UPDATE: After a defamation trial that many saw as a First Amendment issue, Bubba the Love Sponge Clem (his legal name) has been found not guilty. After closing arguments were presented Wednesday, the Tampa jury found that Todd "MJ Kelly" Schnitt did not prove he was defamed by Bubba, and voted not guilty on all counts against Clem. The verdict didn't take long to come back. It came just about three hours after the case had gone to the jury following closing arguments. Our earlier report follows.
The civil lawsuit trial involving Bubba The Love Sponge Clem and Todd "MJ Kelly" Schnitt has now gone to the jury after closing arguments. Schnitt is suing Clem for alleged defamation from on-air comments when the two were competing in mornings in the Tampa radio market, which some say was nothing but a "good classic radio war." Schnitt's attorney told the jury in his closing statement that Bubba defamed his client on the air "out of sheer hatred." Bubba's lawyer Joseph Diaco, however, said in his closing argument that "No one goes to the Bubba the Love Sponge morning show to learn an objective fact. It's an entertainment show. It's a farce." The closing arguments followed nine days of testimony over the past three weeks, and the highly publicized DUI arrest of one of the key attorneys in the case, followed by accusations that the arrest was a setup from the other side. Knowledgable observers of the case note that as a public figure, Schnitt must prove there was "actual malice" -- that statements were made with knowledge that a statement is false or in reckless disregard for being true or false. Clear and convincing evidence must be shown that the plaintiff was harmed.
After the case went to the jury for deliberations, alternate juror Alana Wilshire was dismissed and spoke at length with the media. "I think MJ should put on his big girl panties and get over it," she told a TV station. "This is a waste of taxpayer money. I would rule in favor of Bubba. I wouldn't give MJ a dime!" Wilshire, along with other jurors, are prohibited from speaking to one another about the case while the trial is in progress. When asked if other jurors felt the same she said, "I don't know. We can't talk about it. I've been dying to voice my opinion."
She said the trial has been a waste of time and pointed out that even she has been called names in the past. "MJ should get over it. When Bubba called MJ's wife a whore, it wasn't meant about Michelle, it was a way to get back at MJ. It was aimed at him."
Meanwhile, media reports say this is not Schnitt's first such lawsuit against a rival radio personality. In 1990 a Virginia jury awarded Schnitt, as MJ Kelli, $310,000 after he successfully sued rival Roy Jaynes, who used the on-air name D.B. Cooper. Both were then night hosts in the Norfolk, Virginia, market. Jaynes had made derogatory comments about Schnitt on the air, including calling him a "little homosexual Jew boy" and inviting listeners to testify on-air that Schnitt was gay. In that slander lawsuit, Schnitt asked for $3 million.
Nadine Santos Named '92.3 Now FM' New York APD/MD
CBS Radio CHR-Top40 "92.3 Now" WNOW-FM, New York, names Nadine Santos as its new Assistant PD/Music Director. She was previously APD/MD at crosstown Clear Channel Urban "Power 105.1" WWPR-FM, and Senior Manager of Programming for Music Choice. She starts at "92.3 Now" February 11. Says Program Director Rick Gillette, "The outpouring of interest in this position was gratifying. Some of the biggest names in the country raised their hand, and I spoke to almost every one of them over the past seven weeks, which is why this took a little longer than I had hoped. At a very early stage in the process it became clear that a New York state of mind was going to be a critical requirement of whoever got this job. It doesn't get much better than a native New Yorker who grew up listening to Top 40 radio in New York. She understands the landscape and the cultural relevance of the major New York radio brands from a consumer's standpoint. From a strategic standpoint, she has been battle tested in market #1 as an integral part of the team at Power in their clash vs. Hot 97 [WQHT]. And finally, she is ensconced in the lifestyle of the target audience because she is the audience." Santos tells us, "I'm thrilled to be returning to New York City radio and joining the amazing team Rick Gillette has assembled at 92.3 Now. It's a programmer’s dream to work with such talented executives including Greg Strassell, Michael Martin and Gillette. As the newest member of CBS Radio, I look forward to helping 92.3 Now continue to inject an authentic and youthful voice into the Tri-State Area."
Ohio's 'Q92' Apologizes for Host Mocking Caller with Down Syndrome
CHR-Top40 "Q92" WDJQ-FM, Canton, Ohio, apologizes for comments made by afternoon host Mo, which set off a furor and are said to have mocked a caller who it was discovered has Down Syndrome. The family of the caller is said to hope that publicizing the situation will "raise awareness of bullying of people with disabilities." The mother of caller Kellie Baker, who reached the station accidentally, tells media in the area, "My feeling is, if I can change the way one person thinks or feels, it would be phenomenal." According to TimesRegister.co, "The host of 'The MO Show' answered the phone. She thought she was speaking with her friend’s dad, " quoting the mother, Gigi Standiford. "The radio host kept Baker on the phone for several minutes, and then played a recording of their conversation on the air. Near the end, Mo asked her if she knew who he was. Baker answered, 'No'. 'Okay, so I can laugh at you and you won't know who to call and say you’re offended,' Mo said, and then laughed."
The station has issued a statement through its attorney, saying:"Q92 and 'The Mo Show' would like to take this opportunity to reaffirm its support of efforts to raise awareness regarding the challenges faced by those with developmental disabilities. Specifically, the station wishes to sincerely apologize again for any actions or comments that could be construed as making light of the challenges faced by persons that are developmentally disabled or casting those persons in any humorous light. The station's policy is to treat our callers and listeners with the utmost respect, professionalism, and sensitivity." Nevertheless, multiple reports indicate this is not the end of the controversy.
Grammy Foundation Names Ryan Seacrest Honorary Board Chair
The Grammy Foundation has appointed Ryan Seacrest as Honorary Chair of the Foundation's Board. The Grammy Foundation, one of two affiliated charities of The Recording Academy, offers year-round music education programs for high school students and schools, as well as advancement, archiving and preservation, and grant-making programs to safeguard important collections and fund research at the intersection of music and science. Seacrest joins current Grammy Foundation Board Chairman and new venture backer Rusty Rueff; Vice Chair Tim Bucher, founder and CEO of TastingRoom.com and Silicon Valley-based entrepreneur; Secretary/Treasurer Geoff Cottrill, chief marketing officer of Converse; and Chair Emeritus Beatriz R. Perez, chief sustainability officer of the Coca-Cola Company, in leadership positions at the organization. "I speak for all of the officers and directors of the Grammy Foundation in wholeheartedly welcoming Ryan to our Board," says Neil Portnow, President/CEO of The Recording Academy and Grammy Foundation. "I've known Ryan personally and professionally for many years, and his energy, integrity and keen vision will bring an increased strength to our mission and programs."
"Contributing to the great work of the Grammy Foundation will be an honor and privilege, as music has forever been a powerful force in my life," adds Seacrest. "It's truly exciting to join the Board and help launch the Music Educator Award, which will recognize one of America's greatest treasures: music teachers." According to a news release, "In recognition of the significant role of teachers in shaping their students' musical experiences, the Grammy Foundation and The Recording Academy are partnering to present the first Music Educator Award. Open to current U.S. music teachers kindergarten through college, the Music Educator Award will be awarded annually starting in 2014 during Grammy Week. The nomination process will launch online beginning February 10 at www.grammymusicteacher.com and the deadline forsubmissions is April 15."
NABOB Urging FCC to Not Allow Further Broadcast Ownership Consolidation
As the FCC continues its quadrennial review of its broadcast ownership rules, NABOB (National Association of Black Owned Broadcasters) again is urging the Commission to refrain from further relaxing any of its ownership rules, including broadcast-newspaper cross-ownership restrictions. NABOB says allowing further consolidation would come at the expense of minority broadcast owners or potential owners. In letters to FCC Commissioners, and in formal comments filed with the FCC, NABOB says, "If large radio group owners are now allowed to combine their multiple station ownership advantage with ownership of a daily newspaper, the group owner will be able to combine the radio and newspaper sales forces, and will be able to offer advertisers a combined radio-newspaper buy, which will leave minority owners even more disadvantaged in their efforts to compete in the marketplace." NABOB urges the Commission to complete the studies required by the Supreme Court in an Affirmative Action and Equal Protection ruling, which provide a basis for adopting new policies specifically designed to promote minority broadcast station ownership.
Cox Orlando Promotes Tammie McGrath to DOS
Cox Media Group names Tammie McGrath to be Director of Sales for its six-station Orlando cluster. McGrath is currently General Sales Manager of CMG's Orlando stations WCFB-FM and WWKA-FM. She's been with the cluster for seven years and has served as General Sales Manager, Local Sales Manager and Account Manager. "Tammie is a great leader and champion for our Cluster," says VP and Market Manager Susan Larkin. "I believe that this will give her the opportunity to continue to leverage her strengths." McGrath adds, "I appreciate the opportunity and support to grow this cluster. I look forward to collaborating with Susan and the sales leadership team to put some plans and processes in place that will help us continue to be successful in our market." Reporting to McGrath in her new role will be General Sales Managers JC Campese, Jimmy Farrell, and Ken Marks, along with cluster Director of Marketing Services Dina Pancoast, and the Cox Events Group team of Wes Halliwell and Dan Leaphart. McGrath will also continue oversight of WCFB-FM and WWKA-FM until her replacement is named.
SiriusXM to Offer Super Bowl with 12 Broadcasts in 9 Languages
SiriusXM Radio says that it will offer listeners comprehensive coverage of Super Bowl XLVII, with 12 different live broadcasts of the game in nine languages. On Sunday, February 3, at 6pm ET, SiriusXM will air Super Bowl XLVII live from the Mercedes-Benz Superdome, offering subscribers a choice between the team radio broadcasts of the AFC Champion Baltimore Ravens and NFC Champion San Francisco 49ers, plus the national radio broadcast and eight foreign language broadcasts. Subscribers who have SiriusXM Internet Radio access in addition to their satellite radio subscription can also listen to the game through the SiriusXM Internet Radio App for mobile devices and online at SiriusXM.com.
Baltimore Ravens broadcast - Sirius 92 / XM 225 / Online 802
San Francisco 49ers broadcast - Sirius 86 / XM 226 / Online 827
National radio broadcast – Sirius 88 / XM 88 / Online 88
Spanish language broadcast – Sirius 148 / XM 228 / Online 551 & 971
BBC Radio broadcast – Sirius 91 / XM 229 / Online 960
Hungarian broadcast - Sirius 94 / XM 230 / Online 961
Chinese broadcast – Sirius 128 / XM 231 / Online 962
German broadcast – Sirius 123 / XM 232 / Online 963
Dutch broadcast - Sirius 134 / XM 233 / Online 964
Portuguese broadcast – Sirius 135 / XM 234 / Online 965
Japanese broadcast – Sirius 136 / XM 235 / Online 966
French broadcast – Sirius 93 / XM 236 / Online 967
Sun City Cafe Radio Network Set to Launch in July
AVDeli expands its menu of broadcast services to include a new, long-form, creative programming division. The Sun City Cafe Radio Network will launch in July, headed by President David Hunter. The company says two new weekly syndicated radio shows are now in production and three more are currently in development. "The Sun City Cafe" will be produced before a live studio audience in Sun City, Arizona, featuring Classic Hits, Classic Comedy and Pop Culture flashbacks. The weekly three-hour show will be hosted by air personality and voiceover talent Joe Kelly and will also feature voiceover talent Kate West. "Notorious 90s" will be produced in Austin, TX and hosted by KLBJ Program Director and air personality LA Lloyd. That weekly two-hour show will be a Rock excursion through the last decade of the 20th Century. Hunter says he's now searching for a host for a new heavy metal show, "Metal Madhouse," that will feature "metal monsters from the 70s, 80s and 90s." Those interested should contact Hunter at suncitycafe@cox.net.
Very Briefly ...
Mary Lou Gunn is set to begin as General Manager for Buckley's four Bakersfield stations -- KLLY, KSMJ, KNZR, and KKBB -- February 4. Gunn is moving to Buckley after 20 years in radio, most recently as VP/DOS for Univision’s San Francisco cluster. Prior to that she was VP/Market Manager for Clear Channel's Portland, Oregon, cluster. Buckley Radio President Joe Bilotta says, “We at Buckley Radio are thrilled to have someone of Mary Lou’s experience join us in this capacity. Bakersfield is a growing market and our four-station cluster will benefit from her considerable skill-set.”
CHR-Top40 "Z93" Conway/Myrtle Beach, SC, "will flip to a Southern Rock and Country mix on February 1 as '93.9 The Outlaw'," writes Lance Venta at RadioInsight.com. The station is currently owned by the Volt Radio Trust, created for divestiture of stations when Cumulus acquired Citadel.
CMP KC Corp., headed by Lew Dickey, has closed on Urban AC "Magic 107.3" KMJK-FM, Kansas City from AR Broadcast Holdings for $5.58 million, according to broker for the deal Patrick Communications. AR is headed by President Larry Patrick.
My Town Media has closed on its previously announced purchase of KIND-AM and FM, and KBIK-FM, Independence, Kansas, from the Receiver for Tallgrass Broadcasting for $310,000. My Town Media is headed by Bill Wachter and has other radio interests in Kansas and Arkansas. David Rhoades was the Court appointed Receiver for Tallgrass Broadcasting. The word of the closing comes from Bill Whitley of Media Services Group who served as the broker representing the Tallgrass Receiver.
Entravision Communications changes the name of its Lotus Entravision Reps to Entravision Solutions. The company says, "The new identity reflects the organization's ongoing investment in its marketing solutions, including expanded sales and marketing resources, and a focus on maximizing opportunities by leveraging the Entravision brand."
Katie Dombrowski returns to Coleman Insights as Communications Manager, 18 months after leaving to serve on the staff of a political campaign in North Carolina. "We are very excited to have Katie back on the Coleman team," says Coleman Insights President/COO Warren Kurtzman. "As Communications Manager, Katie will focus on all external communications and marketing for the company. Her expertise in social media and public relations will play a vital role in communicating the insights we deliver to our clients and the industries we serve under our Coleman Insights, Music Forecasting and knowDigital brands." Prior to leaving, Dombrowski was a Field Coordinator for Coleman Insights.
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