 | | DON'T BUY THIS GAS! |
By Fanny S. Chirinos
Originally published 03:32 a.m., April 29, 2008
Updated 03:32 a.m., April 29, 2008
The first day of Citgo's initial sentencing hearing brought six witnesses for the prosecution to the stand -- four environmental experts and two former nearby residents who say their families were harmed by the refiner's actions.
The hearing, before Federal District Judge John D. Rainey, rehashed some of the data presented during last year's trial in which Citgo Petroleum Corp. and its subsidiary, Citgo Refining and Chemicals Co., were found guilty of operating oil/water separators without the required roof.
Lead prosecutor Howard Stewart called the witnesses, among them two women who spent most of their lives in the Oak Park and Hillcrest areas, adjacent to the refinery. Although Rainey allowed their testimony, he assured the prosecution and defense that he would weigh the testimonies and evidence presented, throwing out what he felt was not supported by facts.
The judge heard from three inspectors from the Texas Commission on Environmental Quality who investigated the refinery in the 1990s through 2004. Joe Montoya, Karen Bridges and Tim Doty testified that some of their investigations resulted in violations against Citgo.
Montoya said he experienced some of the foul odors residents had complained about, but during cross examination by lead defense attorney Dick DeGuerin, Montoya said he couldn't tell if the odors had been released from the oil/water separator. Bridges testified that the Acid Gas Flare, permitted as an emergency-only flare, was in continuous use since 1976 and the sour water scrubber, which would remove sulfur from the crude being refined, was removed in 1989.
DeGuerin questioned whether Bridges ever had investigated tanks 116 and 117, the oil/water separators. She answered no.
Doty, as a team leader for the state commission's mobile monitoring unit, said he couldn't be certain the odors came from the tanks, but added some of the data led to that conclusion.
"I feared for the safety of my crew," Doty said. "You can have emissions without odors, but you can't have odors without emissions."
John Risher, a senior health adviser for the Agency for Toxic Substances and Disease Registry, testified that based on the information given to him by the prosecution, symptoms described by some current and former residents are compatible with the chemicals or emissions that would be released from the tanks in question.
At the trial, two former long-time residents blamed Citgo for illnesses suffered by their families.
Rebecca Zamora shed tears as she recalled the many years she lived across the street from Citgo.
Her voice broke as she described her husband and children getting sick repeatedly.
"I'm not supposed to hate Citgo, but I do," Zamora testified. "They hurt my family and my property and they always thought we were dumb. They told us (emissions) never crossed the fence, the chain link fence. They didn't care."
Zamora, 65, lived on Retama Street, across from Citgo, most of her life. DeGuerin questioned her time line.
"When did this take place?" he asked.
Zamora answered, "Probably in the 80s."
"You were part of Citgo's buyout of the Oak Park area, right?" DeGuerin asked. "How much did you get total?"
Zamora answered, "The final price was $74,000."
When Thelma Morgan took the stand, she spoke of having to take care of her husband and son while she too felt ill from the odors coming from the refinery.
"We had sore throats, burning eyes, trouble swallowing ... nausea and dizziness," Morgan said. "In about 1994, my husband got blisters all over his face. The first thing the doctor asked was if he had been around chemicals."
Citgo's defense team will cross examine Morgan beginning at 9 a.m. today in Rainey's courtroom. The prosecution is expected to continue with its next five or six witnesses.
Contact Fanny S. Chirinos at 886-3759 or chirinosf@caller.com
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Citgo-area residents: Bad odors made us ill
Defense lawyers: No proof fumes came from plant
Originally published 02:59 a.m., April 30, 2008
Updated 02:59 a.m., April 30, 2008
U.S. District Judge John D. Rainey heard from nine witnesses Tuesday about how the odors emanating from Citgo between 1995 and 2002 affected them.
Prosecutors tried to illustrate how the witnesses -- seven current or former residents of Oak Park and Hillcrest and two paraprofessionals who worked at Crossley Elementary School -- suffered illness and mental anguish they tie to odors from Citgo Refining and Chemicals Co. Defense attorneys countered by reiterating that the specific source of the odors could not be identified as coming from their client.
The hearing is the initial step in deciding a sentence for Citgo and its parent company, Citgo Petroleum Corp., who were found guilty last year of operating two oil/water separator tanks without the required roofs. Citgo is the first refiner in U.S. history found guilty by a jury of violating federal regulations.
Patricia Gomez, Rosalinda Armadillo, Tammy Castillo, Betty Whiteside, Rosie Porter, Maureen Brooks and Joel Mumphord described similar gas-like, sweet and rotten-egg odors from what they believe was Citgo's East Plant on Nueces Bay Boulevard. They also shared many symptoms, including itchy and watery eyes, sore throats, chest pains, rashes, hives, shortness of breath, nausea and headaches.
"We would get calls from the (Corpus Christi) Police Department telling us to shelter in place," said Armadillo, an Oak Park resident since 1978. "We would cover the bottoms of the doors with towels to keep the odors out and they would last for days. So would our headaches, dizziness, nausea and watery eyes. I still need several pillows to prop me up when I sleep because I can't breathe if I lay on my back."
Mumphord testified that his house shook and foundation cracked from Citgo's flares. He also described the suffocating smell of rotten eggs as well as other smells he said were indescribable.
"I wish you lawyers would live out there so you could see what the hell I'm talking about," said Mumphord, who lives in Hillcrest.
When asked by lead defense attorney Dick DeGuerin for a solution to living near refineries that stink, Mumphord had an answer.
"Instead of paying y'all, Citgo could have bought us out at a decent price," he said. "Not what you want to give us, but $30 a square foot, which is what we've asked for. We live on three lots and we can't take what you want to give us and buy something similar on the Southside."
Curtis Till worked at the elementary school between 1993 and 1997 and Diana Liñan worked there between 1995 and 1997. Both testified that children had to be brought inside or prohibited from going outdoors about four times a year on average because of the odors.
Lead prosecutor Howard Stewart questioned if Till ever had to bring children in or keep them from going to P.E. at his other schools, Dawson and Crockett elementary schools.
"No," answered Till.
Prosecutors have identified the witnesses as victims of Citgo's illegal actions, arguing that symptoms were exacerbated or caused by the odors, which they attribute to the two oil/water separators. Defense attorneys counter that becuase the specific source of the odors has not been identified, it is possible that other refineries, such as Citgo neighbor Flint Hills Resources, could be the cause of the problems.
Testimony continues at 9 a.m. Thursday in Rainey's federal courtroom. Prosecutors are expected to call at least five more witnesses before resting.
Contact Fanny S. Chirinos at 886-3759 or chirinosf@caller.com
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