him, he replied in a Latin phrase that the reporters learned meant “say nothing bad about the dead” – De mortuis nisi sed bonum.

After a hotly contested election in 2006, in which he was severely criticized for his failure to prosecute John Feit, Rene Guerra was reelected and remains the District Attorney of Hidalgo County; and the Garza murder case will not be pursued any further. Irene Garza’s cousin, Noemi Ponce Sigler, sees Guerra as the main obstacle to the truth: “The plan of Rene Guerra is to bury the facts with Irene.”91Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004.

Police Chief Rodriguez said that Guerra’s conduct has been “completely contrary to the role of prosecutor” and completely inexplicable.92 Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004. Juan Trevino of the McAllen cold case squad, when asked in 2007, “Who do you think committed the murder,” replied “John Feit.”93 Anderson Cooper, “Justice on Trial: Keeping Them Honest,” 360 Degrees, June 8, 2007.

Forgive and Forget?

The issues of justice and forgiveness were brought up by many of the participants in the case, and for some people a certain concept of Christian forgiveness seemed to obviate the demands of earthly justice.

Guerra said that “If John Feit did this I hope he will atone for his sin,” and as to Irene Garza, “I think that if she died leaving the church after confession, that she died in a state of grace and she should be in heaven, as I believe in God.”94Brooks Egerton, “DA Refuses to Pursue Ex-Priest,” Dallas Morning News, September 20, 2004.   Garza’s sister, Josie Cavasos, 2002 did not want the murder case pursued or the murderer brought to justice: “I feel like that’s between the person who murdered my sister and God. And if he’s asked God for forgiveness, he’s going to heaven just as much as anyone else, so what’s the point in all this…The Lord takes care of all these things.”95Brenda Rodriguez and Doug L. Swanson, “Ex-Priest Fights Suspicion Again in ‘60 Slaying,” Dallas Morning News, November 3, 2002. She added that “it was my parent’s wish as well as mine, that the person who did this ask for forgiveness because we don’t want him to be damned for eternity. We want him to go to heaven.”96 Emma Perez-Trevio, “Former Priest Denies Link to Old Murder,” Brownsville Herald, July 16, 2002. The other members of Garza family said they had been criticized for pursuing justice for Irene and were told “if we were truly Christian, we should forgive and forget.”97Sarah Ovaska, “Family Holds Memorial Service for Irene Garza,” McAllen Monitor, April 18, 2004. Victims of sexual abuse by priests were frequently told the same thing; many Christians think that verse appears in the Bible.

Noemi Ponce Sigler said “Perhaps we’re all operating with different ideas of justice. All I know, is that Irene was murdered, and that nobody has seen justice.”98Robert Nelson, “Altar Ego,” Phoenix New Times, July 7, 2005.

Irene Garza before her death had written to a friend, “I pray to God that I will  love him as I should because many times I find myself wanting to rebel against Him, especially with all this sadness in the world. But I know I’m just a human and He’s so much smarter than I. Who am I to question His ways? God didn’t make things easy for us.”99Emma-Perez-Trevio, “Forty-year-old murder, unsolved, unforgotten,” Brownsville Herald, July 22, 2002.