Date: Thu, 1 Feb 2007 10:39:00 -0500 From: Jason To: Boston Metro, Boston Herald, Boston Globe Subject: Reality Check on the ATHF Advert If thirty of these illuminated, Lite-Brite-esque, page-sized advertisements have been blinking all over Boston for the last two weeks, why weren't they noticed sooner? And if thirty of these can sit in plain sight (in ten major metropolitan cities) for fourteen days, witnessed by tens of thousands of people and dozens (if not hundreds) of cops, none of whom felt concerned enough to raise an alarm, why are some people so eager to say those responsible are criminal charge-worthy fools who should have known better? Fact is, Menino & Co. are screaming at the top of their lungs so nobody notices we aren't actually safe but we have become a nation of robots in the process of pretending we are. Really, does anyone seriously believe a terrorist would decorate their bomb with an obscene gesturing alien that lights up? Sincerely, Jason Desjardins

From a Boston Globe article titled "Froth, Fear, and Fury":

"Berdovsky, who described himself as " a little kind of freaked out," faces up to five years in prison on charges of placing a hoax device in a way that causes panic and disorderly conduct."

Checking Massachusetts General Laws we find:

CHAPTER 266. CRIMES AGAINST PROPERTY
Section 102A1/2. (a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device or hoax substance with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years or by a fine of not more than $5,000, or by both such fine and imprisonment.

If you don't have intent, you don't actually have a crime, and the Attorney General obviously knows this. So what does it mean when the AG is willing to charge those responsible with a law they know wasn't actually broken?

Everyone needs to get a grip. It was a bone-headed mistake made by some poor sap that, unfortunately, spiraled way out of control. No more, no less.

Shit happens. Get a fucking helmet.