2007 Weekly local football review

chris%20Jessie.jpg(AP photo; previous weekly reviews here)
Texans 42 Jaguars 28

The Texans (8-8) beat the Jaguars (11-5) junior varsity team to achieve their first non-losing season in the team’s six year history. The difference in this one was two kickoff returns for TD’s and a fumble recovery to set up another by Texans’ WR Andre Davis, who the Texans picked up off the scrap heap just before the beginning of the season. Talk about a nice bargain buy.
So, with the final game of the season in the books, now the season of unending media analysis of the Texans’ sixth season opens. The lead-up to the game prompted yet another incoherent outburst from Chronicle sportswriter Richard Justice (compare that to this largely contradictory blog post from less than two weeks ago), whose inept coverage of the Texans over the past several years (see here and here) rivals fellow Chronicle columnist Jose de Jesus Ortiz’s coverage of the Stros for sheer incompetence. For an even-handed and insightful evaluation of the Texans’ season by position, see this Lance Zierlein blog post.
Despite their 8-8 finish, the harsh reality is that the Texans have not made much progress since the end of Year Three, when they finished with a similar 7-9 record and comparable statistics versus the league. Based on the steady progress of the Texans during their first three seasons of existence, former Texans coach Dom Capers made the ill-fated decision to make several fundamental changes on both offense and defense between Year Three and Four in an effort to elevate the Texans to playoff-contention status. As we all know now, those decisions had precisely the opposite effect, leading to a disastrous 2-14 record in Year Four.
That experience prompted Texans owner Bob McNair to clean house, change the management structure of the team and effectively start over with an untested assistant coach as the new head coach. Through Year Two of the Gary Kubiak era, there is still no clear indication whether the Texans will be any more successful under Kubiak than those first Texans teams were under Capers.
On the positive side, the defense has a nucleus of young players with potential, so with proper seasoning, that unit could develop into an above-league average unit over the next couple of seasons. Similarly, Kubiak & Co. have made a number of savvy personnel moves, particularly in improving the wide receiving corps. On the other hand, Kubiak’s supposed area of expertise — i.e., the offense — has been plagued by a couple of really bad personnel decisions, initially the decision to keep QB David Carr, then the decision to go long on over-the-hill running back, Ahman Green.
Is Kubiak the coach to turn the Texans fortunes around? I don’t know, but I am impressed by his willingness to recognize mistakes and make changes, which reflects that he is not burdened with the stubborness that often undermines NFL head coaches. Inasmuch as continuity in coaching staffs and personnel is one of the most common elements of successful NFL teams, my sense is that Kubiak has shown enough that McNair would be prudent to endure the mistakes of this young coach on the hope that such stability will ultimately be rewarded with a winner. Goodness knows McNair deserves it, given the excellent facilities and support that he has always provided to the Texans football operation.
But just don’t count on big improvement next season. The better bet for a Texans playoff drive is the 2009 season.

Texas Longhorns 52 Arizona State 34

The Longhorns (10-3) dominated Arizona State (10-3) in an entertaining Holiday Bowl game that firmly established Longhorn Coach Mack Brown’s son-in-law — Chris Jessie (pictured above) — as one of the most unlikely “almost-scapegoats” in the storied history of Texas football. Despite the satisfying win, the Horns have several big issues to resolve during the off-season, such as shoring up a leaky defensive unit and replacing star RB Jamaal Charles if he elects to turn pro. The Horns are loaded with talent, but it’s unlikely that they can overtake Oklahoma in the Big 12 South without substantial improvement in their defensive unit.

Penn State 24 Texas Aggies 17

Do you think it’s possible that A&M’s Alamo Bowl experience could have gone any worse?
First, an Aggie Yell Leader at a pre-game pep rally exclaimed that legendary Penn State football coach Joe Paterno was “on his death bed” and “needed a casket.” Check it out:

The Yell Leader’s bad judgment prompted embarrassed university officials to fall over themselves apologizing to Paterno, who was gracious in playing down the incident.
Then, after taking a quick 14-0 lead in the game, the Aggies turned the ball over three times in allowing Penn State to dominate the rest of the game. The killer turned out to be a failed fourth-and-less than one yard call midway through the 4th quarter inside the Penn State five yard line. Rather than simply diving for the first down, Aggie QB Stephen McGee fell down for a loss on a busted option play while pile-driving 275 lbs RB Jovorskie Lane sat on the bench. That prompted Lane to break down crying (h/t Jay Christensen).
Thus, the demoralizing Alamo Bowl defeat was a fitting end to the disappointing Coach Fran era at A&M. New Aggie coach Mike Sherman has a number of pressing personnel issues to address, not the least of which is what to do about QB McGee, who returns next season for his senior season. A QB’s performance is often adversely affected by peer effects, so McGee’s poor showing this season may be the product of an obsolescent option offense and below-average WR’s. But my sense is that McGee does not pick up secondary receivers well enough to flourish in the pro-style passing offense that Sherman wants to implement next season. As a result, don’t be surprised to see a new QB under center for the Aggies next season.

TCU 20 Houston Cougars 13

As noted earlier here, it’s far from clear at this point as to whether former University of Houston head football coach Art Briles made the right career decision in leaving UH to take the Baylor head coaching position.
However, one thing is clear. Briles’ decision to bail out on his UH team before its bowl game — along with taking his top two offensive assistants with him — probably cost the Cougars their first win in a bowl game in 27 years. The way Briles abandoned his UH team has hurt his reputation, particularly considering that new A&M coach Mike Sherman and new UH coach Kevin Sumlin both completed their responsibilities with their current teams before assuming responsibility for their new jobs. Briles will need his good reputation if things don’t work out at Baylor, which is not an easy place to improve one’s reputation as a football coach even under the best of circumstances.

What’s wrong with the Houston Rockets?

Houston%20rockets%20logo.gifDave Berri breaks it down. The bottom line is that no player on the Houston Rockets is playing as well as they did last year. Moreover, Tracy McGrady is no longer a dominant player — indeed, he is now just another above-average NBA player. Add in the fact that, as of mid-December, Yao Ming ranks as only the 9th most productive center in the NBA so far this season and you have all the ingredients necessary for an underachieving team.
My younger daughter and I took in the Rockets’ victory over the Toronto Rapters at Toyota Center on Saturday night, which pulled the Rockets back to a .500 record (15-15) on the season. The Rockets were playing the backend of back-to-back games, so they pulled out the win even though they played without McGrady (who is out for a few games with a sore knee) and were a bit sluggish overall.
However, my sense from watching the game is that Rockets Coach Rick Adelman has finally settled on his rotation. Yao will take most of the minutes at center with Luis Scola taking the balance, Chuck Hayes, Scola and promising newcomer Carl Landry will share the minutes at power forward, McGrady, Bonzi Wells and Shane Battier will share the minutes at small forward, and McGrady, Wells and Luther Head will share the minutes at the two guard. Rafer Alston and speedy rookie Aaron Brooks — both of whom looked good on Saturday night — will share the minutes at the point guard position. Once McGrady returns, my bet is that Battier is the one who has his minutes reduced from last season more than anyone else.
That’s not a bad rotation. If Adelman sticks with it and barring injury, I will be surprised if the Rockets do not improve their record substantially over the 52-game balance of the season.

Review of The Player Course at The Woodlands

It’s been awhile since I’ve posted a review of one of Houston’s largely underappreciated large number of fine golf courses. So, I’m going to pass along a couple more during this holiday season, the first of which is The Player Course here in my hometown of The Woodlands, Texas.
The Player Course is one of the newest of the seven golf courses that wind through The Woodlands, the bustling planned community/golf haven of about 85,000 people located 30 miles north of downtown Houston. The Player Course is named after PGA Tour great Gary Player, who designed the course as a part of The Woodlands’ effort to have one local golf course designed by each of the former Big Three of the PGA Tour — Player, Arnold Palmer (The Palmer Course at The Woodlands, opened in 1991) and Jack Nicklaus (The Nicklaus Course at Carlton Woods, opened in 2001). When Player completed the Player Course in 2002, The Woodlands was the only community in the U.S. that had a golf course designed by each of the Big Three. It may still be the only one.
Player was the third of the Big Three to design a course in The Woodlands and his legendary competitive nature drove him to produce a real gem. Located in the western part of The Woodlands, the terrain produced a golf course with gently rolling, tree-lined fairways, numerous lakes and wetland areas, natural grass backdrops and deep bunkers. As with the other courses in The Woodlands, The Player Course is quite enjoyable to walk while playing.
The course is not easy. Although a very good course overall, I think that Player went overboard on about five green complexes that ratchet up the difficulty of the course unnecessarily. The course can be stretched to over 7,200 yards from the tips, but Player also installed a variety of tees that allow for less lengthy alternatives all the way down to 6,200 yards. The Slope rating from the back tees is 151, which is one of the highest in the Houston area and in the state. By way of comparison, the Slope rating from the back tees of the Golf Club of Houston course — where the Shell Houston Open PGA Tour event is played — is 138. As a result, The Player Course has already hosted several U.S. Open qualifiers and top amateur tournaments during its 4 1/2 year existence. Although still quite young, The Player Course is clearly one of the top 15 courses in the Houston area.
The pictures below are from a round that my brother Bud and I played at the Player Course this past September. We played from the green tees, which were at about 6,700 yards that day (140 Slope rating). Take a moment and enjoy a quick trip through The Player Course at The Woodlands.

Stan Binion, R.I.P.

12th%20green%20fr%202nd%20green3.JPGHouston lost one of the true gentlemen of the Houston legal community on Christmas Day.
Longtime Houston trial attorney, Stan Binion, died on Tuesday at the age of 71. Stan was a charming man who was a fixture of the local trial bar over his 40+ year legal career, primarily on the defense side in business cases. I met Stan as a young attorney back in 1982 shortly after I started my original law firm with a couple of other young friends, and he could not have been more gracious and supportive. Over the years, I worked on the same side and against him in several cases, and it’s a tribute to Stan’s fine character that he was just as cordial and professional to me when he was opposing counsel as he was when we were co-counsel.
Born in Brownwood in West Texas, golf actually brought Stan to Houston. An outstanding high school golfer, Stan was recruited to the University of Houston by the legendary UH golf coach, Dave Williams. Stan sunk a key birdie putt late in the final round of an NCAA Golf Championship in helping the Cougars to one of their record 16 NCAA National Championships that they won under Coach Williams.
After graduating from UH, Stan became one of the finest amateur golfers in the area and one of the best players at Champions Golf Club, which is saying something. Over the years, Stan and stout local amateur John Paul Cain won several Champions Cups, the annual amateur golf tournament at Champions that consistently generates one of the best fields in amateur golf. Stan also qualified to play in the US Senior Open and several US Senior Amateurs.
Stan graduated from UH with a business degree in 1960, obtained his law degree from UH Law Center in 1962 and went on to become a tireless supporter of his alma mater. He was a former president of the UH Alumni Association and a lifetime member of the H Association of former UH letterman — in fact, I bumped into Stan at most UH football and basketball games that I have attended over the years. Stan also donated his time in helping fellow UH golf alums Jim Nance (the CBS sports announcer) and PGA Tour pros Fred Couples and Blaine McCallister in developing and putting on their successful Three Amigos Charity Golf Tournament, which raised funds for the UH Athletic Scholarship Fund and other charities.
Finally, one anecdote sticks out in my mind in remembering Stan. In the mid-1980’s, Stan donated his time in representing the UH in connection with an NCAA Infractions Committee investigation and subsequent hearing. In the 1990’s, when Stan found out that I was involved in representing a UH coach in a UH-related NCAA Infractions Committee investigation, he called me and offered to provide any help, insight and background information that I needed. We were able to resolve that investigation favorably for the University, so I didn’t need to call on Stan’s assistance. But I deeply appreciated his offer — it says much about the kind of man Stan Binion was.
A Memorial Service for Stan will be conducted this Saturday at 2 p.m. at George Lewis & Sons at 1010 Bering and the family will receive friends at a reception afterward. In lieu of flowers, the family requests that donations be made payable to “University of Houston” with “Stan Binion Memorial Fund” on the memo line addressed to the UH Athletic Department, 3100 Cullen Blvd., Houston, Texas 77204-6002.

Damning with faint praise

mic_full%281%29.jpgAs this earlier post noted, Houstonians are currently enduring a glut of sports talk radio stations. With the rare exception of a show such as Charlie Pallilo‘s, the shows on these stations range from merely unlistenable to truly offensive. To make matters worse, Houston’s mainstream professional sports teams are currently horrid, from the Texans’ historic mediocrity, to the Rockets’ decade of playoff incompetence, to the Stros’ downward trend. What on earth is there to talk about?
At any rate, while cruising around doing pre-Christmas errands the other day, one of my sons had a local sports talk radio show on his car radio. One of the talk show hosts made the following observation about the Rockets — who have lost 14 of their last 21 games — and the Texans, who had just been thoroughly waxed by the Colts:

“Compared to the Rockets, I am quite optimistic about the Texans.”

My son and I cracked up laughing. The host, on the other hand, was dead serious. That pretty well sums up the quality of discourse on Houston sports talk radio these days.

Happy Holidays!

Tom%20and%20Susan%20at%20Katie%27s%20wedding.jpgHappy Holidays to all Clear Thinkers from my lovely wife Susan and me. We appreciate you checking on our small slice of the blogosphere from time to time.
In my Hayes Carll post from a few weeks ago, I noted the grand tradition of Texas songwriters, one of whom is Robert Earl Keen. A number of years ago, Keen wrote and recorded one of the funniest Texas-oriented Christmas songs that I have ever heard, and now he has the video below to go along with it. For a slice of quintessential Texas culture, don’t miss it:

Finally, each Christmas season since 1949, the Wall Street Journal has published the late Vermont Royster‘s classic op-ed In Hoc Anno Domini, which is passed along in its entirety after the break below. Regardless of one’s religious persuasion or whether one has a religion at all, Royster’s short essay is a wonderful reminder of the extraordinary impact that an unlikely Jewish man of 2000 years ago had on the course of the human condition:

Continue reading

Behind the Scenes in the Skilling Appeal and the Nigerian Barge Case

I normally throttle down blogging during the holiday season to just one post a day, but I wanted to pass along something that you don’t see every day in connection with former Enron CEO Jeff Skilling’s appeal of his convictions and in the Nigerian Barge case involving the re-trial of three former Merrill Lynch bankers.

As this CNBC news release reports, the Fifth Circuit last week ordered — over the Department of Justice’s strenuous opposition — that the DOJ prosecutors must deliver to Skilling’s defense team the FBI’s notes of their interviews with former Enron CFO, Andrew Fastow.

Then, this past Friday, U.S. District Judge Ewing Werlein cited the Fifth Circuit’s order in Skilling’s case in granting the Merrill bankers’ motion in the Nigerian Barge case requiring the DOJ to turnover the same notes of the Fastow interviews to the bankers’ defense teams.

The DOJ’s refusal to provide the criminal defense teams the notes of the Fastow interviews has long been a point of contention in several Enron-related criminal cases. The defense teams suspect that the notes will show that Fastow changed his story during his extensive interviews with FBI agents.

Prosecutors in the Skilling and Nigerian Barge cases have have previously refused to turnover the notes to defense attorneys and provided only a prosecution-prepared “summary” of Fastow’s statements to FBI agents.

Fastow was a key witness against Skilling and was a central figure in the first Nigerian Barge trial.

Thus, if the notes of the Fastow interviews reflect that prosecutors withheld exculpatory evidence or induced Fastow to change his story over time, then that would be strong grounds for reversal of Skillings’ conviction and dismissal of the remaining charges against the Merrill bankers.

By the way, the re-trial of Merrill bankers Dan Bayly and Robert Furst in the Nigerian Barge case is currently scheduled for January 28th, although the docket reflects a number of dispositive motions that must be ruled on before the case can proceed to trial.

The re-trial against the third Merrill banker — James Brown — has been severed for a separate trial, which has not yet been scheduled.

Finally, Skilling’s appellate team filed his reply brief this past Friday, although my sense is that the document that was filed will likely not be the final version. As with Skilling’s first brief, the Skilling team has requested that the Fifth Circuit waive its page limitations for reply briefs. Consequently, once the Fifth Circuit rules on that request, the Skilling team will probably then file the final version of the reply brief, which will include tables of contents and authorities that the current version lacks.

I am looking forward to reading the brief over the holidays and will pass along my thoughts after I have done so. In the meantime, both Ellen Podgor and Doug Berman have already posted their typically insightful thoughts on the brief.

2007 Weekly local football review

Peyton%20Manning%20122407.jpg(Michael Conroy/AP Photo; previous reviews here)
Colts 38 Texans 15
Call it the dog days of the long and arduous NFL season. The Texans (7-8) are a young and uneven team whose only motivation at this point is attempting to achieve the best record in franchise history (8-8), which isn’t saying much. On the other hand, the Colts (13-2) coming into this game didn’t have much reason to put out much effort given that had already clinched their fifth straight AFC South title, the No. 2 seed and a first-round bye in the playoffs. So, what was the result?
Peyton Manning carved up the Texans’ defense like it was a holiday turkey in generating a season-high 458 yards and 33 first downs. The performance was a big step backward for the Texans’ defense, which had been showing progress over the past month or so. Meanwhile, after a couple of productive games over the past two weeks, the Texans’ offense reverted to form in generating only 299 yards, even though none of the Colts regular defensive linemen played and the Texans were playing against the Colts’ reserves for much of the second half.
Oh well, the Texans still have a decent chance to achieve the best record in franchise history next Sunday at Reliant Stadium if they beat the Jaguars (11-4), who have also locked up their playoff spot and will be playing reserves liberally throughout the game. Another loss for the Texans would leave them at 7-9 for the season, which is the record I predicted for the Texans before the season. Regardless of the season-ending record, however, it’s hard at this point to project that this team is going to make substantial improvement in its record next season.

That Christmas spirit between law partners

Christmas cheer from the incomparable Stu Rees of Stu’s Views:
Stu%27s%20Views%20Christmas%20spirit%20btw%20partners.gif

Markets in foreclosure desperation?

foreclosures-788528.jpgI swear, you can’t make this stuff up.
A Dallas area couple who were in default on their home mortgage filed a bankruptcy case in an effort to avoid a foreclosure sale of their home. However, they ultimately were unable to fulfill the terms of an agreed order that they entered into with the lender during the bankruptcy case, so the lender posted the property for a non-judicial foreclosure sale. So far, nothing unusual.
But a few days before the date of the foreclosure sale, the lender received a fax notice from “Jason” that the Texas debtors had transferred a 1% interest in the property to an individual living in California. And, to put icing on that cake, the Californian had just filed her own bankruptcy case, although she did not list the 1% interest in her bankruptcy schedules. Inasmuch as the lender did not have time before the scheduled foreclosure sale to hire California counsel and get the automatic stay modified as to the 1% interest, the lender passed on the foreclosure sale of the debtors’ Texas home.
But this is where the story really gets interesting. The California debtor knew nothing about receiving the 1% interest from the Texas debtors and claimed no ownership interest in the Texas debtors’ homestead! As Dallas-based U.S. Bankruptcy Judge Stacey Jernigan explains in this decision, the foregoing has become a common practice of anonymous “bankruptcy servicers” that prey on debtors in bankruptcy cases who are facing loss of their homestead to foreclosure.
Here is how the scam worked in this case. The anonymous servicer (approximately 40 (!) of them contacted the Texas debtors to offer their “services”) assured the debtors that the servicers could “legally” stop the foreclosure by arranging an eve-of-foreclosure conveyance of a fractional interest in the homestead to one of their California affiliates that would then file bankruptcy to stop the foreclosure. The cost? Just $650 monthly so long as the servicer’s “services” were “needed.”
In reality, no such affiliate of the servicer existed and the servicer simply inserted the unsuspecting California debtor’s name in the deed of the fractional interest. Then, “Jason” sent his fax informing the lender that the automatic stay in the bankruptcy case of the California “owner” of the 1% interest in the Texas homestead enjoined the lender from proceeding with the foreclosure sale.
Inasmuch as this scam only delayed the foreclosure sale in this case for a month, the scammers received just two of the $650 payments before the debtors realized that they have been had. But the scam artists are apparently getting a whole bunch of such $650 payments from desperate debtors who are looking for some way to keep their homesteads. Judge Jernigan looks as if she is intent on getting to the bottom of this, so stay tuned.