No Criminal Charges For Men in Cartoon Network Stunt

The two men who were charged in the late January Boston marketing plot that resulted in a bomb scare apologized Friday for their actions and settled their case with community service, which they already completed.

Peter Berdovsky, 27, and Sean Stevens, 28, told Judge Anthony Sullivan in Charlestown District Court that they never intended to upset anyone.

“I deeply regret that this incident caused such anguish and disruption to so many people,” Berdovsky said in a statement to the court. “I acknowledge responsibility for my part in that disruption, and I apologize to the residents of Boston, Cambridge, Somerville and everyone else affected for the hardships they encountered.”

This resolves the case, and prosecutors agreed not to pursue criminal charges against the two.

Berdovsky and Stevens were paid $300 each to erect light boards in Boston in January as part of guerrilla marketing campaign for Turner Broadcasting System to promote Cartoon Network’s “Aqua Teen Hunger Force” TV show.

The devices, some of which were placed on bridge supports and near a subway station, alarmed residents and triggered calls to Boston police. Law enforcement officials responded by calling in the bomb squad and shutting down bridges and highways, clogging traffic for hours.

The two men were charged with placing a hoax device and disorderly conduct.

To resolve the charges, Berdovsky completed 80 hours of community service and Stevens completed 60 hours, both at Spaulding Rehabilitation Hospital in Boston over the last month. As part of their service, the two created a mural for the hospital, assisted with maintenance of the facility’s sailing docks on the Charles River and handled other tasks on hospital property.

“After learning all of the facts, we wanted to make an effort to fashion a parallel resolution for these young men as we did for Turner Broadcasting,” Attorney General Martha Coakley said in a statement. “Based upon the defendants’ apologies and acceptance of responsibility for their actions in January and the attendant consequences, as well as the positive and substantial efforts at restorative justice made by both men through their community service, we believe that this was the most appropriate resolution to this case.”

Jeffery Pyle, Berdovsky’s lawyer, said Friday his client’s community service work showed a good faith effort to rectify the situation.

“Peter cooperated with authorities throughout the case and he performed community service at the Spaulding Rehabilitation Hospital both to resolve the charges against him and as a way of giving something back to the community,” Spaulding said. “But the fact is, Peter did not commit a crime. He was charged with placing of a hoax device. That charge requires intent to cause anxiety, unrest, fear or personal discomfort and that clearly was not the intent here. The only intent was to conduct a marketing campaign for Cartoon Network.”

“Peter made clear he never imagined the device would be perceived as dangerous in any way,” he added. “That said, we were happy the case could be resolved as it was. We believe with the mural that has been produced for the hospital, something good has come out of this whole controversy.”

The signs were placed in nine other markets around the country, but Boston was the only city that reported problems with them.

The botched marketing still had some fallout for others involved.

Turner Broadcasting System and Interference Inc., the New York agency hired to execute the campaign, paid $2 million in restitution to local governments and law enforcement agencies and apologized. And, Jim Samples, Cartoon Network’s former general manager, resigned nine days after the incident.

The Cartoon Network stunt was the only one that caused Boston problems. Shortly after the stunt, a Dr Pepper treasure hunt sent participants to an historic graveyard in search of a gold coin worth $10,000, forcing city officials to shut down the graveyard and posted security at the site.

Cadbury Schweppes, the parent company of Dr Pepper, paid for the security costs at the Granary Burying Ground and made a $10,000 donation to the cemetery for its trouble.

Despite the resolution in the case, Boston city officials still plan to meet to discuss how marketing firms can avoid further problems with guerrilla marketing campaigns.

“This was a painful lesson to guerilla marketers in Boston and elsewhere that their actions have consequences,” Boston City Council President Maureen Feeney said Friday in a statement. “While this settlement seems to mark the end of criminal proceedings, we must continue to learn from these incidents to ensure that they never happen again.”

No dates have yet been set for the meeting, but Feeney said she would work with fellow councilor Stephen Murphy to schedule it soon.

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