Judge Manuel Banales said Willacy County prosecutor Juan Angel Guerra failed to show up for a court appearance for his indictments against Cheney and former U.S. Attorney General Alberto Gonzales, the San Antonio Express-News said Thursday.
"At the very least, I expected the district attorney to be here," Banales said of Guerra's absence Wednesday.
Guerra's office manager, Hilda Ramirez, told Banales she had been unsuccessfully attempting to contact the prosecutor all day.
The prosecutor has been heading up the legal efforts against the vice president and Gonzales, along with state Sen. Eddie Lucio, a prison company and a number of other officials.
The Express-News said Cheney and Gonzales are accused of influencing a privately contracted prison facility and U.S. Immigration and Customs Enforcement. An inmate died at the facility in 2001.
The vice-president also faces a charge of investing in private prison companies despite his position.