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Two plead not guilty to Boston hoax charges
BOSTON, Massachusetts (CNN) -- Two men pleaded not guilty Thursday to charges they created panic by placing "bomblike" electronic light boards displaying a cartoon character with an upraised middle finger throughout Boston.
Assistant Attorney General John Grossman called the light boards "bomblike" devices and said that if they had been explosive they could have damaged transportation infrastructure in the city.
Judge Paul K. Leary told Grossman that, according to law, the suspects must intend to create a panic to be charged with placing hoax devices. (Watch a Web video of men placing the light boards on structures around Boston 
)
It appears the suspects had no such intent, the judge said, but the question should be discussed in a later hearing.
Peter Berdovsky and Sean Stevens were released on $2,500 bail, said Mike Rich, their attorney. The next pre-trial hearing is scheduled for March 7.
In a news conference, Rich told reporters he had advised his clients not to discuss the incident. Stevens and Berdovsky took the podium and said they were taking questions only about haircuts in the 1970s.
When a reporter accused them of not taking the situation seriously, Stevens responded, "We're taking it very seriously." Asked another question about the case, Stevens reiterated they were answering questions only about hair and accused the reporter of not taking him and Berdovsky seriously.
Reporters did not relent and as they continued, Berdovsky disregarded their queries, saying, "That's not a hair question. I'm sorry."
On Wednesday, Boston authorities shut down bridges and a stretch of the Charles River. The scares sparked criticism of Turner Broadcasting System Inc., the parent company of CNN, because the cartoon "moon men" were part of a guerrilla marketing campaign to promote the late-night Adult Swim cartoon "Aqua Teen Hunger Force." (Watch how the scare unfolded )
The moon men, or "Mooninites" as they're known to the show's faithful, are delinquent outer-space men who make frequent appearances on the program. Photographs of the devices show several tiny light bulbs protruding from a circuit board that houses wiring and at least four batteries.
Berdovsky, 27, a freelance video artist from Arlington, Massachusetts, and Stevens, 28, face charges of placing a hoax device in a way that results in panic, as well as one count of disorderly conduct, said Massachusetts Attorney General Martha Coakley. The hoax charge is a felony, she said.
According to his Web site, Berdovsky is a graduate of the Massachusetts College of Art who goes by the nickname "Zebbler." Berdovsky, a Belarusian, has a green card and is seeking asylum in the United States, Rich said.
Mayor calls stunt "outrageous"
A Web site, www.zebbler.com, features a video of people assembling the LED moon men and driving around Boston installing them on buildings and other structures. Turner Broadcasting has said a third-party New York advertising firm, Interference Inc., conducted the campaign, and the Web video's introduction states, "The Interference Information Network takes on the ATHF," referring to "Aqua Teen Hunger Force."
Interference Inc. had no comment on the incident.
Boston Police Commissioner Edward Davis called the stunt "unconscionable," while Boston Mayor Thomas Menino called it "outrageous" and the product of "corporate greed." Democratic Rep. Ed Markey, a Boston-area congressman, added, "It would be hard to dream up a more appalling publicity stunt."
Phil Kent, TBS's chairman and CEO, issued an apology to the city and said in a statement that police were notified as soon as Turner realized the marketing campaign was mistaken for something sinister.
"We also directed the third-party marketing firm who posted the advertisements to take them down immediately," Kent said in a statement. (Read the full statement)
But while Menino and Coakley called the apology inadequate, others disregarded Boston's response as much ado about nothing.
Twenty-two-year-old Todd Venderlin, a design student at the Parsons School of Design in New York City, saw one of the devices two weeks ago as he left a lounge in south Boston, according to The Boston Globe. He said he was stunned when he saw bomb squads removing them.
"It's so not threatening -- it's a Lite Brite," he told the newspaper, referring to the children's toy that allows its users to create pictures by placing translucent pegs into an opaque board. "I don't understand how they could be terrified. I would if it was a bunch of circuits blinking, but it wasn't."
Devices in place for weeks
Turner said the devices have been in place for two or three weeks in Boston; New York City; Los Angeles, California; Chicago, Illinois; Atlanta, Georgia; Seattle, Washington; Portland, Oregon; Austin, Texas; San Francisco, California; and Philadelphia, Pennsylvania.
However, only in Boston did the light boards create such a furor. In Seattle and several suburbs, the signs were removed without fuss, according to The Associated Press.
"We haven't had any calls to 911 regarding this," Seattle police spokesman Sean Whitcomb told AP on Wednesday.
Police in Philadelphia told AP that authorities had confiscated 56 of the devices. In New York, a street was shut down for 45 minutes after two of the devices were found on an overpass, the New York Post reported. In all, 41 of the devices were found in the Big Apple, according to the newspaper.
In Boston, however, state, local and federal authorities shut down the Boston University and Longfellow bridges, and blocked maritime traffic from the Charles River into Boston Harbor. Bomb squads scrambled throughout the city and its suburbs, snarling traffic and mass transit in the city.
Coakley and Menino did not rule out the possibility of criminal charges, or a civil suit to recoup what they say is the hundreds of thousands of dollars the city spent to respond to the bomb scares.
Massachusetts Bay Transportation Authority spokesman Joe Pesaturo said the legal department is sending Turner a letter asking the company to reimburse the city for all costs incurred during the hoax, but the authority had no plans to unilaterally file a lawsuit.
Coakley, who said she didn't learn of the devices until Turner sent a fax to City Hall about 5 p.m. Wednesday, said Turner did not provide the locations of the devices. Officials believe there were 38 light boards placed around Boston, some on private property, she said. As of Thursday morning, 15 had been recovered, Boston police spokesman Eddie Chrispin said.
"It had a very sinister appearance," Coakley told reporters. "It had a battery behind it, and wires."
Asked whether Massachusetts authorities have the jurisdiction to arrest people out of state, Coakley said she believed they would if the offenses took place in Massachusetts. Turner Broadcasting's headquarters is in Atlanta.
Adult Swim shares channel space with Cartoon Network, another Turner enterprise. The Cartoon Network broadcasts during the day and is aimed at a younger audience. At night, Adult Swim takes over the airwaves with its more mature programming.
We come in peace.From the major “Oops” department, Turner Broadcasting has claimed responsibility for a slew of “suspicious packages,” scattered around various American cities, that caused a terrorism scare in Boston, provoked the closure of major roadways and part of the Charles River, and mobilized local and federal law enforcement.
Seems the little devices were part of an outdoor marketing campaign in 10 cities in support of an animated television show airing on Turner’s Cartoon Network called “Aqua Teen Hunger Force.”
Shirley Powell, of Turner Broadcasting, issued a statement:
UPDATE: A video and photographs at the Web site of Peter Berdovsky documents the “guerrilla marketing” campaign being put in place around Boston.They have been in place for two to three weeks in Boston, New York, Los Angeles, Chicago, Atlanta, Seattle, Portland, Austin, San Francisco and Philadelphia. Parent company Turner Broadcasting is in contact with local and federal law enforcement on the exact locations of the billboards. We regret that they were mistakenly thought to pose any danger.
What were thought to be bombs were actually “magnetic lights,” according to the network.
Said Gov. Deval L. Patrick of Massachusetts earlier today, when it became apparent that the items were benign: “It’s a hoax — and it’s not funny.”
UPDATE: The Times’ Pam Belluck has the follow-up today, including the arrest of two men — Peter Berdovsky, 27, of Arlington, and Sean Stevens, 28, of Cambridge — who were charged with placing the hoax devices and disorderly conduct. Mr. Berdovsky’s Web site included photographs and a video documented the guerrilla marketing campaign (as of this morning), which Boston Mayor Thomas M. Menino did not find humorous.
From Pam’s story today:
“It is outrageous, in a post-9/11 world, that a company would use this type of marketing scheme,” Mr. Menino said in a statement. “I am prepared to take any and all legal action against Turner Broadcasting and its affiliates for any and all expenses incurred during the response to today’s incidents.”
The devices are dotted with blue and purple lights and are shaped like “Aqua Teen” characters, mooninites. One character, Err, seems angry, with slanted eyebrows and what appear to be raised middle fingers.
A film based on the cartoon is to be released this year.
(A QuickTime version of the video showing the devices going up around the city can be viewed here.)
Also worth noting: Gov. Patrick is not satisfied with Turner’s apologies.
From a statement released by the governor’s office later in the day yesterday:
“This stunt has caused considerable disruption and anxiety in our community. I understand that Turner Broadcasting has purported to apologize for this. I intend nonetheless to consult with the attorney general and other advisers about what recourse we may have.”
