2013 04 08 Pickens Motion

Filed 13 March 29 A6:27 Gary Fitzsimmons District Clerk Dallas District
CAUSE NO. DC-13-01890-F E.C. (ELIZABETH CORDIA), P.P. (PAMELA PICKENS), B.P. (T. BOONE PICKENS, JR.), And T.P., (THOMAS B. PICKENS, III), Plaintiffs, v. MICHAEL O. PICKENS, Defendant. IN THE DISTRICT COURT
116th JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
________________________________________________________________________ DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE _____________________________________________________________________ Defendant Michael O. Pickens (Mike), files this formal Motion to Dismiss, and for damages, costs and additional findings, pursuant to Section 27.001. et seq. of the Texas Civil Practice and Remedies Code, against Plaintiffs Elizabeth Cordia (E.C.), Pamela Pickens (P.P.), T. Boone Pickens, Jr. (B.P.), and Thomas B. Pickens, III (T.P.) as follows: I. PRELIMINARY STATEMENT Plaintiffs filed this lawsuit in an effort to stop Mike from posting stories about his life and family on his Blog and elsewhere. Plaintiffs attached the portions of the Blog about which they complain to both their first and second amended petitions. Mikes story generally concerns the historical events that have shaped his behavior and made him ultimately into the person he is today, baring many of his own trials and tribulations. Coupled with current societal concerns about substance abuse, parental emotional abuse and absent or abusive fathers, Mike tells his story from his own experience
DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE 1
and observations, which necessarily contains both factual and opinion statements about his family members, but primarily his father-- B.P., better known as T. Boone Pickens or Thomas Boone Pickens, Jr.. In his Blog postings, Mike hardly mentions the other Plaintiffs P.P. and T.P. P.P. is Mikes sister Pamela M. Pickens; and T.P. is Mikes younger brother, Tom Pickens or Thomas Boone Pickens, III. Further, nowhere in any of his stories has Mike mentioned E.C., Elizabeth Lizzy Cordia, who is Mikes step-sister. Mike never even refers to Lizzy indirectly in any of the complained about Blog posts. In their petition, Plaintiffs have alleged claims of Invasion of Privacy Intrusion on Seclusion, Invasion of Privacy Public Disclosure of Private Facts, and Violation of CPRC 143.01, which they further entitled Harmful Access by Computers. Primarily, Plaintiffs have sought injunctive relief to prevent Mike from writing about his family. The Court already has recognized that the claims alleged by the Plaintiffs infringe on Mikes freedom of speech, which is protected by both the 1st Amendment to the United States Constitution and the Texas Constitution. Even the Plaintiffs have agreed that their lawsuit implicates Mikes freedom of speech by signing off on the Agreed Temporary Injunction, dated March 1, 2013. That order allows Mike to publish stories about his family members when the stories have a logical nexus to Mikes own personal observations and experiences about them. In other words, the agreed injunction limits Mikes writings only in the sense that he is prevented from publishing anything that would not be protected free speech. Now, Mike moves to dismiss the claims of the Plaintiffs in their entirety under the Texas Citizens Participation Act, which is codified in Chapter 27 of the Texas Civil
Practices and Remedies Code (CPRC) under the heading Actions Involving the Exercise of Certain Constitutional Rights. The statute is a type of AntiSLAPP law, which is an acronym for Strategic Lawsuits Against Public Participation. One of the purposes of the Texas Citizens Participation Act is to encourage and safeguard the constitutional rights of persons to speak freely. So, if a legal action is based on, relates to, or is in response to a party's exercise of the right of free speech, that party may file a motion to dismiss the legal action.1 Upon the filing of such a motion to dismiss, all discovery is suspended until the Court determines the motion.2 A hearing on the motion to dismiss must be set not later than the 30th day after the date of service of the motion unless the docket conditions of the court require a later hearing.3 And the trial Court must rule on a Chapter 27 motion to dismiss not later than the 30th day following the date of the hearing on the motion.4 II. FACTS A. Procedural History
On February 14, 2013, Plaintiff P.P. (Pamela Pickens) alone filed a filed an original petition against John Doe. In addition to violating TRCP 79, which requires Pamela to state her name as a party to the lawsuit, she alleged that a John Doe was unknown to her. In addition to such nonsense, she alleged that this unknown defendant had posted false information to damage his [sic] hard-earned reputation and thereby had committed an
1 2 3 4
Tex. Civ. Prac. & Rem.Code Ann. 27.003 (Vernon Supp.2012). Id. 27.003(c). Id. 27.004. Id. 27.005(a).
DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE
invasion of privacy.5 Then on February 15, 2013, the other Plaintiffs were added to the lawsuit E.C. (Lizzy Cordia), B.P. (T. Boone Pickens, Jr.) and T.P. (Thomas Pickens III), and they named M.P. (Michael O. Pickens) as the defendant.6 The Court issued a temporary restraining order (TRO) on the same date, and the TRO was served on Mike on Sunday February 17, 2013. Plaintiffs intended to put a full-court press on Mike, and on February 19, 2013, they filed a motion for contempt against him.7 This resulted in the Court issuing a Show Cause Order on the same day. And the Court set the hearing on the Show Cause Order for March 1, 2013, the same day as the hearing on Plaintiffs application for temporary injunction was set. On February 26, 2013, Plaintiffs filed a Second Amended Petition, which is the active petition at the time of this motion.8 On March 1, 2013, Mike filed a response to the motion for contempt and the application for an injunction.9 In addition to procedural defects, Mike argued that the Plaintiffs would not be able to show probable success on the merits. The Court denied the
See Plaintiffs Original Petition. Rather than attach all filings, Defendant requests that the Court take judicial notice of the case file.
5
See Plaintiffs First Amended Original Petition and Application for Temporary Restraining Order and Permanent Injunctive Relief.
6 7 8
See Plaintiffs Emergency Motion for Contempt and Motion to Enforce This Courts Order.
See Plaintiffs Second Amended Original Petition and Application for Temporary Restraining Order and Permanent Injunctive Relief (Second Amended Petition). See Special Exceptions To Temporary Restraining Order, Response To Motion For Contempt And Opposition To The Application For Temporary Injunction, the applicable portions of which are incorporated into his motion.
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Motion for Contempt, and then, after hearings on the motions, the parties agreed to an Agreed Temporary Injunction. The parties specifically agreed that Mike could publish matters pertaining to his family if the matters and events described bear a logical nexus to his own experiences and observations, and although there is no legal requirement that he do so, Mike agreed to a procedure for the Plaintiffs to request a limitation on the person to whom Mike could directly send his publications. Now, because Plaintiffs legal action is a SLAPP lawsuit, Mike moves to dismiss the case in its entirety under the Texas Anti-SLAPP statute. B. Fact History 1. In general, Mikes story is about his own journey from a substance abuse at a very young age to his becoming clean as a middle-aged adult.
Plaintiffs claims all relate to Mikes publication of stories about his life and his family found in the portion of his Blog, entitled 5 Days in Connecticut (the Blog), that Plaintiffs attached to their Second Amended Petition as Exhibit B. Plaintiffs also complain about Mikes dissemination of the Blog through a link to the Blog that Mike has distributed by email as well as on Twitter, as referenced in Exhibit D to the petition. According to Plaintiffs, certain statements in the Blog, which they highlighted on their Exhibit B, somehow invade their privacy. Attached to this motion as Exhibit 1 is the full version of Mikes Blog as it existed just prior to when Plaintiffs filed this lawsuit. Note that this contains much more than the portion of the Blog of which Plaintiffs complain in their Second Amended Petition (as Exhibit B). Without repeating the entire Blog, the primary theme concerns Mikes history of,
and then recovery from, substance addiction. In the Blog post about which the Plaintiffs complain the most, entitled My Story, Mike tells about having his first beer when he was only 12 years old and then starting to take his moms valium, snorting cocaine and even taking LSD not long thereafter. From, there, Mike tells about his long history of addiction: When I truly got clean, 40 years after my addiction began, it was absolutely necessary that I grow up emotionally or I would have an extremely difficult time living life as a 52 year old instead of a 12 year old. In the Blog post entitled, more About the Miracle, dated November 25, 2012, Mike describes how he achieved the emotional growth he needed while he was in rehab at the Alina Lodge (a substance abuse rehabilitation facility): The Lodge ruined my lifelong, deluded hope that ultimate luxury would create a life for me that was happy, joyous and free. Slowly, over time, and due to the focused, individualized work I was assigned, I found myself living a life of incredible happiness, unlimited joy and a freedom I had never had, at the Lodge, for the 1st time in my life. When I left the Lodge, my only interest was others. I desperately wanted to connect, help and love other people. 2. The alleged Xanax/heroin over-dose death of Ty Pickens or, the answer to the question what caused Plaintiffs to sue Mike, and why now?
One may ask what caused this matter to come to a head. The simple answer from the Plaintiffs would be Mikes post on February 6, 2013 My Life.10 As with most things in life, however, it is not nearly that simple. On January 29, 2013, just prior to the My Life post, Thomas Ty Pickens, IV died
10
Exhibit B to the Second Amended Petition.

6
at the age of 21. Among many other places, this was reported by the Dallas Morning News on its Internet site dallasnews.com -- Grandson of T. Boone Pickens, TCU Student Ty Pickens, dies.11 To make matters even more tragic, on February 1, 2013, NBCDFW.com published an article entitled, Sources: Heroin Use Probed in Death of Pickens Grandson, reporting that [a]t least one witness told investigators that Pickens, a student at Texas Christian University, took the prescription Xanax and later injected heroin in the hours before he died.12 A simple Internet search reveals many stories published about this tragic incident. Ty was Mikes, Pamelas and Lizzys nephew, was Boone Pickens grandson and was Tom Pickens son. Unfortunately, Ty was/is not the only Pickens grandchild in trouble. At least one other grandchild is in drug rehab currently. So, determined to shed light on the family dynamics that led to Tys death, Mike published the lengthy post, My Life, on February 6, 2013, exposing a great deal of his own colorful history and especially the controlling and uncaring behavior of his father.13 Out of respect for the sensitive nature of Tys death, Mike did not mention it. A review of the full version of Mikes Blog reveals that Mike was writing about his family in relation to his substance addiction, coupled with commentary about his family, and in particular his father, Boone Pickens (B.P.), well in advance of posting My Life. His family had paid no attention to the ramblings of the black sheep (Mike) of the family, but
11 12 13
Exhibit 2 is a true and correct copy of the Dallas Morning News article. Exhibit 3 is a true and correct copy of the NBC article.
See Exhibit 1.
7
with Tys untimely death, perhaps now they would. However, instead of exhibiting any semblance of self-reflection, in a grand exhibition of hubris, ego-centrism and paranoia, the Plaintiffs sued to enlist state action (i.e., the Court) to shut Mike up. Better to sweep ones dirt under the rug rather than engage in the hard work of cleaning it up. 3. Mikes goal, even before Tys death, was to focus on Americas chronic drug addiction problem.
According to the American Society of Addiction Medicine: Addiction is a primary, chronic disease of brain reward, motivation, memory and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social and spiritual manifestations. This is reflected in an individual pathologically pursuing reward and/or relief by substance use and other behaviors. Addiction is characterized by inability to consistently abstain, impairment in behavioral control, craving, diminished recognition of significant problems with ones behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death.14 On December 3, 2012, Mike writes in his post entitled, Alina Lodge people: Addiction is now an affliction of epidemic proportions, a terminal disease of the mind, body and soul. More often than not, it gets swept under the rugs of denial & delusion, or other more sinister lairs. Addiction is but a symptom of the devastating spiritual void of the human soul, an unavoidable byproduct of the materialistic economies of our developed world. Mike is hardly alone in recognizing that addiction is a primary health concern for the country. Science Daily, available online at www.sciencedaily.com, on January 8, 2013
A true and correct copy of the American Society of Addiction Medicine publication is attached as Exhibit 4. The publication may also be found online at http://www.asam.org/for-the-public/definition-ofaddiction.
14
published an article entitled, Prescription Drug Misuse Remains a Top Public Health Concern.15 In that article, the administrator of the Substance Abuse and Mental Health Services Administration, Pamela S. Hyde, is quoted saying, Addressing prescription drug misuse remains a top public health priority. And the article quotes Gil Kerlikowske, Director of National Drug Control Policy, Prescription drug abuse is a major problem throughout our nation . . . . 4. Mike discovers that solving the puzzle of addiction requires examining the negative family dynamics that allow addiction to thrive.
In his Blog post entitled chronic recurrent humiliation, dated on November 1, 2012, Mike makes several astute and personally relevant observations about the underlying causes drug/addiction epidemic: Is addiction caused by drugs alone? Or do chronic stress and trauma in childhood play the determining factor in predicting who will lose control once they start using drugs? . . . the continuing role of childhood trauma in addiction gains increasing scientific traction. Early life experience programs the brain and body for the environment it encounters: a calm, nurturing upbringing will orient a child to thrive in most conditions, while a stressful, barren one will predispose it to conditions of scarcity, anxiety and chaos. . . . early neglect -- an absence of parenting--can be as traumatic as overt abuse. . . . research confirms a whole body of literature showing that the more stressful your childhood experiences-and the more different your types of stress-the greater your odds of later life addiction. The Adverse Childhood Experiences (ACE) study which includes some 17,000 participants in California's Kaiser Permanente insurance program, found multiple, dosedependent relationships between severe childhood stress and all types of addictions, including overeating. Adverse childhood experiences measured included emotional, physical and sexual abuse, neglect, having a mentally ill or
15
A true and correct copy of the Science Daily article is attached as Exhibit 5.
9
addicted parent, losing a parent to death or divorce, living in a house with domestic violence and having an incarcerated parent. Compared to a child with no ACEs, one with six or more is nearly three times more likely to be a smoker as an adult. A child with four or more is five times more likely to become an alcoholic and 60% more likely to become obese. And a boy with four or more ACEs is a whopping 46 times more likely to become an IV drug user later in life than one who has had no severe adverse childhood experiences. One factor does stand out, however. I would have assumed before we looked at it that probably the most destructive problem would be incest-but interestingly it was not, it was co-equal with the others, says Felitti. Instead, he notes, The one with the slight edge, by 15% over the others, was chronic recurrent humiliation, what we termed as emotional abuse, citing examples like parents calling their children stupid and worthless. 5. Mikes self analysis reveals that the real antagonist in Mike life story turns put to be his own father -- T. Boone Pickens (B.P.), the leader of the Plaintiff pack.
Defining addiction and then examining its causes, Mike turns to examine his own life to determine the triggers leading to his former demise and later resurrection. You can't connect the dots looking forward; you can only connect them looking backwards.16 On October 21, 2012, in Early to mid childhood, Mike recalls being 9 or 10 years old: I had compared my home and parents, many times, to my friends homes & their parents. My "home" was a sham. This, I was certain of. And on October 15, 2012, Mike posts, in note to John G,: Theres been a consistent pattern & method of abuse since I was a child. Id never been able to put it all together before Alina [Lodge] because Id always
Quote from Steve Jobs, founder of Apple. See http://www.brainyquote.com/quotes/quotes/s/stevejobs416875.html#7DV3M9KddZQlel2.99.
16
10
blamed myself and it was so confusing. Mike goes on to reminisce about his father more specifically: . . . money is he only thing he values in life. When I was a kid, it ended up with me in his closet getting whipped with a belt. None of my siblings have ever experienced my experience. He has his own specially tailored method for each of us, and I believe, everyone in his life, to sustain the fear of him. On September 3, 2012, in his post entitled, Never had this in our family, Mike remorsefully longs for a past that never was and perhaps a future with his father that will never be: Elders who have worked though their own failures and inadequacies and come to terms with their lives are able to mentor or without controlling, give advice without criticizing, and help people who are younger to get in touch with their own strength, their own soul. Just as with addiction, there is a general public outcry for fathers to be more involved in and to be a positive influence on their childrens lives. In fact, on the Texas Department of Family and Protective Services its website, the department states the goal of the Texas Fatherhood Initiative: The initiative shines a light on ways to provide services that engage fathers even if those fathers do not currently live in the homes of their children or aren't actively involved in their children's lives. We are also working with national fatherhood organizations to get a national view on engaging fathers. A father is an important part of a family and his love and care is critical to the development of healthy children. An involved father can make a big difference in how children deal with the challenges of life from day to day. Our mission is to give men, and their families, the support and services they need to be fully involved dads. Children are more likely to enjoy school, take part in extracurricular activities, and graduate from high school more when their fathers are active in their lives. When fathers are involved, their children are less likely to fail a grade, miss
school, or misbehave at school.17 And let us not kid ourselves here Boone was not a good father certainly he has not been the type of father that Mike or his siblings needed when they were growing up. This is the reason he wants so badly to silence Mike though this lawsuit. And Boones failure is not a secret -- he has expressly admitted that he has been less than a family man: . . . like so many self-made monarchs, Pickens now finds his empire roiled by internecine strife. Some, if not all, of the turmoil is also self-made. As he has publicly admitted several times, his unrelenting quest for financial success has taken precedence over his family life for the better part of the past 50 years. And if his achievements in business were often hard earned, his pride in them has just as often been narcissistic.18 (Emphasis added.) According to the same article, Boone reportedly deposited a treasury check made out to Mike. That was in 1987, and the Treasury Check was for $135,000.00. Boone took other things from Mike as well. This includes, but is not limited to: in 1973 Boone took his car, worth $7,500 at the time; in 1988, Boone took Mikes $150,000 inheritance from his grandfather; in 1987, Boone took $570,000 from Mikes 401K; and later Boone sold off numerous items of Mikes property -- airplanes, houses, etc., worth $750,000 for fire sale prices. 6. And the Father of the year award goes to . . .
Plaintiffs appear to have no problem with Mike telling about his own personal history before he got clean. Rather, the Plaintiffs complain about Mikes telling the history of why
17
See Exhibit 6, a true and correct copy of the Texas
Department of Family and Protective Services
Texas Fatherhood Initiative, found online at

http://www.dfps.state.tx.us/Child_Protection/Family_Based_Support/Fathers_Matter/. See Exhibit 7, a true and correct copy of an article entitled Trials and Tribulations of T. Boone Pickens, Upstart Business Journal, April 16, 2007, found online at http://upstart.bizjournals.com/executives/features/2007/04/16/Fortune-Hunter.html?page=all
18
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and how he had become addicted, regardless of whether it is based on fact or is Mikes personal opinion and regardless of the societal backdrop of current national crises related to addiction, emotionally abusive parents or absent fathers. Underscoring the Plaintiffs desire to silence Mike, they complain even though references to any of them other than Boone are vague at best. For example, nowhere in the Blog does Mike mention or even refer Lizzy, and nowhere in the portion of Mikes Blog about which Plaintiffs complain does Mike mention Pamela Tom Pickens by name. And Mike never names his oldest sister, who has the sense to stay away from this frivolous lawsuit brought orchestrated and controlled by Boone. Mikes purpose is best stated in his own words: Today, I have the courage to speak up about this disease that has ravaged my extended family and those of many friends; it continues to kill, predictably. Today, I live the message I was so very privileged to receive: one given freely by those who've ventured down the road of Recovery before me. This, the road to recovery from chemical and process addictions, the well known symptoms of Childhood Trauma. Often, we create a personal hell not by what we perpetrate but by what we allow to happen. I barely lived, trapped in my own hellish prison for decades; lost, alone, confused and self-medicated. Those days are over, forever. I've inherited the responsibility to show others the way out, so they are able to live a life of peace, a life God intended for them, before they were traumatized by the chronic recurrent humiliation of child abuse, always resulting in childhood trauma. Much of the loneliness and isolation addicts and their addicted families experience is a direct result from remaining hidden and silent.19
See Exhibit B to the Second Amended Petition, Mikes Blog, dated February 9, 2013, entitled, Execute the Child Abusers today.
19
13
III. MOTION 1. Mike was served with this lawsuit on February 17, 2013. He has filed this
motion within 60 days of service of the legal action, in accordance with CPRC 27.003(b). 2. Plaintiffs lawsuit is a legal action is based on, is related to and/or is in
response to Mikes exercise of his right of free speech.20 The necessary definitions or portions thereof applicable here are found in CPRC 27.001: 27.001(6): Legal action means a lawsuit, cause of action, petition, complaint, cross-claim, or counterclaim or any other judicial pleading or filing that requests legal or equitable relief. Exercise of the right of free speech means a communication made in connection with a matter of public concern. Communication includes the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic. Matter of public concern includes an issue related to: (A) health or safety; (B) community well-being; (D) a public figure. 3. Mikes Blog posts and writings relate to a matter of public concern regarding,
27.001(3): 27.001(1)
27.001(7):
without limitation, matters of health and safety and community well-being as related to addiction, parental emotional abuse and fathers responsibilities to their children. 4. In addition, there is little doubt that Boone Pickens is a public figure. And to
the extent any of the stories include other members of Mikes family, the stories bear a
20
Id. 27.003(a).
14
logical nexus to Mikes own life experiences and observations or are otherwise matters of his opinion. 5. All such matters are matters of public concern, concern a public figure and are
free-speech protected by the 1st amendment to the United States Constitution and the Texas Constitution. As such, the Plaintiffs legal action to prevent Mikes exercise of free speech is a SLAPP lawsuit subject to dismissal under CIV. PRAC. & REM. CODE 27.003. IV. PRAYER Defendant requests that the Court dismiss Plaintiffs legal action with prejudice. Defendant further requests that the Court award him all of his allowable damages and costs pursuant to TEX. CIV. PRAC. & REM. CODE 27.009. In addition, Defendant requests that the Court make additional findings pursuant to TEX. CIV. PRAC. & REM. CODE 27.007.
15
Respectfully submitted,
Collin Porterfield, Esq. TEXAS BAR #16159900 10217 Stone Falls Lane Frisco, TX 75035 Tel. 214-837-6532 Fax 888-381-7760 Collin@porterfieldlegal.com ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I certify that on March 29, 2013, I caused this document to be served by facsimile upon counsel of record for the Plaintiffs.
Collin Porterfield
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Grandson of T. Boone Pickens, TCU student Ty Pickens, dies | The Scoop Blog
3/28/13 11:43 PM
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Home > The Scoop Blog
Grandson of T. Boone Pickens, TCU student Ty Pickens, dies

By Travis Hudson thudson@dallasnews.com 1:27 pm on January 29, 2013 | Permalink
comments ()
Thomas Boone Pickens IV, the grandson of the oil magnate T. Boone Pickens, has died at an off-campus location according to university officials. Pickens, who goes by Ty, was a junior in strategic communications, student newspaper TCU 360 reports. The university has released a statement saying, We are deeply saddened by the loss of this member of our community and our hearts and thoughts are with Tys family at this time, said Kathy Cavins-Tull, vice chancellor for student affairs. Staff members are available if students need to speak with someone about this sad news. The cause of death is currently unknown. The Tarrant County Medical Examiner confirms they have not received the body yet, but believes the death occurs sometime late last night or early this morning. (Update at 4:59 p.m.: KXAS-Channel 5 is reporting that sources suspect Pickens died of a drug overdose; law enforcement officials, and the MEs office, have not confirmed.) The Star-Telegram reports Pickens was driven to a hospital late last night where he was pronounced dead.
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EXHIBIT 2
Heroin Use Probed in Death of T. Boone Pickens' Grandson: Sources | NBC 5 Dallas-Fort Worth
3/29/13 5:57 AM
Powered by HOME > NEWS > LOCAL
Heroin Use Probed in Death of T. Boone Pickens' Grandson: Sources

Grandson of billionaire oilman was student at TCU
By Scott Gordon | Thursday, Jan 31, 2013 | Updated 9:34 AM CDT
Scott Gordon, NBC 5 News Police are investigating the death of Thomas "Ty" Boone Pickens IV, the 21-year-old grandson of billionaire oilman T. Boone Pickens, as a possible drug overdose, two sources familiar with the investigation told NBC 5. #endcardShareBtns div.gig-button-container-facebook-like .fb-like span, #endcardShareBtns div.gig-button-containerfacebook-like .fb-like span iframe {vertical-align:top!important;}
Police are investigating the death of Thomas "Ty" Boone Pickens IV, the 21-year-old grandson of billionaire oilman T. Boone Pickens, as a possible drug overdose, two sources familiar with the investigation told NBC 5. At least one witness told investigators that Pickens, a student at Texas Christian University, took the prescription drug Xanax and later injected heroin in the hours before he died, the sources said. Pickens was pronounced dead Tuesday morning at Baylor All Saints Medical Center, where a friend brought him after saying he wouldn't wake up. He already may have been dead for several hours, the sources added. Pickens had been staying at off-campus condos located in the 1800 block of Rogers Road, Fort Worth police Cpl. Tracey Knight said. The Tarrant County Medical Examiner will determine his cause of death, she added. A young man who answered the door at the condo did not want to give his name, but said that he and his cousin -- also TCU students -- were with Pickens Monday night. The man, who was visibly shaking, said Pickens told them he had taken Xanax earlier Monday and later used heroin inside their condo when the two had gone to the store and left Pickens alone.
http://www.printthis.clickability.com/pt/cpt?expire=&title=Heroin+Usom%2Fnews%2Flocal%2FGrandson-of-T-Boone-Pickens-Dies-188878781.html Page 1 of 2
EXHIBIT 3
Heroin Use Probed in Death of T. Boone Pickens' Grandson: Sources | NBC 5 Dallas-Fort Worth
3/29/13 5:57 AM
later used heroin inside their condo when the two had gone to the store and left Pickens alone. When they returned from the store, Pickens appeared to be sleeping, he said. Tuesday morning, when Pickens did not wake up, he and his cousin carried his body to a car, he said. His cousin drove Pickens to the hospital while he went to class, he said. The man said police searched the condo for drugs later Tuesday morning, but he could not say what officers found. Police had not yet decided late Tuesday whether or not to arrest anyone who may have been involved in the drug use. Knight said homicide detectives were notified of the death but it wasn't known if they would lead the investigation. News of the death and the possible drug connection was certain to spread fast across the TCU campus following a well-publicized drug raid just last year. A spokesman for Pickens' grandfather issued a written statement. "Tys loss at such a young age is an unspeakable family tragedy for the entire Pickens family and his many friends. We mourn his passing and respectfully request that the family be allowed to grieve in private in this time of sorrow," said Jay Rosser, spokesperson for T. Boone Pickens. The university also emailed a statement. We are deeply saddened by the loss of this member of our community and our hearts and thoughts are with Tys family at this time, said Cavins Tull, TCU vice chancellor for student affairs. Staff members are available if students need to speak with someone about this sad news. TCU360.com reports Pickens was a junior majoring in strategic communication. A spokeswoman for the Tarrant County Medical Examiner did not immediately return a call for comment. NBC 5's Amanda Guerra and Meredith Land contributed to this report.
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Definition of Addiction
3/29/13 1:50 AM
The Voice of Addiction Medicine
American Society of Addiction Medicine

HOME > FOR THE PUBLIC > DEFINITION OF ADDICTION
DEFINITION OF ADDICTION
Public Policy Statement: Definition of Addiction Short Definition of Addiction: Addiction is a primary, chronic disease of brain reward, motivation, memory and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social and spiritual manifestations. This is reflected in an individual pathologically pursuing reward and/or relief by substance use and other behaviors. Addiction is characterized by inability to consistently abstain, impairment in behavioral control, craving, diminished recognition of significant problems with ones behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death.
Long Definition of Addiction: Addiction is a primary, chronic disease of brain reward, motivation, memory and related circuitry. Addiction affects neurotransmission and interactions within reward structures of the brain, including the nucleus accumbens, anterior cingulate cortex, basal forebrain and amygdala, such that motivational hierarchies are altered and addictive behaviors, which may or may not include alcohol and other drug use, supplant healthy, self-care related behaviors. Addiction also affects neurotransmission and interactions between cortical and hippocampal circuits and brain reward structures, such that the memory of previous exposures to rewards (such as food, sex, alcohol and other drugs) leads to a biological and behavioral response to external cues, in turn triggering craving and/or engagement in addictive behaviors. The neurobiology of addiction encompasses more than the neurochemistry of reward.1 The frontal cortex of the brain and underlying white matter connections between the frontal cortex and circuits of reward, motivation and memory are fundamental in the manifestations of altered impulse control, altered judgment, and the dysfunctional pursuit of rewards (which is often experienced by the affected person as a desire to be normal) seen in addiction--despite cumulative adverse consequences experienced from engagement in substance use and other addictive behaviors. The frontal lobes are important in inhibiting impulsivity and in assisting individuals to appropriately delay gratification. When persons with addiction manifest problems in deferring gratification, there is a neurological locus of these problems in the frontal cortex. Frontal lobe morphology, connectivity and functioning are still in the process of maturation during adolescence and young adulthood, and early exposure to substance use is another significant factor in the development of addiction. Many neuroscientists believe that developmental morphology is the basis that makes early-life exposure to substances such an important factor. Genetic factors account for about half of the likelihood that an individual will develop addiction. Environmental factors interact with the persons biology and affect the extent to which genetic factors exert their influence. Resiliencies the individual acquires (through parenting or later life experiences) can affect the extent to which genetic predispositions lead to the behavioral and other manifestations of addiction. Culture also plays a role in how addiction becomes actualized in persons with biological vulnerabilities to the development of addiction.
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Other factors that can contribute to the appearance of addiction, leading to its characteristic bio-psycho-socio-spiritual manifestations, include: a. The presence of an underlying biological deficit in the function of reward circuits, such that drugs and behaviors which enhance reward function are preferred and sought as reinforcers; b. The repeated engagement in drug use or other addictive behaviors, causing neuroadaptation in motivational circuitry leading to impaired control over further drug use or engagement in addictive behaviors; c. Cognitive and affective distortions, which impair perceptions and compromise the ability to deal with feelings, resulting in significant self-deception; d. Disruption of healthy social supports and problems in interpersonal relationships which impact the development or impact of resiliencies; e. Exposure to trauma or stressors that overwhelm an individuals coping abilities; f. Distortion in meaning, purpose and values that guide attitudes, thinking and behavior; g. Distortions in a persons connection with self, with others and with the transcendent (referred to as God by many, the Higher Power by 12-steps groups, or higher consciousness by others); and h. The presence of co-occurring psychiatric disorders in persons who engage in substance use or other addictive behaviors. Addiction is characterized by2: a. b. c. d. e. Inability to consistently Abstain; Impairment in Behavioral control; Craving; or increased hunger for drugs or rewarding experiences; Diminished recognition of significant problems with ones behaviors and interpersonal relationships; and A dysfunctional Emotional response.
The power of external cues to trigger craving and drug use, as well as to increase the frequency of engagement in other potentially addictive behaviors, is also a characteristic of addiction, with the hippocampus being important in memory of previous euphoric or dysphoric experiences, and with the amygdala being important in having motivation concentrate on selecting behaviors associated with these past experiences. Although some believe that the difference between those who have addiction, and those who do not, is the quantity or frequency of alcohol/drug use, engagement in addictive behaviors (such as gambling or spending)3, or exposure to other external rewards (such as food or sex), a characteristic aspect of addiction is the qualitative wayin which the individual responds to such exposures, stressors and environmental cues. A particularly pathological aspect of the way that persons with addiction pursue substance use or external rewards is that preoccupation with, obsession with and/or pursuit of rewards (e.g., alcohol and other drug use) persist despite the accumulation of adverse consequences. These manifestations can occur compulsively or impulsively, as a reflection of impaired control. Persistent risk and/or recurrence of relapse, after periods of abstinence, is another fundamental feature of addiction. This can be triggered by exposure to rewarding substances and behaviors, by exposure to environmental cues to use, and by exposure to emotional stressors that trigger heightened activity in brain stress circuits.4 In addiction there is a significant impairment in executive functioning, which manifests in problems with perception, learning, impulse control, compulsivity, and judgment. People with addiction often manifest a lower readiness to change their dysfunctional behaviors despite mounting concerns expressed by significant others in their lives; and display an apparent lack of appreciation of the magnitude of cumulative problems and complications. The still developing frontal lobes of adolescents may both compound these deficits in executive functioning and predispose youngsters to engage in high risk behaviors, including engaging in alcohol or other drug use. The profound drive or craving to use substances or engage in apparently rewarding behaviors, which is seen in many patients with addiction, underscores the compulsive or avolitional aspect of this disease. This is the connection with powerlessness over addiction and unmanageability of life, as is described in Step 1 of 12 Steps programs. Addiction is more than a behavioral disorder. Features of addiction include aspects of a persons behaviors, cognitions, emotions, and interactions with others, including a persons ability to relate to members of their family, to members of their
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community, to their own psychological state, and to things that transcend their daily experience. Behavioral manifestations and complications of addiction, primarily due to impaired control, can include: a. Excessive use and/or engagement in addictive behaviors, at higher frequencies and/or quantities than the person intended, often associated with a persistent desire for and unsuccessful attempts at behavioral control; b. Excessive time lost in substance use or recovering from the effects of substance use and/or engagement in addictive behaviors, with significant adverse impact on social and occupational functioning (e.g. the development of interpersonal relationship problems or the neglect of responsibilities at home, school or work); c. Continued use and/or engagement in addictive behaviors, despite the presence of persistent or recurrent physical or psychological problems which may have been caused or exacerbated by substance use and/or related addictive behaviors; d. A narrowing of the behavioral repertoire focusing on rewards that are part of addiction; and e. An apparent lack of ability and/or readiness to take consistent, ameliorative action despite recognition of problems. Cognitive changes in addiction can include: a. Preoccupation with substance use; b. Altered evaluations of the relative benefits and detriments associated with drugs or rewarding behaviors; and c. The inaccurate belief that problems experienced in ones life are attributable to other causes rather than being a predictable consequence of addiction. Emotional changes in addiction can include: a. Increased anxiety, dysphoria and emotional pain; b. Increased sensitivity to stressors associated with the recruitment of brain stress systems, such that things seem more stressful as a result; and c. Difficulty in identifying feelings, distinguishing between feelings and the bodily sensations of emotional arousal, and describing feelings to other people (sometimes referred to as alexithymia). The emotional aspects of addiction are quite complex. Some persons use alcohol or other drugs or pathologically pursue other rewards because they are seeking positive reinforcement or the creation of a positive emotional state (euphoria). Others pursue substance use or other rewards because they have experienced relief from negative emotional states (dysphoria), which constitutes negative reinforcement. Beyond the initial experiences of reward and relief, there is a dysfunctional emotional state present in most cases of addiction that is associated with the persistence of engagement with addictive behaviors. The state of addiction is not the same as the state of intoxication. When anyone experiences mild intoxication through the use of alcohol or other drugs, or when one engages non-pathologically in potentially addictive behaviors such as gambling or eating, one may experience a high, felt as a positive emotional state associated with increased dopamine and opioid peptide activity in reward circuits. After such an experience, there is a neurochemical rebound, in which the reward function does not simply revert to baseline, but often drops below the original levels. This is usually not consciously perceptible by the individual and is not necessarily associated with functional impairments. Over time, repeated experiences with substance use or addictive behaviors are not associated with ever increasing reward circuit activity and are not as subjectively rewarding. Once a person experiences withdrawal from drug use or comparable behaviors, there is an anxious, agitated, dysphoric and labile emotional experience, related to suboptimal reward and the recruitment of brain and hormonal stress systems, which is associated with withdrawal from virtually all pharmacological classes of addictive drugs. While tolerance develops to the high, tolerance does not develop to the emotional low associated with the cycle of intoxication and withdrawal. Thus, in addiction, persons repeatedly attempt to create a high--but what they mostly experience is a deeper and deeper low. While anyone may want to get high, those with addiction feel a need to use the addictive substance or engage in the addictive behavior in order to try to resolve their dysphoric emotional state or their physiological symptoms of withdrawal. Persons with addiction compulsively use even though it may not make them feel good, in some cases long after the pursuit of rewards is not actually pleasurable.5 Although people from any culture may choose to get high from one or another activity, it is important to appreciate that addiction is not solely a function of choice. Simply put, addiction is not a desired condition.
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As addiction is a chronic disease, periods of relapse, which may interrupt spans of remission, are a common feature of addiction. It is also important to recognize that return to drug use or pathological pursuit of rewards is not inevitable. Clinical interventions can be quite effective in altering the course of addiction. Close monitoring of the behaviors of the individual and contingency management, sometimes including behavioral consequences for relapse behaviors, can contribute to positive clinical outcomes. Engagement in health promotion activities which promote personal responsibility and accountability, connection with others, and personal growth also contribute to recovery. It is important to recognize that addiction can cause disability or premature death, especially when left untreated or treated inadequately. The qualitative ways in which the brain and behavior respond to drug exposure and engagement in addictive behaviors are different at later stages of addiction than in earlier stages, indicating progression, which may not be overtly apparent. As is the case with other chronic diseases, the condition must be monitored and managed over time to: a. Decrease the frequency and intensity of relapses; b. Sustain periods of remission; and c. Optimize the persons level of functioning during periods of remission. In some cases of addiction, medication management can improve treatment outcomes. In most cases of addiction, the integration of psychosocial rehabilitation and ongoing care with evidence-based pharmacological therapy provides the best results. Chronic disease management is important for minimization of episodes of relapse and their impact. Treatment of addiction saves lives Addiction professionals and persons in recovery know the hope that is found in recovery. Recovery is available even to persons who may not at first be able to perceive this hope, especially when the focus is on linking the health consequences to the disease of addiction. As in other health conditions, self-management, with mutual support, is very important in recovery from addiction. Peer support such as that found in various self-help activities is beneficial in optimizing health status and functional outcomes in recovery. Recovery from addiction is best achieved through a combination of self-management, mutual support, and professional care provided by trained and certified professionals.
______________________________________ See ASAM Public Policy Statement on Treatment for Alcohol and Other Drug Addiction, Adopted: May 01, 1980, Revised: January 01, 2010 see ASAM Public Policy Statement on The Relationship between Treatment and Self Help: A Joint Statement of the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, and the American Psychiatric Association, Adopted: December 01, 1997 Explanatory footnotes: 1. The neurobiology of reward has been well understood for decades, whereas the neurobiology of addiction is still being explored. Most clinicians have learned of reward pathways including projections from the ventral tegmental area (VTA) of the brain, through the median forebrain bundle (MFB), and terminating in the nucleus accumbens (Nuc Acc), in which dopamine neurons are prominent. Current neuroscience recognizes that the neurocircuitry of reward also involves a rich bi-directional circuitry connecting the nucleus accumbens and the basal forebrain. It is the reward circuitry where reward is registered, and where the most fundamental rewards such as food, hydration, sex, and nurturing exert a strong and life-sustaining influence. Alcohol, nicotine, other drugs and pathological gambling behaviors exert their initial effects by acting on the same reward circuitry that appears in the brain to make food and sex, for example, profoundly reinforcing. Other effects, such as intoxication and emotional euphoria from rewards, derive from activation of the reward circuitry. While intoxication and withdrawal are well understood through the study of reward circuitry, understanding of addiction requires understanding of a broader network of neural connections involving forebrain as well as midbrain structures. Selection of certain rewards,
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preoccupation with certain rewards, response to triggers to pursue certain rewards, and motivational drives to use alcohol and other drugs and/or pathologically seek other rewards, involve multiple brain regions outside of reward neurocircuitry itself. 2. These five features are not intended to be used as diagnostic criteria for determining if addiction is present or not. Although these characteristic features are widely present in most cases of addiction, regardless of the pharmacology of the substance use seen in addiction or the reward that is pathologically pursued, each feature may not be equally prominent in every case. The diagnosis of addiction requires a comprehensive biological, psychological, social and spiritual assessment by a trained and certified professional. 3. In this document, the term "addictive behaviors" refers to behaviors that are commonly rewarding and are a feature in many cases of addiction. Exposure to these behaviors, just as occurs with exposure to rewarding drugs, is facilitative of the addiction process rather than causative of addiction. The state of brain anatomy and physiology is the underlying variable that is more directly causative of addiction. Thus, in this document, the term addictive behaviors does not refer to dysfunctional or socially disapproved behaviors, which can appear in many cases of addiction. Behaviors, such as dishonesty, violation of ones values or the values of others, criminal acts etc., can be a component of addiction; these are best viewed as complications that result from rather than contribute to addiction. 4. The anatomy (the brain circuitry involved) and the physiology (the neuro-transmitters involved) in these three modes of relapse (drug- or reward-triggered relapse vs. cue-triggered relapse vs. stress-triggered relapse) have been delineated through neuroscience research. Relapse triggered by exposure to addictive/rewarding drugs, including alcohol, involves the nucleus accumbens and the VTA-MFB-Nuc Acc neural axis (the brain's mesolimbic dopaminergic "incentive salience circuitry"--see footnote 2 above). Reward-triggered relapse also is mediated by glutamatergic circuits projecting to the nucleus accumbens from the frontal cortex. Relapse triggered by exposure to conditioned cues from the environment involves glutamate circuits, originating in frontal cortex, insula, hippocampus and amygdala projecting to mesolimbic incentive salience circuitry. Relapse triggered by exposure to stressful experiences involves brain stress circuits beyond the hypothalamic-pituitaryadrenal axis that is well known as the core of the endocrine stress system. There are two of these relapse-triggering brain stress circuits one originates in noradrenergic nucleus A2 in the lateral tegmental area of the brain stem and projects to the hypothalamus, nucleus accumbens, frontal cortex, and bed nucleus of the stria terminalis, and uses norepinephrine as its neurotransmitter; the other originates in the central nucleus of the amygdala, projects to the bed nucleus of the stria terminalis and uses corticotrophin-releasing factor (CRF) as its neurotransmitter. 5. Pathologically pursuing reward (mentioned in the Short Version of this definition) thus has multiple components. It is not necessarily the amount of exposure to the reward (e.g., the dosage of a drug) or the frequency or duration of the exposure that is pathological. In addiction, pursuit of rewards persists, despite life problems that accumulate due to addictive behaviors, even when engagement in the behaviors ceases to be pleasurable. Similarly, in earlier stages of addiction, or even before the outward manifestations of addiction have become apparent, substance use or engagement in addictive behaviors can be an attempt to pursue relief from dysphoria; while in later stages of the disease, engagement in addictive behaviors can persist even though the behavior no longer provides relief.
Adopted by the ASAM Board of Directors April 19, 2011.
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Web address: http://www.sciencedaily.com/releases/2013/01/ 130108122445.htm
Prescription Drug Misuse Remains a Top Public Health Concern

Jan. 8, 2013 Prescription drug misuse is second only to marijuana as the nation's most prevalent illicit drug problem, with approximately 22 million persons nationwide initiating nonmedical pain reliever use since 2002, according to a report by the Substance Abuse and Mental Health Services Administration (SAMHSA). The report also shows variations in use by state, with combined 2010 and 2011 data indicating that rates of past year misuse among those aged 12 or older ranged from 3.6 percent in Iowa to 6.4 percent in Oregon. "Addressing prescription drug misuse remains a top public health priority, as we've seen inconsistent progress in addressing the issue across the states," said SAMHSA Administrator Pamela S. Hyde. "Data from this report helps up better understand geographic variations in use and should help with the development of more targeted and effective prevention and treatment programs. The key is educating the public on the serious health risks involved and ensuring that we are providing the necessary treatment to those who need it." "Prescription drug abuse is a major problem throughout our nation," said Gil Kerlikowske, Director of National Drug Control Policy. "These data reaffirm how vital it is for the public health and public safety communities to work together to reduce the toll prescription drug abuse inflicts on our cities, towns and neighborhoods. As we continue to focus on this challenge at the federal level, we hope people will also endeavor to learn more about the harms associated with prescription drug abuse and take time to empty medicine cabinets of any excess, unneeded or expired prescription medications." Seven of the 10 states with the highest rates of nonmedical use of prescription pain relievers were in the West (Arizona, Colorado, Idaho, Nevada, New Mexico, Oregon and Washington). Four of the 10 states with the lowest rates were in the Midwest (Illinois, Iowa, North Dakota and South Dakota), and four were in the South (Florida, Georgia, Maryland and North Carolina). A comparison of the combined 2009 and 2010 data with combined 2010 and 2011 data revealed a decrease in prescription drug misuse among those aged 12 or older in 10 states (Kentucky, Louisiana, Massachusetts, Mississippi, New Hampshire, New York, Ohio, Oklahoma, Rhode Island and West Virginia). None of the states saw an increase. SAMHSA has a number of programs designed to address prescription drug misuse, including its Prevention of Prescription Abuse in the Workplace contract which provides technical assistance to help civilian and military workplaces in communities across America to reduce prescription drug abuse problems. The NSDUH Report: State Estimates of Nonmedical Use of Prescription Pain Relievers: 2010-2011, is based on data from the SAMHSA National Survey on Drug Use and Health (NSDUH). NSDUH is a scientifically
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conducted annual survey of approximately 67,500 people throughout the country, aged 12 and older. This NSDUH report is available at: www.samhsa.gov/data/2k12/NSDUH115/sr115-nonmedical-use-painrelievers.htm. The complete 2010-2011 NSDUH State report presenting estimates for 25 substance use and mental health measures is available at www.samhsa.gov/data/NSDUH/2k11State/NSDUHsae2011/Index.aspx. Share this story on Facebook, Twitter, and Google: Other social bookmarking and sharing tools: | Story Source: The above story is reprinted from materials provided by Substance Abuse and Mental Health Administration (SAMHSA). Note: Materials may be edited for content and length. For further information, please contact the source cited above. Need to cite this story in your essay, paper, or report? Use one of the following formats: APA MLA Substance Abuse and Mental Health Administration (SAMHSA) (2013, January 8). Prescription drug misuse remains a top public health concern. ScienceDaily. Retrieved March 29, 2013, from http://www.sciencedaily.com /releases/2013/01/130108122445.htm Note: If no author is given, the source is cited instead. Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.
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Collin Portereld <collin@portereldlegal.c om> Cc: Collin Portereld DFPS - Fathers Matter
March 29, 2013 3:00 AM
Fathers Matter
Father Facts
Texas Fatherhood Initiative
Children do better when fathers are involved in their lives. They're more likely to enjoy school, get involved in extracurricular activities, and to graduate. Children in foster care are more likely to be placed with their fathers if those fathers are adequately involved while their children are in state care.
The goal of the Texas Fatherhood Initiative is to help CPS serve fathers better and keep them involved in their children's lives. The initiative shines a light on ways to provide services that engage fathers - even if those fathers do not currently live in the homes of their children or aren't actively involved in their children's lives. We are also working with national fatherhood organizations to get a national view on engaging fathers. A father is an important part of a family and his love and care is critical to the development of healthy children. An involved father can make a big difference in how children deal with the challenges of life from day to day. Our mission is to give men, and their families, the support and services they need to be fully involved dads.
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Children are more likely to enjoy school, take part in extracurricular activities, and graduate from high school more when their fathers are active in their lives. When fathers are involved, their children are less likely to fail a grade, miss school, or misbehave at school. As CPS focused more and more on the family, we've gained a better understanding of the importance of fathers. Family Group Decision Making (FGDM) conferences, for instance, gives fathers a chance to voice their values and concerns to everyone involved in their case. Kinship care allows the extended families of both mothers and fathers to overcome or prevent abuse and neglect.
Ways CPS can get and keep fathers involved

Make fathers feel respected. Don't focus on child safety without concern for fathers. Help fathers improve their parenting skills. Don't call on fathers only as a last resort. Make a diligent effort to find fathers because mothers don't always give information on where to find fathers. Consider the father and his family as well as the mother's family when looking for a safe place for a child to live. Follow-up with fathers consistently about the services CPS offers children. Support fathers who are battling addiction. Seek input from fathers before making decisions about children in a CPS case.
Resources and Tips for Fathers

A father is an important part of a family and his love and care is critical to the development of healthy children. CPS has a list of tip sheets and resources to give fathers, and their families, the support and services they need to be fully involved dads.
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Trials and tribulations of T. Boone Pickens
3/29/13 3:06 AM
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Fortune Hunter
Enlarge Image Art Streiber Rate this story Related Content Opening Up the Citadel Gerald Levin on Fear More from Startups, Entrepreneurs and Innovation - Upstart Business Journal The risky business of IT education Back 9 Biz Bites: 3-D space printers Qwikster Joins Crowded Marketing Graveyard What Impact Did Steve Jobs Have on You? by Harry Hurt III April 16, 2007 | 12:00am EDT Last Modified: June 18, 2012 | 11:36am EDT This story originally appeared in the May 2007 issue of Cond Nast Portfolio magazine. Boone Pickens arched his left eyebrow into a silvery horseshoe and waited to hear exactly how much personal income he had earned the previous year. It was two days after Christmas in 2006, and he was dressed down in khaki slacks, a gray sweater, and a pair of loafers, which he had propped up on the desk in his Dallas office. Pickens turned to check the computer screen behind his desk. Except for his thinning gray hair and the flesh-color hearing aids in his ears, he looked as lean and mean as he had in the 1980s, when his exploits as a corporate raider shook Wall Street and catapulted him onto the covers of Time and Fortune. Since then, Pickens has endured a two-decade roller-coaster ride. In 1996, slumping natural-gas prices led to his ouster from Mesa Petroleum, once the nations largest independent oil company. The following year, he founded the energy hedge fund BP Capital. But even as he launched his financial recovery, his personal life had been shattered by two divorces and a continuing series of crises involving his two sons. Jay Rosser, Pickens veteran public-relations aide, returned from an adjacent office with the 2005 personal-income figure his boss had requested. You made $1.504 billion last year, he reported. Thats adjusted gross income? Pickens asked. Rosser nodded and went on to add, You paid the I.R.S. $279 million in taxes. In that single year, Pickens had made more moneyand paid more taxesthan he ever had in any previous year. And he did it at an age when most of his peers were either retired to their country clubs or six feet under the ground. Pickens fourth wife, Madeleine Pickens, entered the office. A statuesque blond with saucer-shaped brown eyes, she was dressed in tan pants, matching snow boots, and a sheepskin jacket. We just lengthened the runway up at the ranch to 6,000 feet, Pickens said. He added that he was fixing to trade in his Gulfstream G450 jet for a new G550 model. Madeleine mentioned that Pickens had landed the plane the other day. Skeptical that the 78-year-old mogul could land a jet by himself, I asked if he really had been at the controls the whole time. Boones always at the controls, she replied. Caught With His Flies Down On June 11, 2006, Pickens elder son, Michael OBrien Pickens, then 52, allegedly crept around to the back of the Housatonic Meadows Fly Shop in Cornwall Bridge, Connecticut. It was late on a sultry evening. Trout were running in the evergreen-shrouded river in the state park directly across the highway. But the fly shop, a converted service station filled with Orvis and other top-brand fishing equipment, was closed.
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The shop manager, Devin Booth, gave police the following account: Mike jimmied open a back window and climbed inside. He stuffed reels and other gear worth an estimated $3,000 into a cooler. Then he passed out underneath a desk. A short time later, Booth returned for a routine errand. Booth later told the Associated Press he recognized Mike because he had visited the shop earlier that day, portraying himself as a big-shot stockbroker who was related to Boone Pickens. When Booth roused him, he jumped up like a jack-in-the- box and staggered around groggily. You said I could use the phone anytime, Mike told Booth over and over. Dude, even if I did, Booth said, you dont break in and steal stuff and fall asleep under my desk. State police arrested Mike on burglary charges. This was hardly his first run-in with the law, but it proved to be a particularly fateful one. The arrest alerted authorities that Mike had violated bail terms after having been arrested on federal securities fraud charges. He remained in a local jail for three days in lieu of posting $15,000 bond. Then he was sent to a drug and alcohol rehabilitation facility in Pennsylvania. On October 30, 2006, Mike pleaded guilty to three counts of securities fraud in federal court in New York City. The frauds were part of a pump-and-dump scheme to inflate the prices of three over-the-counter stocks by sending out more than a million faxes that appeared to contain a confidential tip from a stockbroker to a client. In fact, as I know, there was no broker, no client, and no tip, Mike admitted to U.S. District Court Judge Loretta Preska. She accepted his guilty plea and sent him back to rehab, pending a sentencing hearing scheduled for this spring. Self-Feeders Are Good T. Boone Pickens is one of the most complex characters in modern-day capitalism, an unlikely combination of King Lear, Lazarus, Robin Hood, and Amarillo Slim. He has made billions for himself and average investors by shaking up the moribund management of major corporations and by taking huge gambles in the energy industry. He has risen from his apparent financial deathbed at least twice. And he has donated hundreds of millions to various philanthropies. But like so many self-made monarchs, Pickens now finds his empire roiled by internecine strife. Some, if not all, of the turmoil is also self-made. As he has publicly admitted several times, his unrelenting quest for financial success has taken precedence over his family life for the better part of the past 50 years. And if his achievements in business were often hard earned, his pride in them has just as often been narcissistic. Monuments to Boone Pickens abound across Texas and Oklahoma like the obelisks of an Ozymandias, king of kings. The old Mesa Petroleum building in Amarillo featured a bronze statue of Pickens playing racquetball. The football stadium at his alma mater, Oklahoma State University, in Stillwater, is named in his honor. His office and ranch are virtual shrines, adorned with his photographs on magazine covers and in the company of American presidents and business potentates. But even though Pickens has donated seven-, eight-, and nine-digit sums to his alma mater and such causes as hurricane relief, he has refused to pass on a significant share of his vast fortune to his five children. He claims he doesnt want to spoil them, much less attempt to build a dynasty as the Rockefellers have. Self-feeders are good is the way he puts it. And therein lies the rub: Pickens has shown he can get a whole football stadium full of college students to cheer for him. But can he get his own children to love him as he loves himself? The Luckiest Guy in the World Thomas Boone Pickens Jr. began his life by very nearly killing his mother. On an otherwise auspicious day in the spring of 1928, Thomas Pickens Sr. learned that his wife, Grace, was experiencing serious complications with her pregnancy. The doctors at Keystone Hospital, in the rural hamlet of Holdenville, Oklahoma, presented Pickens Sr. with a horrific dilemma: They could save the mother or the child but not both. Pickens Sr., a local oil-and-gas land man, insisted on trying to save both. He persuaded a surgeon, who was not an obstetrician, to attempt the first cesarean section in the hospitals history. All the surgeon had to go by was one page in a medical textbook. My dad said, Were gonna pray, and youre gonna do it, Pickens recalled. I dont know how long it took, but when that surgeon came out of the operating room, he told my father, Youve got a little boy. That little boys rise to riches has long since become part of American financial lorewith numerous embellishments. Pickens has often boasted that when he was only 28 he founded his first oil company, Petroleum Exploration Inc., with a geology degree and $2,500 in cash. In fact, the crucial seed money came from his first wifes uncle, rancher John OBrien, and Eugene McCartt, a local supermarket scion. Along with putting up an equal amount of cash, they cosigned for a $100,000 line of credit, which was big bucks in those days. In the spring of 1964, Pickens transformed P.E.I. into a public company called Mesa Petroleum. He reckoned he could increase Mesas energy reserves much faster and more surely by acquiring the producing properties of other companies rather than simply drilling for oil and gas. That same basic insight inspired his attempts to drill for oil on Wall Street by trying to take over allegedly undervalued and mismanaged major oil companies during the halcyon days of the 1980s. Ironically, none of Pickens half a dozen big hostile-takeover attempts succeeded, but he certainly made plenty of headlines, becoming a variously reviled and celebrated corporate raider, greenmailer, and shareholders rights advocate. Pickens biggest score came from his 1983 bid for Gulf Oil. Although Gulf ultimately merged with Chevron, Mesa came away with a $404 million profit. The bid also boosted Gulfs stock price to $80 a share, which translated into a gain of $6.5 billion for Gulfs 400,000 stockholders. As Pickens later conceded in an addendum to his autobiography, The Luckiest Guy in the World, he should have quit the corporate-takeover game while he was still ahead. But in 1985, he went after Unocal. This time around, Mesa not only failed to win its takeover bid, it ultimately had to pay its target $42.8 million to settle the attendant lawsuits. In 1989, Pickens moved Mesas headquarters to Dallas. The relocation came in the wake of a nasty battle with the Amarillo Globe-News over the newspapers editorial coverage in general and its reporting on Pickens interests in particular that, according to him, left many otherwise neutral citizens with bitter and fearful feelings. The feud climaxed when general manager Jerry Huff Jr. was transferred and Pickens hung a banner across the Mesa Petroleum building that read Good-Bye Jerry. Id rather not talk about Boone Pickens, said Richard Ware, a prominent Amarillo banker. You can never say enough nice things about him. And if he thinks youve said something negative about him, hell get mad. Still a fervent believer in the future of natural gas, Pickens continued to borrow money to buy the producing properties of other companies. But by 1996, Mesa was burdened with $1.2 billion in bank debt, and gas prices were still in a long-term decline. That summer, Pickens resigned from the company he had run for more than 40 years and sold his stock for $35 million. His only surviving corporate asset was the right to use the Mesa name. A Creative Side That Can Sometimes Go Crazy Not coincidentally, Pickens ups and downs on the business front were paralleled by those on the home front. In 1949, he married Lynn OBrien, whom former classmates described as dreamboat beautiful. At the time, Pickens was still in college studying geology, and Lynn, who came from a well-to-do Amarillo family, was a senior at Amarillo High. Their marriage produced four children and unremitting strife.
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Some of the problems can be traced to Pickens workaholic habits. He typically returned to the office each night after having dinner with the family, and he was frequently on the road chasing deals. There were also parenting issues, especially ones involving Mike and his younger brother, Thomas Boone Pickens III, called Tom after his grandfather. I believed strongly in the kind of discipline I had received from my own mother and applied it to the children, Boone later wrote in his autobiography. Lynn often disagreed with me. In 1971, Boone and Lynn divorced after 22 years of marriage. Their oldest child, Deborah, was already married, and Pam, their second oldest, was off at college. The girls suffered their share of pain from their parents breakup. But the split had an even more severe impact on their younger brothers. Tom, then only 13, chose to continue living at home with his mother. Boone encouraged him to study finance. A self-described nerd, Tom would peruse the Wall Street Journal every day, and Pickens would drop by to quiz him. Soon after the divorce, Pickens opened a trading account for Tom at Merrill Lynch. But a short time later, Pickens dropped Tom off at Texas Military Institute in San Antonio. As Pickens drove away, all he said was Be serious. Always the favored son, 16-year-old Mike moved into his fathers bachelor apartment following his parents divorce. An avid hunter, he further impressed the old man by becoming a scratch golfer. But since his father was often traveling on business, Mike was just as often left unsupervised. He not only fell in with a crowd of teenage drug and alcohol abusers, he also became the leader of the pack. Victor Ayad, an Austin investment banker who was a schoolmate of both Pickens boys, attributes some of Mikes acting out to the remote physical and social environment of the Texas Panhandle. Theres something about growing up out there in the flatland that keeps you content in the desolation of a cultural void or cultivates a creative side that can sometimes go crazy, he says. Rich kids I knew in Houston and Dallas still conducted themselves with a certain amount of decorum in front of their parents even as they were messing up behind the scenes. The rich kids I knew in Amarillo went out of their way to be social misfits. Pickens finally shipped Mike off to the Schreiner Institute, a relatively permissive boarding school in central Texas. Around this time, Mike got interested in flying airplanes and started studying for his pilots license. He was a natural at flying, just as he was at golf and hunting. Mike also displayed flashes of his fathers financial genius early on: He could keep track of 10 different positions in 10 different stocks without the aid of a calculator or computer program. But he had little interest in formal education. He attended four different colleges without earning a degree. According to John OBrien, his great uncle, he also left a trail of unpaid bills. Eventually, he got a job at a Dallas brokerage firm, where he traded stock for Mesa and other accounts. Meanwhile, Boone had embarked on a new life with a new wife and extended family. In April 1972, he married Beatrice Carr Stuart, an Oklahoma City socialite who had four children from her prior marriage. Pickens became especially fond of the youngest girl, Liz, and formally adopted her a few years later. But Pickens daughters by Lynn remained distant from their father, and their youngest brother became ever more bitterly estranged. In fact, Tom had to work his way through Southern Methodist University, doing odd jobs such as driving a forklift. He started a small computer hardware firm and sold it for a tidy profit. After graduation, he showed his acumen as a financier by turning around a small closed-end fund and a savings and loan. At age 30, he arranged financing for Catalyst Energy Corp. The opening of its Louisiana plant was a gala affair presided over by then Louisiana senator Russell Long. Tom felt as though his father managed to turn what should have been moments of joy into embarrassments. When Tom got married, friends say, Pickens wouldnt attend the reception because Bea didnt feel like she was seated properly. When Toms son was christened, Pickens was late. Tom subsequently moved to Charleston, South Carolina, to renovate a historic-district home and start an independent capital fund, hoping he and his wife, Jennifer, could raise their children outside his fathers shadow. Unfortunately, one of the 26 investors in his fund was Dana Giacchetto, a money manager recommended by Merrill Lynch. In the course of defrauding a roster of Hollywood clients, Giacchetto allegedly invested some of their money in Toms fund but defaulted on repayments. Giacchetto later went to jail, and Tom returned to Texas to specialize in salvaging embattled companies. The consensus among several longtime Pickens family friends was that Tom was unfairly victimized in the Giacchetto affair. Tom Treadwell, a former Holdenville, Oklahoma, banker who has known three generations of Pickens men, affectionately refers to Tom as Triple. Tom is a fine young man, Treadwell insists. But Mike is a goddamn outlaw. For a time, Mike showed signs of cleaning up his act. Following his fathers remarriage, he got married and began to gravitate to the Boone-Bea-Liz family circle. He even posed for a photograph with Boone, his grandfather, and his newborn son, Michael Jr. But within a few years, Mike divorced and resumed a precipitous downward spiral fueled by alcohol and drugs. After moving to the town of Nocona, Texas, on the Oklahoma border, he married again and fathered another child. Then he promoted a series of dubious financial schemes that drew the scrutiny of the I.R.S. In 1991, Boone barred Mike from managing Boones personal and corporate stock accounts. Evidently feeling that his son had taken advantage of him, Boone reportedly deposited a treasury check made out to Mike. In 1996, just as Boone was exiting Mesa, his 24-year marriage to Bea hit the rocks. As if to underscore the pettiness on both sides, the couple fought over custody of their dog, a papillon named Winston. After a two-year battle, they agreed to split assets worth an estimated $78 million. They sold their Dallas mansion, Pickens kept his ranch in the Texas Panhandle, and Bea got Winston. Amid the fray, Pickens divorce lawyer told him that he appeared to be suffering from depression. Pickens has said that he took prescription antidepressants for about a month. Although antidepressants typically require much more than 30 days to take effect, they evidently worked overnight magic on Pickens. He bought a new papillon puppy, changed the name of his ranch from 2B to Mesa Vista, and told his friends and business associates that he was feeling better than ever. As if to attest to his emergence from depression, Pickens tried to repair his relationship with his children. Two days before Christmas 1999, he sent a letter to Deborah, Pam, Mike, Tom, and Liz. He confessed that he had neglected them in his pursuit of business fame and fortune and asked for a chance to make it up to them. Pam, then a Tulsa restaurant-industry executive, and Deb, a career schoolteacher, responded in kind. But his sons were unimpressedespecially Tom. He thinks he can just fire off a letter and that takes care of everything, Tom complained. On Thanksgiving Day in 2000, Boone Pickens gazed out on the table-flat Texas Panhandle and made a snap decision with life-changing implications. He was in the new main house of his Mesa Vista ranch, a lavishly appointed prairie palace whose turreted walls give it the look of a Moorish castle. Before him sprawled 25,000 acres with a maze of artificial water features on par with the aqueducts of ancient Rome. As Amarillo attorney Wales Madden, one of Pickens most trusted business associates, observes, Its the kind of place God would own if he could afford it. Recently, Pickens added another 25,000 acres to his spread. Pickens picked up the phone and called a local county judge. He told the judge hed decided to marry Nelda Cain, a voluble divorce who had just spent two years pursuing a singing career in Nashville. They wanted to get their marriage license and say their vows that very day. By 1:30 p.m., Boone and Nelda had made a round-trip to the courthouse and were back at the ranch. Both wore khakis. Daughter Liz supplied a boom box with a CD of Jim
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3/29/13 3:06 AM
Nabors singing Ave Maria and The Lords Prayer. The couple borrowed rings from Liz and her husband, Lou Cordia. Steven Patterson, a Methodist minister, presided over a brief ceremony, and by 2:15 p.m. everyone was sitting down to Thanksgiving dinner. Nelda started crying, and I had a big lump in my throat, Pickens recalled in his autobiographys addendum, published the same year as the wedding, adding that he had told his bride on a previous trip to California that neither one of us could book another loss. For the first time in nearly half a decade, Pickens did not have to worry about booking losses on the business front. After a very shaky start, BP Capital, his first major post-Mesa venture, was virtually minting money. He had opened the energy hedge fund in the spring of 1997 with $10 million of his own money and another $26 million supplied by a group that included his Dallas billionaire buddy Harold Simmons and former Mesa directors Fayez Sarofim and John Cox. Within only two years, BP Capitals funds had dwindled to $3.4 million, down 90 percent. The losses were due mainly to Pickens overly optimistic bets that crude-oil and natural-gas prices would rise. But in 2000, gas finally began the ascent he had long predicted. He commenced what an associate later described as one of the greatest trading runs of all time. By the end of 2000, the fund was up to $252 milliona stunning gain of 7,300 percent. Just as amazing, Pickens once again seemed to be his hands-on, energetic self. He would call into the office at 6:15 a.m. to get an update from his analysts and traders on the markets overnight performance. Though he no longer played racquetball or golf, or refined the shooting skills that had made him a high-school basketball star in Amarillo, he still worked out every morning with a physical trainer and graded his performance on a scale from 1 to 10. When he wasnt traveling, Pickens would usually be in his Dallas office before the U.S. equity markets opened at 8:30 a.m. Central time. He frequently presided over a noon luncheon meeting with the dozen people who made up BP Capitals investment committee. Having cut his commodity trading teeth in the cattle market in the 1970s, he remained a fundamentalist when it came to energy. He was not a day trader, but he proudly described himself as a speculator who didnt hedge his bets. Pickens is one of the few people left who wants to earn an outsize return, says BP Capital analyst Brian Bradshaw. Most hedge funds want to justify their returns on a riskreward basis. We just want to make money. And making money was exactly what Pickens continued to do for the four years following his marriage to Nelda. According to an internal spreadsheet, BP Capital earned $146.8 million in 2001, $56 million in 2002, $432 million in 2003, and $340 million in 2004. Along the way, he started an energy equities fund, and he grew Pickens Fuel (later renamed Clean Energy) into the nations largest supplier of natural gas as an alternative vehicle fuel, with more than 150 stations from British Columbia to Southern California. Using the rights hed retained to the Mesa name, Pickens also diversified into the water business but with rather mixed results. In 1999, he and a dozen other landowners joined forces to market surplus groundwater contained in the Ogallala Aquifer beneath the Texas Panhandle. Mesa Water offered to supply 320,000 acre-feet of water annually, enough to satisfy the needs of 1.5 million people. Over the ensuing seven years, he would invest nearly $100 million in the project, only to wait through successive droughts as municipalities like the city of Dallas mulled his offers. Apparently frustrated by local politics, Pickens continued his contributions to Republican candidates and causes. A longtime supporter of Ronald Reagan and a close friend of Nancy Reagan, he helped fund the relocation of the former presidents Air Force One jet to the Reagan library. In 2004, he gave $3 million to the Swift Boat Veterans for Truth attack on Democratic presidential candidate John Kerry, $2.5 million to the conservative advocacy group Progress for America, and $250,000 to President George W. Bushs second inaugural celebration. Then, as if to belie recent media reports of a kinder, gentler Pickens, his personal life began to unravel again. One day in the fall of 2004, he came home and informed Nelda that he wanted a divorce. Friends say she was stunned and immediately burst into tears. The couples only apparent point of contention was divergent travel agendas. Nelda wanted to stay in Dallas and attend social events, but Pickens liked to spend nearly every weekend at the ranch, situated in the middle of nowhereso isolated that there is no cellular reception except for one place known as Telephone Hill. Wales Madden, the Amarillo attorney, attributed the split to Pickens age. Boone may feel like he doesnt have too many more years to spend, he noted, and he doesnt want to have any conflicts. But by the summer of 2005, Pickens was ready to marry again. His new love was 58-year-old Madeleine Paulson, the widow of Gulfstream magnate Allen Paulson. Born in Iraq to a British father and Lebanese mother, Madeleine had once operated a business providing flight attendants and supplies for private aircraft. Following Paulsons death, she inherited the Del Mar Country Club in California, a slew of championship racehorses, and a legal battle with one of her stepsons over the management of her late husbands estate. Not surprisingly, Madeleines friends wondered if she could keep up with her fiancs frenetic lifestyle. Nelda goes 30 miles an hour, Madeleine goes 100 miles an hour, but Boone goes 150, and hes always on the move, one of them noted. On July 16, 2005, Pickens was on his way to Madeleines home overlooking the fairways of the Del Mar Country Club when he got an urgent phone call from his son Mikes wife, Donna. Mike had just been arrested in Nocona for marijuana possession. Worse, the pot bust alerted federal authorities, who were trying to question him about the alleged pump-and-dump securities fraud scheme. Pickens married Madeleine the same day in a small private ceremony as scheduled, but his minions spent the weekend doing damage control related to Mikes wife and daughter. Mike eventually pleaded guilty to the stock fraud scheme, which went something like this: He and a colleague used his stock research firm, M3, to hype three penny stocks traded over the counter: Data Evolution, a computer firm; Infinium Labs, which develops videogame delivery systems; and the motion-picture firm Soleil Films. M3 sent out handwritten faxes that appeared to contain confidential tips from a stockbroker to a client; the faxes were false bait intended to lure the unwitting people who accidentally received them into investing their money. I have been trying to get you for two hours, read a fax sent to a fictitious New York doctor. I have a stock for you that will triple in price just like the last stock I gave you. Either call me or call Linda to place the new trade. We need to buy now. The ruse netted Mike upward of $200,000. If Mikes pre-wedding arrest loomed as a bad omen,Madeleine appeared to be a lucky charm for Pickens business interests. Natural gas and crude oil prices skyrocketed through the remainder of 2005. By years end, BP Capital had earned an astonishing $1,281,260,649, according to an internal spreadsheet Pickens supplied in an interview last December. He said his major share in the energy hedge fund combined with his interest in an energy-focused equity fund to boost his personal income to more than $1.5 billion. At the same time, Pickens began giving money away almost as fast as he was making it. He and employees of BP Capital were among the first to contribute to the Hurricane Katrina relief effort, with a donation of $7 million. Much less publicized was the fact that Madeleine Pickens, whose principal charitable cause was saving horses destined for the slaughterhouse, made half a dozen trips to Louisiana to round up dogs stranded by the disaster. Pickens played Santa Claus again in December 2005 by donating $165 million to Cowboy Athletics. The stated purpose of the donation was to expand the athletic program at Oklahoma State University and to upgrade the football stadium already named after him.
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The gift made him No. 5 on the Chronicle of Philanthropys list of the nations most generous charitable donors in 2005, and it was but a part of the more than $500 million hed donated to charity so far. But Pickens Cowboy Athletics philanthropy also sparked a media controversy about possible self-dealing and conflicts of interest. As it turned out, the foundations board was controlled by Pickens and a few of his longtime cronies. A few hours after receiving his donation, it reinvested the money in BP Capitals energy hedge fund. It was bulletproof; there was no Mickey Mouse, Pickens insists. Ive got a job to do. Ive got to earn Cowboy Athletics a 25 percent return on their money. In May 2006, Madeleine gave Pickens a This Is Your Life-style surprise party for his 78th birthday at the Del Mar Country Club. The master of ceremonies was Merv Griffin. Special guests included Nancy Reagan and California governor Arnold Schwarzenegger, and the partys entertainment included Natalie Cole, a squad of cheerleaders with boone emblazoned on their uniforms, and Rod Stewart, who sang American standards, concluding with The Way You Look Tonight. On the Monday before Valentines Day in 2007, Boone Pickens huddled in a corner of his Dallas office watching a videotape of himself on television. In February 1986, 21 years earlier, he had appeared on ABCs Nightline with host Ted Koppel and former treasury secretary John Connally to discuss the impact of a sudden collapse in oil prices. Pickens told Koppel that the 1986 oil glut would disappear once the OPEC nations led by Saudi Arabia lowered production. Connally called for a $120 billion fund to bail out Latin America and plugged a vulture-capital energy firm he had just started. We could be saying pretty much the same thing today, Pickens observed when the tape of the Nightline segment ended. Its interesting that John Connally, the great economic guru, went bankrupt before he died. Like dj vu, energy prices had been declining from record highs in recent months. Pickens said that in 2006, BP Capitals energy hedge fund had earned more than $420 million by making what were for him uncharacteristic bets that natural gas prices would fall. The fund had slumped by as much as 6 percent during the first several weeks of 2007 by going long, but he remained bullish for the longer term. We didnt have much of a winter, he said. But I think well get back up over $80 a barrel for crude this year. It was certainly a winter of discontent as far as Pickens and his sons were concerned. With the exception of a session with a psychotherapist, he and Tom had barely spoken to each other in several years. Mike was still in rehab pending his sentencing hearing, set for this spring, on the stock fraud charges. Rosser, Pickens spokesman, issued only a brief statement on the matter: Mr. Pickens is proud of Mike for accepting responsibility for his actions, Rosser said. This is an important step and a significant milestone. Boone and his whole family are fully supportive of him in his rehabilitation efforts. In the meantime, Pickens was declining to comment further in public. But he clearly had some things to get off his chest. Ive done the best I could with my children, he declared in a thundering voice. One of em says they want to go to a therapist, and they pick the therapist, I say fine. Ive never missed a single meeting with a therapist. The office got real quiet, and Pickens added in a much softer tone, Im old. Pickens longtime executive assistant, Sally Geymuller, told him Madeleine was on the line. His face lit up as he turned around to take the call. He chatted happily about what he wanted to eat for dinner that night. When he hung up the phone, he said, Shes one of those European women who know how to take care of their husband. Pickens started reminiscing about his youth in Oklahoma. He summoned a female staffer who had been researching the circumstances of his birth by cesarean section for an oral history. You know, Ive always been critical of my dad, Pickens said as the staffer sat down. My mother was the family disciplinarian, and he left all that to her. He paused, and pursed his lips. My father was a good guy, he added, almost spitting out the words, making it sound like being a good guy was about the worst thing a man could be. My dad used to criticize me for three things, he confided. He said, You dont smoke cigars. You drink scotch instead of bourbon, and Ive never trusted anybody who drinks scotch. And you think geologists can find oil better than land men. My dad really loved to hunt quail, Pickens continued. One of the people he most liked to hunt with was a guy a few years younger than me named Willie Price. Willie was a great wing shot. I think my dad treated Willie Price more like a son than he did me. Pickens paused with a faraway look in his eyes. But you know, he said at last, I think about how my dad talked that surgeon back in Holdenville into performing a cesarean section, and I say to myself, Hey, pal, look what he did for you. SHARE THIS STORY
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Filed 13 March 29 A6:27 Gary Fitzsimmons District Clerk Dallas District

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Trials and tribulations of T. Boone Pickens

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Trials and tribulations of T. Boone Pickens

Trials and tribulations of T. Boone Pickens

Trials and tribulations of T. Boone Pickens

Trials and tribulations of T. Boone Pickens

The entrepreneur exhibit

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