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A Cambridge wedding photographer faces criminal charges for a series of phone calls he allegedly made to WEEI last fall.

David Banner, 57, pleaded innocent in Brighton District Court yesterday to two counts of criminal harassment, two counts of threats to commit a crime and one count of making annoying phone calls to employees of Entercom Communications in Brighton, according to the Suffolk County District Attorney's office. Banner was released on personal recognizance and ordered to not call any radio station in Boston.

The charges focus on four calls Banner allegedly made to the station in October and November:

In an Oct. 29 call that began with an expression of displeasure over his perception of the station's politics, Banner allegedly stated, "And another thing, the next time [Employee #1] laughs in somebody's face with his snide snickering laugh, I'm gonna come in there and kick his [expletive] teeth in. And then I'm gonna look for you and kick your [expletive] teeth, you [expletive] .... And you can tell [Employee #2] when he makes fun of people to look in the [expletive] [expletive] mirror. [Expletive] you." ...

In one Nov. 4 call, he allegedly said, "When you talk about somebody's look, look in the [expletive] mirror, you donut-eating [expletive] [expletive]. You and your [expletive] [expletive] daughter. Die, you son of a [expletive]."

In a second Nov. 4 call made to a different employee minutes later, he allegedly said, "Every morning when I listen to the show, I just say, jeez, maybe tomorrow I wake up and I hear that [Employee #3] and [Employee #4] died. That would be my wish, for you to [expletive] die."

"If someone finds a radio show that upsetting, the appropriate response is to change the channel," DA Dan Conley said. "Instead, we have here a pattern of extremely vulgar and, frankly, bizarre phone calls that rise to the level of criminal behavior."

The DA's office says all of the calls were taped; does not specify whether any were used on the Whiner Line.

Innocent, etc.

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Comments

Banner was released on personal recognizance

They just can't keep the Hulk under wraps.

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for stealing my snide comment.

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Don't we have laws against voice taping? Or does that only apply to police officers and state officials now?

Further more, where's the criminal threat? Slim case if all the guy did was say he hopes somebody would die.

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Recording a message on voice mail is not a violation of the state's wiretapping statute.

The threat charges arise out of the declaration that the caller will "come in there and kick his [expletive] teeth in. And then I'm gonna kick your [expletive] teeth, you [expletive]."

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See I did miss something, re-read that and caught it. Thanks!

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He did threaten to kick his teeth etc

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I believe the threats of bodily harm that warrant the chrages would be lines such as:

I'm gonna come in there and kick his [expletive] teeth in. And then I'm gonna look for you and kick your [expletive] teeth, you [expletive] ....

Also, phone calls can be taped if one of the parties consents.

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MA requires all parties to consent.

More than likely, WEEI's phone system tells you that you will be recorded (often for "quality control") and by staying on the line you are giving tacit consent.

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It also isn't clear whether these were messages, or actually live calls. At least not that I can tell.

Also, I was never aware that one could be charged on a "count of making annoying phone calls." Does this mean I can press charges against my mother? :-)

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[Note: you would need my permission to record my web comments in order to prosecute me for making annoying comments. Or something.]

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When you call in a radio station's request line, there is an understanding that the call may be recorded or aired. I'll admit it's a somewhat gray area in this purpose, but I figure it would stand in court.

The same does not count the other way around... or if this was recorded on an office voicemail (rather than the request/contest line or another line/voicemail known to the caller to ultimately go on air) it would not fall under the same protection (at least, as far as the FCC is concerned).

That's at least the FCC's view on the deal.

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Allegedly, of course. Mass. Lawyers Weekly has the scoop, reports he also made anti-Semitic references to Jason Wolfe, a Boston Entercom executive. And they talked to his lawyer, who says Banner is "completely embarrassed" by the whole thing and has no plans to call 'EEI ever again.

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people in Cambridge were, you know, "progressive"?

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Hey, there's a whole world of crazy's in Cambridge too. You should hard some of the stories I have from dealing with them coming to the town hall.

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that he had that reaction to Dennis & Callahan. Ugh.

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Now if only Frank from Gloucester would stop calling, life would be perfect!

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Don't forget Steve from Fall River and Screechy from Quincy.

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The Herald interviews David Banner, who says he's sorry for turning a lot of pent-up internal anger outward.

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