Criminal charges dropped in marketing stunt
Two men apologize for January scare
Two local artists whose guerrilla marketing stunt caused a day of bomb scares in the Boston region -- and then fueled public outrage by appearing to make light of the incident -- apologized in court yesterday as prosecutors dropped the criminal charges against them.
As part of a plea agreement, Peter Berdovsky, 27, and Sean Stevens, 28, both of Charlestown, had already performed 80 hours and 60 hours of community service, respectively, at Spaulding Rehabilitation Hospital in Boston, where they used their artistic talents to design a mural for a waiting area.
In their statements to the judge before he approved the settlement, both Berdovsky and Stevens said that they had no idea that the marketing campaign would cause a scare.
"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," Attorney General Martha Coakley said in a statement.
The resolution marked the final chapter in a bizarre misunderstanding that began Jan. 31 after the two men had installed about 40 battery-powered light screens on highway ramps, bridges, storefronts, and other structures in Boston, Cambridge, and Somerville as part of an advertising campaign for a Cartoon Network television show and movie. When the devices were discovered that day, bomb squads rushed to remove and disable them, shutting down major roadways and subway lines and snarling the commute for thousands.
Berdovsky and Stevens, who were to be paid $300 apiece by a New York marketing firm for installing the signs, were charged with misdemeanor disorderly conduct and placing a hoax device in a way that causes panic, a felony that carries a maximum penalty of five years in prison. But legal specialists had said that prosecutors faced an uphill battle because they would need to show intent to win convictions.
Turner Broadcasting System, which runs the Cartoon Network, paid a higher price for the scheme, which had not been cleared by local officials. The media company paid $1 million to reimburse state public safety and transportation agencies, the US Coast Guard, and the cities of Boston, Cambridge, and Somerville for the costs of the emergency response. It paid another $1 million in "goodwill" money for public safety programs.
The general manager of the Cartoon Network, Jim Samples, resigned in the fallout from the incident, which made national headlines and prompted some observers to poke fun at the city for its skittish reaction.
Installed about two weeks before their discovery sparked fears of terrorism, the signs resembled characters featured in the Cartoon Network show "Aqua Teen Hunger Force." Part of a 10-city advertising campaign, the devices did not provoke similar reactions in other places.
Mayor Thomas M. Menino and other public officials have stood by their decision to shut down Interstate 93 north at the height of the scare and to deploy bomb and antiterrorism squads.
"I hope the message goes out to all guerrilla marketers who plan on doing business in Boston that we take the public safety of those who live and work here very seriously," Menino said yesterday in a statement.
At a press conference the day after the scare, Berdovsky and Stevens refused to answer questions about the incident, and launched instead into a rambling riff on the history of hairstyles.
Yesterday inside the courtroom, their demeanor was serious. Both read apologies from prepared statements, speaking clearly and without emotion.
"I never had any intention or even the slightest idea that something I thought would bring glowing smiles to the fans of the Cartoon Network show "Aqua Teen Hunger Force" would cause alarm to so many people," Stevens said.
Outside the courthouse, they declined to answer questions, but showed signs of playfulness. At one point, Berdovsky weaved and scampered through the crowd of cameramen and reporters, flashing a smile and tossing his long dreadlocks in the air.
At Spaulding Rehabilitation Hospital, where the two men have volunteered since early April to perform their community service, the administrator who supervised their visits said they were respectful, motivated, and creative. In addition to their work designing a mural, Berdovsky and Stevens edited a promotional video for the hospital's development department, designed an invitation for an open house, and spent a day scrubbing a dock used for Spaulding's boating program.
"They benefitted, and we did, as well," said Oswald Mondejar, vice president of human resources at the hospital. "They're really good guys, and they have learned their lesson. I think they were shaken by the experience."
She said the two men plan to continue their volunteer work and intend to finish the waiting area mural, which shows children using wheelchairs in a bright garden setting.
A Boston police spokeswoman stressed the lessons learned from the incident, which provided "a real life test of our emergency preparedness system, which responded appropriately and with great proficiency," Elaine Driscoll said.
Boston City Council President Maureen E. Feeney said in a statement that the council will work to develop new communication guidelines for advertising firms to help avoid such surprises.
But bitterness lingered in some quarters.
Michael Flanagan, president of the MBTA Police Association, said he was angry with the settlement.
"I'm upset we had to use so many resources and dedicated so much time and energy to these kids who were just playing around and obviously amused by their actions," he said.
The "Aqua Teen" movie, released in April, appeared to gain little from the marketing campaign. Reviews have been lukewarm and ticket sales modest.
A critic for the Orlando Sentinel wrote this about the film: "To think we laughed at Boston. Then. They knew a bomb when they saw one."
Mac Daniel and Suzanne Smalley of the Globe staff contributed to this report. 