Good morning! PARTLY CLOUDY, HIGH 67, LOW 43 / PAGE B10 EX-OILERS MAY AID TEXANS DEFENSE / PAGE C1

WWW.CHRON.COM WEDNESDAY, JANUARY 25, 2006 ¬¬¬ VOL. 105 • NO. 104 • 50 CENTS

THE ENRON TRIAL Alito win seems all BIZARRE SCENE FUELS but certain UNEASE ON BORDER The judicial panel’s approval ■ Smugglers in DEADLY CROSSINGS mote western Texas on Monday and an expected Activists hoping to reduce fatalities afternoon, hastily fled back Mexican uniforms will arm migrants with maps of the into Mexico, leaving behind vote along party Arizona desert. PAGE A15 nearly a half ton of marijuana retreat when seen and setting one of their vehicles lines make by Texas officers ablaze. armed intruders who were Although no shots were confirmation of wearing Mexican military uni- fired and no one was hurt, the Bush’s pick for the By JAMES PINKERTON forms while evidently escorting episode — along with an inci- HOUSTON CHRONICLE a caravan of sport utility ve- dent in November — height- STEVE CAMPBELL : CHRONICLE Supreme Court U.S. and Mexican officials hicles that was smuggling mari- ened fears that Mexican traf- GETTING PREPARED: Ken Lay, the former chairman of Enron, faces likely. on Tuesday were investigating a juana into the United States. fickers and U.S. border agents seven counts of fraud and conspiracy. His trial starts Monday. bizarre encounter between The smugglers, spotted on are headed for a potentially STORY ON PAGE A4 Texas lawmen and heavily the U.S. side of the border in re- Please see BORDER, Page A7

Ken Lay eager EXXON MOBIL EMISSION to reclaim his reputation

■ That may be too COMING UP great a task even The Chronicle’s coverage of for a man with the the Enron trial: ■ INSIDE TODAY: What you former chairman’s want to know about Enron’s determination main event ■ THURSDAY: The media circus By JOHN C. ROPER ■ FRIDAY: Unindicted co- HOUSTON CHRONICLE conspirators When Ken Lay is not in the ■ SATURDAY: Spotlight on courtroom or a downtown of- Houston fice toiling on his defense, he mostly keeps to a quiet lif- estyle, spending much of his pany he built and no doubt him free time with his five children as well. and 12 grandchildren. Today, though, he is largely Lay’s trial on federal crimi- absent from his once familiar nal charges stemming from En- place on the charity and social ron’s collapse starts Monday circuit, where adulation has and his defense, in large part, been replaced by hushed whis- is that he wasn’t aware of any pers. wrongdoing at Enron and that Despite that, he continues KEVIN FUJII PHOTOS : CHRONICLE the bankruptcy was caused by to venture out in public. He re- a “run on the bank.” mains a member of River Oaks CLEANING UP: Jesus Rodrigues of Jacobs Engineering Group Inc. cleans a home near the Exxon Mobil He has maintained that En- Country Club, where he can refinery Tuesday. An accidental release of process gas oil covered the neighborhood with an oily residue. m ron was an innovative, honest occasionally be found eating company that changed indus- lunch or dinner with his wife. tries and energy markets for People who see him there de-

Magenta the better. That sentiment cap- scribe such moments as “awk- tures how Lay hopes people ward” or even “sad.” Concerns roll in after oil-laden fog will one day regard the com- Please see LAY, Page A12 ■ husband roused her from bed, Residents in 30 men, some carrying buckets Baytown wake up and brooms, others wearing Perry visits backpacks full of cleaning liq- to cleanup crews uid, were spraying down the after residue coats playground equipment, scrub- troops in Iraq bing aluminum siding and homes and cars washing the caramel-colored oil During a splatter that coated residents’ cars. y surprise visit to U.S. By DINA CAPPIELLO “You come out of your troops Tuesday, HOUSTON CHRONICLE house, and they are cleaning, Yellow Gov. Rick Perry The trucks, emblazoned and you say ‘Something ain’t with the names of environmen- right,’ ” said Mixon, 38, who urged Americans tal cleanup companies, arrived has lived in this 58-unit housing to be patient about first, clogging the entrance of project across the street from ASSOCIATED PRESS the Archia Courts public hous- Exxon Mobil’s Baytown refin- ON IRAQ: “I think this is going the war. TRACES REMAIN: Prudencia Silva holds a paper towel soiled with oil ing complex Tuesday morning. ery for 14 years. “We are con- along very well,” Perry said. STORY ON PAGE B3 after wiping down her car windshield near the refinery Tuesday. By the time Judy Mixon’s Please see REFINERY, Page A6 7 8 9 10 11 12 WHAT CHANNEL? What’s in a number? A team name Stations to carry The CW: Merger of The WB, UPN Currently WB Currently UPN ■ worse, it really is the name cho- Think the Alamo, Sam promises the best of both Paying homage sen for the city’s Major League Houston and the birth of a city to the city’s birth, Soccer team. — and a name sprinkled with a ■ Catering to ANOTHER that The WB pro soccer club In case you’re scratching touch of European flavor. DEAL and UPN are your head, wondering where on The name’s main reference young viewers, Disney is consolidating will be called . . . Earth such a name came from, is the year Houston was buying hints at a fall you’re not alone. founded by John and Augustus Note: The the new network lineup that remainder of longtime Houston 1836 Eighteen-year-old Luis Allen on the banks of Buffalo The CW network hopes to close in partner Pixar could include Gonzalez, a student at the Uni- Bayou. It also marks the year coverage will be a combination Animation for Smallville, versity of Houston-Downtown Texas declared its indepen- of selected UPN and WB stations. on the ‘Big Four’ Gilmore Girls, By BERNARDO FALLAS Primetime household ratings $7.4 billion. campus and a fan of Mexican dence from Mexico, the Battle PAGE D3 Veronica Mars, HOUSTON CHRONICLE First Division team Chivas de of the Alamo and the defeat of TV seasons from Sept. to May: Everybody By MIKE McDANIEL The latest addition to Hous- Guadalajara, was skeptical General Antonio Lopez de 12 NBC CBS Hates Chris and America’s Next ton’s professional sports land- when first confronted with the Santa Anna’s Mexican army at 10 HOUSTON CHRONICLE Top Model — all on one channel scape finally has a name, and name Tuesday evening while at the hands of General Sam 8 Two small networks that called The CW. the team will make it official to- Kicks, an indoor soccer facility Houston in the Battle of San Ja- 6 have struggled for more than 10 The new network will have FOX WB ABC day. near downtown Houston. cinto during the Texas Revolu- 4 years to court younger TV audi- the 50-50 backing of CBS Corp. How does Houston 1836 After a long pause, Gonzalez tion. ences are merging in hopes of and Warner Bros. (“C” for CBS, 2 UPN c grab you? was a bit puzzled. After a briefing, Gonzalez 0 finally competing with ABC, “W” for Warner), two major No, it’s not a spinoff of Bev- “Where does it come from?” seemed sold on it. ’96 ’98 ’00 ’02 ’04 CBS, Fox and NBC. players with deep pockets and

Cyan 1836, Sources: CBS Corp.; Tribune Co.; MERGER, erly Hills 90210. For better or he asked. Please see Page A6 Nielsen Media Research AP Tuesday’s announcement Please see Page A6

BUSINESS SPORTS INSIDE Editorials ...... B8 Business ...... D1 Flavor ...... F1 ‘The focus of downtown’ Kissimmee bound? Casey ...... B1 Hale ...... E1 A $200 million entertainment, office and residential Despite Astros’ contention he’s too hurt to play, Jeff Crossword ...... E12 Lottery ...... B2 project is planned near the convention center. PAGE D1 Bagwell plans on going to spring training. PAGE C1 Dear Abby ...... E4 Obituaries ...... B6 WE RECYCLE A6 HOUSTON CHRONICLE ¬¬¬ THE JUMP PAGE Wednesday, January 25, 2006

1836: Soccer team’s REFINERY: Workers tested water, air

CONTINUED FROM PAGE A1 name inadvertently cerned about our health.” Living next door to an oil re- finery comes with its share of leaked on Web site noises, odors, and the glow of flares burning off gases. Numer- ous times, residents of Archia CONTINUED FROM PAGE A1 be excited about it.” Courts have called to complain. “It sounds good,” he said. Candidates included the But Tuesday, no one could recall “Once you know what it means, Apollos, Generals, Lonestars anything like this. there’s a meaning to it. It’s got and Toros. “This is the worst one I have the number thing going. I’d go Neither franchise nor league seen,” resident Patricia Johnson for that.” officials would comment on the said. The name first surfaced as name or a version of the team The Texas Commission on one of 13 choices in a “Name the logo — a black star outlined in Environmental Quality, the Team Sweepstakes” held orange with the word Houston agency in charge of protecting through Jan. 6 after franchise and the year 1836 emblazoned the public from pollution, said owner Anschutz Entertainment on it — both of which were Exxon Mobil did not tell it that Group relocated the team for- leaked after a breach of the the incident had affected the merly known as the Earth- league’s Web site and circulated community or of the cleanup, quakes from San Jose, Calif., in on Web blog site bigsoccer.com, until Tuesday evening, well af- early December. according to a league official ter residents had begun com- who requested anonymity. plaining to the company Mon- European tradition, sort of “I can neither confirm nor day morning. Most popular in Europe, par- deny the report,” franchise “It doesn’t appear that they ticularly Germany, the style of president Oliver Luck said late have notified us,” said Terry naming a team after a year is Tuesday. “An official an- Clawson, an agency spokesman. considered a soccer staple. Ger- nouncement will be made (to- An Exxon spokeswoman said man teams such as Hannover 96 day).” the company was busy gather- KEVIN FUJII : CHRONICLE (1896), Bayer 04 Leverkusen, ing information, notifying CONCERN: Donna Laurence, from left, Patricia Robinson and Judy Mixon watch workers clean their homes FC Schalke 04 (both 1904) and ‘Passionate fans’ neighbors and addressing local near the refinery Tuesday afternoon. Mixon described it as a “white, thick fog with grease and a chemical smell.” FSV Mainz 05 (1905) are among Similarly, MLS spokesman concerns. the most popular in Europe. Dan Courtemanche declined to “Being out there speaking to The style migrated to other comment on the matter and di- neighbors . . . is as important as Baytown 1 mile Chris Erickson wrote. they had had enough and parts of the world, including rected all inquiries to officials at talking to the TCEQ,” Jeanne The letter also stated that the wanted the company to pur- ExxonMobil 330 Latin America, in the early today’s event, which is sched- Miller said. “We updated the Chemical company reported the spill “to chase the land, much like it has 1900s. uled for 2 p.m. at Lanier Middle TCEQ according to the regula- Park the appropriate agencies and lo- bought out many of the other Houston’s name would have School’s main auditorium tions.” cal authorities.” residences on the east side of a different connotation. It (2600 Woodhead). Earlier Tuesday, Archia ExxonMobil 146 Donna Laurence, 46, whose the plant. “I would like to get would not make reference to the Courtemanche, however, Courts residents stood in the Refinery back door faces the refinery, out of here today if I could,” year the team was founded, as seemed encouraged by the in- middle of Clyde Drive, clutching Bayway one of the country’s largest, Mixon said. do most European names. terest in the team shown by cordless phones and telephone said the spill caused her house Mike Hensley, who manages fans, even if the element of sur- books. Others held stacks of Scott Bay to tremble about midnight. Out- Cleaning it up KICKS, said the name was not prise for today’s event is gone. business cards from the parade Archia side, she said, the mist was so Exxon Mobil officials and the the most popular choice among “It’s great that we have such of representatives they had met Courts thick she couldn’t see through executive director of the Bay- patrons. passionate fans who want to from Exxon Mobil in recent it. town Housing Authority said “A lot of people weren’t fa- find what the name of the team days. They had called so many ROBERT DIBRELL : CHRONICLE The next morning, Johnson they were making progress to- miliar with the historical aspect is going to be,” he said. numbers and talked to so many tried to drive to work, but the ward a sale of the property. The of the year,” said Hensley, who Houston 1836 will begin the people about the oil-laden white cording to a company official. film on her windshield blurred question, they said, is where to nonetheless added that 1836 MLS season on April 1 and will fog that seeped into their neigh- her view. Mixon described it as move the residents. was among his top choices. “I use the University of Houston’s borhood early Monday, they Letter to residents a “white, thick fog with grease In the meantime, the com- think it’s a perfect fit. I think Robertson Stadium as its home. had lost track. The letter from Exxon Mobil and a chemical smell.” pany is being responsible, said once the why and the root of the “They are trying to cover it arrived Tuesday, the same day Exxon Mobil said a review of Bill Eiland, the housing authori- name is explained, people will [email protected] up quick,” said Bryan Dieu- the Baytown Housing Author- the health effects of process gas ty’s executive director. donne, standing in a huddle ity, which owns the property, oil shows that inhaling the drop- “They contacted us letting us with his neighbors. “We’ve was notified. Addressed “Dear lets should not cause harm. know it was taking place,” been breathing this stuff since Neighbor,” it said that process However, the droplets may Eiland said. “They are out try- To subscribe, Sunday.” gas oil — a heavy, waxy lubri- cause irritation if they get into a ing to clean it up.” call 713-220-7171 Monday afternoon, hours af- cant closely related to crude oil person’s eyes. The cleanup, being per- ter one of the residents called — spilled from one of its heated The rumors swirling around formed by three contractors, or 888-220-7171 the company with a complaint, storage tanks just across the Archia Courts on Tuesday was expected to be finished by chron.com/subscribe workers wearing jumpsuits and road. When the spill occurred, sounded more dire: The work- sundown Tuesday. plastic gloves showed up. Some “steam containing some oil was ers, someone said, were remov- “If they are not made whole, took samples from cars and col- released from a vent and carried ing contaminated gravel from we will go out and take care of lected water for testing from by wind over our fence.” underneath the swing set. Chil- the problem,” Miller said. “We curbs, residents said. An indus- “This event is disappointing dren shouldn’t play outside. are worried about inconve- trial hygienist arrived before and does not reflect the way in The oil released had benzene in niencing these folks.” sunrise, tested the air for ben- which ExxonMobil strives to it, which causes cancer. zene and found no pollution, ac- operate,” refinery manager Residents said Tuesday that [email protected]

MERGER: Executives kept negotiations quiet

CONTINUED FROM PAGE A1 But three immediate effects A NEW LINEUP FitzSimons and Time Warner enormous clout in the enter- are obvious. president and COO Jeff Bewkes, tainment world. One, a plus, is that two finan- The WB and UPN will be quietly hammered out a deal. The CW, like The WB and cially struggling, smaller net- shut down this fall to form a Roger Bare, general manager UPN, will target the 18-34 audi- works become one financially new network: The CW. No of KHWB, said he had no in- ence, “with a teen overlap,” said healthier, bigger network. immediate changes will occur kling of the deal until Tuesday’s Brad Turell, speaking on behalf Two, a minus, is that studios to local stations or program announcement. of Warner Bros. that provide shows to television lineups, and the stations will “For something of this size to Since launching in 1995, have one fewer outlet to sell to. operate separately until the be happening, to keep it under both The WB and UPN have Three, a draw, is that Tri- September launch. wraps is a major accomplish- made inroads with younger bune is giving up its 22.5 per- ment,” he said. viewers. cent equity stake in The WB. The shows The WB takes credit for Warner Bros. owned 77.5 per- Familiar format launching the careers of fresh- cent. Though The WB never The CW’s programming The CW will adapt a pro- faced stars such as Tom Welling made money, the deal leaves assets include: gramming format identical to and Kristin Kreuk (Smallville), Tribune out should The CW be- ■ UPN: America’s Next Top The WB’s. It will program six Chad Michael Murray (One Tree come a success. Model, Veronica Mars, nights of prime time (Saturdays Hill) and Alexis Bledel (Gilmore The CW should launch with Everybody Hates Chris, will be excluded), two hours of Girls). significant audience reach, be- Girlfriends and Smackdown Sunday afternoon, a weekday This season UPN added the cause Tuesday’s deal also sig- afternoon children’s block and a family friendly hit comedy Ev- nals license renewal agreements ■ The WB: Beauty and the five-hour Saturday morning erybody Hates Chris to its with affiliate stations. Tribune Geek, Smallville, Gilmore animation block. lineup. gave up its equity stake in re- Girls, Supernatural and Reba Bare was cautiously optimis- Although officials say the turn for 10-year licensing deals tic about the network change. prime-time programs will be for its stations. ■ The CW lineup: Between “A stronger prime lineup the “best” of both networks, Those agreements, which now and May, when all should mean stronger lead-ins that does not necessarily mean were to expire in August, mean networks announce their fall to our 9 o’clock newscast,” he they will be the shows with the The CW will be available to 16 programming plans, said. highest ratings. major-market Tribune stations, executives of The CW will The new arrangement could Turell expressed enthusiasm including Houston, Dallas, New come up with a lineup give him better programming for UPN shows that reach urban York, Los Angeles, Chicago, consisting of the best and an advantage over Channel audiences, like Girlfriends and Boston, Miami, Denver, St. programs now running on the 20 in attracting advertisers. Half and Half. Louis, San Diego, Indianapolis, WB and UPN. Shows they “But that depends on what “Urban comedies will stay on New Orleans and Washington, don’t pick likely will be (Media Corp. chief) Rupert the air,” said Turell. “I don’t D.C. canceled. Murdoch and senior manage- know how many of them but In addition to the Tribune af- ment at Fox decide to do with certainly at least one night.” filiates, CBS Station Group Local impact their UPN stations,” he said. “It Some in the industry think owns 12 stations in such top The new network launch will depends on the competitive the new network could success- markets as Philadelphia, San affect Houston viewers in landscape and how it changes. I fully consolidate the best pro- Francisco, Atlanta, Detroit, Se- these ways: think it got better for us, but gramming from each of its com- attle, Pittsburgh and Tampa, we’ll have to wait and see.” ponents. Fla. ■ Channel 39: KHWB-TV, Fox could reprogram its UPN Those two station groups, owned by Tribune Company, stations with off-network and ‘A powerful network’ combined, represent a reach of will become an affiliate of syndicated fare, or it could de- “It makes sense,” said Larry 48 percent of the country and The CW. cide to go in a completely differ- Kelley, executive vice president 20 of the nation’s 25 largest TV ent direction, offering a mix of of ad buyer Fogarty-Klein- markets (Houston is No. 10). ■ Channel 20: KTXH-TV, local sports and news. It’s also Monroe. “Both UPN and The The CW plans to make deals owned by Fox Television not impossible that the station WB were occupying the same with UPN and WB stations in Stations, will have to come could close down. niche from a programming per- other markets for an overall 95 up with a new programming “To be competitive, it won’t spective. If you take on the best percent audience reach. plan before September or go dark,” said Kelley. “UPN and shows from each, they could Dawn Ostroff, president of abandon the market. The WB were very similar with have a powerful network.” UPN, will become president of who they were going after. (Fox) The goal of the merger is to entertainment of The CW. John and Barry Meyer, chairman and may reformulate and take an- turn two also-rans into a net- Matta, chief operating officer of CEO of Warner Bros. Entertain- other tack.” work that could compete with The WB, will become COO of ment. Efforts to reach Jack Aber- the so-called “Big Four.” the new network. Both were aware of their nathy and Dennis Swanson, ex- “I really think they could similar circumstances: unprof- ecutives in charge of Fox Televi- have something where they get Eight weeks of talks itable networks, unsigned affili- sion Stations, were unsuccess- into that ‘Big Five’ type of The topic of a UPN-WB ation agreements. They thought ful Tuesday. Calls placed to thing,” Kelley said. merger first came up during the they could do better. Channel 26/Channel 20 general Whether the newly com- Thanksgiving holiday at a din- For the next eight weeks, top manager D’Artagnan Bebel bined network ultimately will ner conversation between Leslie people with both companies, were not returned. alter the television landscape Moonves, president of CBS along with Tribune Company remains to be seen. Corp., owner of CBS and UPN, president and CEO Dennis [email protected]