Dr. Conrad Murray Sentenced to 4 Years for death of Michael Jackson - Appeal likely

Story by CNN
Written by Alan Duke

Los Angeles  -- Dr. Conrad Murray was sentenced Tuesday to four years in the Los Angeles County jail -- the maximum sentence allowed under the law -- in the death of Michael Jackson. He may serve no more than two, however.

Los Angeles County Superior Court Judge Michael Pastor, in a lengthy statement delivered before sentencing Murray for involuntary manslaughter, said he felt a significant responsibility to determine the appropriate sentence, utilizing his "sense of fairness and decency."

"There are those who feel Dr. Murray is a saint," Judge Pastor said. "There are those who feel Dr. Murray is the devil. He's neither. He's a human being. He stands convicted of the death of another human being."

Automatic credit for good behavior lowers the actual time served to two years, which puts his projected release date in late 2013, Los Angeles County Sheriff's spokesman Steve Whitmore said.

Murray is not eligible for early release electronic monitoring or house arrest, which some county prisoners get under a federal court order aimed at reducing jail overcrowding, Whitmore said. "He does not meet our requirements for any kind of home monitoring," he said.

Members of Jackson's family, who sat in court for Tuesday's sentencing, appeared pleased with the judge's decision to ignore defense please for leniency.

A statement from the family, read in court by a lawyer, said they were "not here to seek revenge," but they wanted a sentence that "reminds physicians that they cannot sell their services to the highest bidder and cast aside their Hippocratic oath to do no harm."

It included a message to the judge from Jackson's three children, Prince, Paris and Blanket.

"We will grow up without a father, our best friend, our playmate and our dad," the children said.

Defense lawyer Ed Chernoff acknowledged that it was unlikely Pastor would accept probation for Murray, but he still made a case for community service over time behind bars.

"He could do things for the community on probation that he could never do sitting in that little room," Chernoff said.

Even without jail time, Chernoff said, he will suffer the rest of his life because of the loss of his medical career and the stigma of the conviction.

"Whether he is a barista the rest of his life, whether he is a greeter at Walmart, he's still going to be the man who killed Michael Jackson for the rest of his life," Chernoff said.

Deputy District Attorney David Walgren, arguing for the maximum four years in jail, said Murray was "playing Russian roulette with Michael Jackson's life every single night," by using the surgical anesthetic propofol to put him to sleep in "a reckless, obscene manner."

Murray showed his lack of remorse or acceptance of his personal responsibility in an interview nine days before he was found guilty, Walgren said.

"I don't feel guilty because I did not do anything wrong," Murray said in a documentary aired days after he was convicted.

Pastor delivered a 30-minute explanation of why he was sentencing Murray to the maximum jail time, even though the doctor was technically eligible for probation.

Murray's "faux documentary" made it appear he was just a "bystander" in Jackson's death who was "entrapped" and "betrayed" by his patient, Pastor said.

"Yikes! Talk about blaming the victim," he said. "Not only isn't there any remorse, there's umbrage and outrage on the part of Dr. Murray against the decedent, without any, any indication of the slightest involvement in this case."

Pastor said that while he had considered the entire "book" of Murray's life, he also had "read the book of Michael Jackson's life."

"Regrettably, as far as Dr. Murray is concerned, the most significant chapter, as it relates to this case, is the chapter involving the treatment, or lack of treatment, of Michael Jackson."

Jackson died "not because of an isolated one-off occurrence or incident," Pastor said. "He died because of a totality of circumstances which are directly attributable to Dr. Murray ... because of a series of decisions that Dr. Murray made."

Murray, he said, became involved in "a cycle of horrible medicine."

He cited Murray's "pattern of deceit and lies. That pattern was to assist Dr. Murray."

A tape recording of Jackson's slurred voice was Murray's "insurance policy," Pastor said. "It was designed to record his patient surreptitiously at that patient's most vulnerable point. I can't even imagine that happening to any of us because of the horrific violation of trust."

He said he wondered whether that tape would have been offered for sale, had Jackson not died and a rift had developed between the two in the future.

One of the 12 jurors who found Murray guilty said in an interview airing Tuesday on HLN's "Issues with Jane Velez-Mitchell," that the recording did not play into the verdict.

"We talked about that audio a little bit," Debbie Franklin, known as "Juror 5," said. "We didn't really understand why it was presented. I still do not understand what that was about."

Murray was convicted of involuntary manslaughter three weeks ago after a trial in which prosecutors successfully argued that Murray's reckless use of propofol to help Jackson sleep, without proper monitoring equipment, led to the singer's death.

"We had decided the three issues we were going to focus on were the not calling 911, not having the medical equipment and him leaving the room," Franklin said. "That was the bottom line for this case."

Testimony during the trial revealed that Murray gave propofol nearly every night in the two months before the singer's death on June 25, 2009, as Jackson prepared for his comeback concerts set for London the next month.

The judge set a hearing for January 23 to decide on the prosecution's request that Murray be ordered to pay Jackson's estate and his children more than $100 million in restitution for the "wage and profits lost," as provided under California's "victim's bill of rights" law.

The singer's "estate estimates Michael Jackson's projected earnings for the 50-show O2 concert series to be $100 million," the prosecutors said.

With nearly $2 million in funeral expenses and 10% interest added each year, the prosecution is asking Pastor to order Murray to pay Prince, Paris and Blanket Jackson more than $120 million in restitution.

While it is doubtful that Murray, who is unlikely to ever practice medicine again, could pay very much of that sum, it could prevent him from reaping financial benefits from any books, interviews or film projects in the future.

2000th Blog Post: President Obama and daughters support a Small Business bookstore

Egyptians head to the polls for first vote since historic revolt

story by CNN

Cairo -- Egyptians streamed into polling places Monday to vote in the first election since an improbable revolt toppled one of the world's longest-serving rulers.

Hundreds of people lined up on the streets of downtown Cairo, waiting patiently to cast their ballots in the first round of voting to decide who will sit in the upper and lower houses of Parliament. The lower house will be tasked with drafting Egypt's new constitution.

"This is the first time in 55 years that I (can) vote," said Sharif Shinawi, a 55-year-old businessman. "It was never in the history of Egypt, since Adam and Eve, that we've had this opportunity. I am willing to wait 10 hours, or until tomorrow morning if I have to, but I will vote."

In Cairo's el Manial neighborhood, Mohamed Rida'a Mohamed Abdulla beamed as he left a polling station.

"Before, there was always cheating. Now, I could be wrong, but I think my vote will count," the electrical engineer said. He said he refused to vote for members of ousted President Hosni Mubarak's disbanded National Democratic Party, and he said he also wouldn't vote for the Muslim Brotherhood -- "even though I have a beard and I am a very good Muslim. I voted for a middle party."

Meanwhile, crowds continued to gather in Cairo's Tahrir Square, where protesters have demanded change since early this year. They overthrew Mubarak in February -- a major victory in the Arab Spring uprisings -- and are now calling for his military replacements to step aside.

Tour guide Mohamed Ali, like many Egyptians, is torn between the ballot box and a revolution he feels is incomplete.

"The election -- it's the chance now," Ali said. "I'll go (vote), and (then) I'm back in the square."

Problems surfaced at some polling areas.

Fliers supporting various parties were handed out in parts of Cairo in violation of election laws. Some people standing in line used them to fan themselves.

"Yes, there have been some limited reports of campaigning outside polls, which is illegal, but the military contained the situation and stopped them or confiscated their campaigning material," election committee official Abdel Moez Ibrahim said.

Tensions flared in Assiut, where gunshots were fired and a highway was blocked by supporters of a candidate who had been banned from running, Egypt's Interior Ministry said.

Ibrahim said that in general, the election process was going smoothly, but that some "reports of irregularities are related to (the) late opening of some polls."

Those polls would stay open late Monday evening for the same number of hours for which they were delayed, he said.

Activist Yousri Kamal said ballots had yet to arrive at one polling station in Cairo, hours after polls opened.

"Many people are angry and are starting to leave," Kamal said.

'At a critical crossroads'

On the eve of Monday's election, the head of the Supreme Council of the Armed Forces -- Egypt's current ruling body -- urged Egyptians to vote and warned of "dire consequences" if the nation's political crisis continues, state-run Al-Masriya TV reported.

Some 50 million people are eligible to take part in the historic election. Polls close Monday at 9 p.m. (2 p.m. ET).

"Please go and vote because we want a Parliament that is well balanced from all the parties and groups. The elections will not be successful until everyone who has a right to vote participates. Egypt is at a critical crossroads. It either succeeds, or Egypt will face dire consequences," Field Marshal Hussein Tantawi said.

Egyptian voters abroad have already cast their ballots, said Ambassador Ahmed Ragab, assistant to the foreign minister of Egypt. From November 23 to 27, 70% of Egyptians abroad voted at embassies, he said.

Elections for the lower house are scheduled to take place in three stages, the last one of which is set for January. Upper house elections will run between January and March.

Egyptians have dozens of political parties and thousands of independent candidates to choose from. The once-banned Muslim Brotherhood, one of the nation's largest organizations, is expected to perform well in the election.

Egypt TV reported that 33 candidates from the revolution that ousted Mubarak have withdrawn their candidacy in protest of the current political circumstances.

The polling is taking place against the backdrop of demonstrations calling for an immediate end to military rule.

At least 42 people have been killed in clashes over the past two weeks, including at least 33 in Cairo. An additional 3,250 have been wounded, according to the Health Ministry.

The Supreme Council of the Armed Forces said presidential elections would be held by June. Military leaders say they will hand over power to a new government when one is elected.

U.S. student arrested in Egypt: I fainted from fear

"I fought for these elections in Tahrir Square and even got shot, but I am boycotting them completely. I don't trust the military one bit. ... It's a farce, and more people will die in the next two days," said Omar Ahmed, a taxi driver.

Amr Hamzawy, a 32-year-old shopkeeper, also said he would not vote.

"There is no inclination that the judiciary is independent, so there is no way to prove the election will be free and fair," he said.

Others expressed confidence and said they were excited about the opportunity to help decide the country's direction. The streets are full of election banners -- a strong sign of democracy in a country ruled for 30 years by Mubarak's iron fist.

"I believe the election is a good thing. ... If we are lucky, maybe we'll get rid of Tantawi," activist Ashraf Nagi said.

Egypt 'will never turn back'

Like Ahmed, analysts have warned of increased violence if the vote is not considered legitimate by most.

The elections in Egypt are being closely watched, as the nation is the most populous country in the Arab world and a major player in regional politics. Whatever becomes of the revolution here will have wider repercussions.

"It is easy to imagine a spiraling of unrest and violence if elections are perceived as illegitimate by a significant number of Egyptians or, worse, delayed altogether," Shadi Hamid, an analyst at the Qatar-based branch of the Brookings Institution, wrote recently.

"Since its revolution, Egypt has not had even one national body with real legitimacy. Legitimacy requires elections, which is why the upcoming polls are so critical for both Egyptians and everyone else who wishes to see Egypt move toward democracy and some modicum of stability," he said.

The country's military rulers recently appointed Kamal Ganzouri, who served under Mubarak, to his former role as prime minister. He was chosen after then-Prime Minister Essam Sharaf and his government quit en masse, extending months of upheaval and instability.

"I think we've had peaks and we've had downs. Right now, we're having another peak. Unfortunately, maybe it's not the peak we hope for at a time like this," said Mohamed Ghoneim, another activist.

But, he added: "I definitely think the wheel that has gone in motion ... will never turn back."

Read more »

President Obama's Weekly Address: On Thanksgiving (11-24-11), Grateful for the Men and Women Who Defend Our Country

Dinner with President Obama

Friends --

A few Thursdays ago, I had dinner with four Americans named Ken, Casey, Juanita, and Wendi -- the winners of the campaign's first Dinner with Barack contest.

I loved getting to know each of them.

We're taking names for the next dinner starting now, and this time I want to add a new feature: If you win, you can bring a guest.

Chip in $3 or more today to be automatically entered to win a spot for you and a guest at the next dinner. https://donate.barackobama.com/page/contribute/o2012-dinner-with-barack-nov-enter-guest-nd?source=20111122_bo_dems&utm_medium=email&utm_source=obama&utm_campaign=20111122_bo_dems

The folks who this election is all about tend to fall under the radar of the D.C. pundits and traditional news media.

They're people like Juanita, who helped put her three sons through college on a teacher's salary while saving what she could for retirement.

Like Ken, a single dad who stood by his mother as she fought insurance companies while battling two forms of cancer.

They're like Casey, whose three young kids may not yet appreciate what courage it took for their dad to take a chance and start his own business.

And Wendi, an artist and third-generation teacher who canvassed, marched, and phone banked in Indiana in 2008, the year her home state defied the traditional electoral map.

These people weren't just there for themselves -- they were representing you, this movement, and the folks I go to work for every day as president.

These dinners are important to me because I want to spend time whenever I can with the people who sent me here. They're proving wrong the conventional wisdom that says campaigns should cater to Washington lobbyists and powerful interests. And they're an important reminder that this movement -- and my presidency -- have never just been about me.

I'm proud that we're choosing to run the kind of campaign where a dinner like this isn't just possible, it's a regular thing. And next time, I don't just want to meet you -- I want to meet someone else in your life.

Donate $3 or more, and start thinking about who you'll invite to dinner:
http://my.democrats.org/Dinner


Thanks for being part of this,



Barack

CLYBURN STATEMENT ON JOINT SELECT COMMITTEE ON DEFICIT REDUCTION

WASHINGTON, DC—Assistant Democratic Leader James E. Clyburn today released the following statement on the Joint Select Committee on Deficit Reduction:

“I said at the beginning of this process that I favored a big, bold and balanced plan. And if, in the process, the distance between an opponent and me is five steps, I didn’t mind taking three of them. Unfortunately, the Republicans on the Joint Select Committee were not interested in a plan that had 3 to 2 or even 4 to 1 cuts to revenue. Offering $250 billion in potential but uncertain revenue raisers, contingent upon $800 billion in massive tax breaks for upper income Americans, is beyond the pale, and adds a half trillion dollars to the deficit.

“Despite the inability of the Joint Select Committee to agree on a deficit reduction plan, our work remains. As I said in my Op-Ed piece in Sunday’s Washington Post, Congress must address the fundamental inequities in our society because the widening wealth gap is immoral, unsustainable and un-American.

“Any deficit reduction plan must make smart cuts in unnecessary spending, raise revenue by making the tax code fairer, and create jobs for working men and women. I will continue to work with my colleagues, both Republicans and Democrats alike, to achieve those goals while protecting the most vulnerable among us.”

Walt Hazzard dead at 69

EL SEGUNDO – Walt Hazzard, a long-time member of the Los Angeles Lakers organization, passed away earlier today. Hazzard, 69, died of natural causes at Ronald Reagan UCLA Medical Center.

“Walt was a man of extremely high character, who served the Lakers for many years as a player, a scout and a consultant,” said Lakers Owner Dr. Jerry Buss. “Our sympathy, thoughts and prayers are with his family at this time, and we feel fortunate that he was part of the Lakers family for so many years.”

“First and foremost, our condolences go out to the Hazzard family,” said Lakers General Manager Mitch Kupchak. “Not only was Walt an outstanding player, but his knowledge of the game was extremely valuable to our front office as well over the past 17 years. In the years since his stroke, he has been an inspiration to many of us with his perseverance and his passion for the game.”

Hazzard was the Lakers’ 1st round draft choice in 1964 after leading the UCLA Bruins to a 30-0 record and the NCAA National Championship that spring. He played three seasons for the Lakers, before being selected by the expansion Seattle Supersonics prior to the 1967-68 season.

Hazzard re-joined the Lakers as a scout prior to the 1994-95 season. After suffering a stroke in 1996, he remained with the organization as a consultant for an additional 15 years.

The S.T.P. Strategy

• Story by Radio-Info.com: http://www.radio-info.com/about/guest-writers/kirk-tanter
• Article written by Kirk Tanter: http://www.radio-info.com/programming/newstalksports/the-st-p-strategy 

The News and Talk radio formats have proven to be highly successful formats with decades of evolution to its present form. Aside from National Public Radio and Voice of America being on the FM Public bandwidth between 88FM and 92FM, the commercial News and Talk formats have traditionally lived on the AM band. That’s all changed now.

The recent audience research change from paper to the digital Portable People Meter (PPM) by Arbitron has benefited the News and Talk formats with subsequent No. 1 rankings in major markets like Los Angeles, Chicago, Washington, D.C., San Francisco, and Philadelphia. Because of the recent ratings success, broadcast owners such as Inner City with WXBT (100.1) in Columbia, S.C. and my employer, Radio One with KROI (92.1) in Houston Texas, have made the switch from music to the News/Talk format on FM, and they are not the first.

Aside from ratings, there are two other benefits the News/Talk format provides:
1.The News/Talk format has more commercial inventory per hour than music stations

2.News/Talk’s higher rating translates into higher rate cards

While an adult 25-54 music format may not be a direct competitor of News/Talk radio, its audience attracts the same age group, with many adults already listening to News-Talk as a secondary format choice.

Entering in the competitive world of FM radio, the content-minded News/Talk programmers must not sit on its up-trending ratings. The News/Talk programmer must now seriously think of promotions and marketing, as FM radio wars have usurped millions of promotional dollars to maintain rankings in the fierce FM radio wars, especially in major markets. Face-to-face marketing, as well as advertising on various media and billboard outlets, have been costly. And with a new competitor in each market, it will continue to be, if not greater. In order for the News/Talk Managers to combat the established FM music stations, it is imperative to add an S.T.P. strategy to its promotional engine.

S.T.P. or “See the People,” is a sales formula that rests on the concept of seeing ten people to get one person to buy your product. Multiply it and that will add to your bottom line.

To date, the News/Talk format has not been in the same promotional arena as the highly promoted FM music formats. But now, they will need to be—including AM News/Talk.

News and Talk formats are now enjoying higher rate cards and may be tempted to use the additional money to buy TV ads, Busboards, or the like. This can be expensive and does not guarantee ratings or cume results. S.T.P. in person works in a News/Talk format both on-the-air as well as with grassroots outreach in the community, simultaneously. Remote broadcasts are tailor-made for News/Talk formats and should be taken advantage of, especially in the coming 2012 election year.

Broadcast remotes for the coming primaries; local and national political debates; organizations having conventions; Occupy Wall Street locales; on the scene big news stories; voter registration drives; and so on … can separate News/Talk formats from music stations. News/Talk talent can be viewed as caring members of the community, more-so than a DJ will ever be.

A News/Talk station can either camp out all day with the live broadcast or rally around one air shift. The pre-promotion is on-air for days or weeks to get folks out to a location, and on-air only listeners hear the highly promoted program live without “music” interruptions.

The principal organizers of the event and their high profile guests can provide uplifting and insightful information that radio listener s anticipate throughout the program; Talent is viewed in action with photo opportunities with adoring fans and named guests. And more times than not, the promoted S.T.P. remote broadcast results in a ratings bump.

An S.T.P. event is also something that a music station cannot often do because of their over-emphasis on the music format- especially in a PPM world. Without grassroots S.T.P. promotional broadcast competition from music stations, News/Talk stations can take advantage of becoming the brand in the market known to be out in the community, and thus add tremendously to both the database and its ratings success.

Penn State's former coach Jerry Sandusky states: 'I shouldn't have showered with those kids.'

• Story by MSNBC
• Written by Jessica Hopper
• Video by NBC's Rock Center
• Grand Jury Report link: http://s3.documentcloud.org/documents/264787/grand-jury-report.pdf 

Former Penn State assistant coach Jerry Sandusky admitted to showering and horsing around with young boys, but said he is not a pedophile, in an exclusive interview with Bob Costas broadcast Monday night on NBC's Rock Center.

"I say that I am innocent of those charges," Sandusky said in the phone interview.

When asked by Costas, "Are you a pedophile," Sandusky responded, "No."

Joe Paterno’s one-time defensive coordinator was charged earlier this month with 40 criminal counts accusing him of sexual abuse of minors. He is currently free on a $100,000 bond and has denied any wrongdoing. The allegations date back to 1994, according to the grand jury report filed November 5 in Pennsylvania state court http://s3.documentcloud.org/documents/264787/grand-jury-report.pdf .

The report detailed claims of alleged sexual encounters with as many as eight boys in Sandusky's home, hotels and Penn State locker rooms.

"I could say that I have done some of those things. I have horsed around with kids. I have showered after workouts. I have hugged them and I have touched their legs without intent of sexual contact," said Sandusky.

When asked by Costas to concede any wrongdoing, Sandusky said, "I shouldn't have showered with those kids."

Sandusky's attorney, Joseph Amendola, verified Sandusky's voice and asserted his client's innocence.

"I believe in Jerry's innocence. Quite honestly, Bob, that's why I'm involved in the case," Amendola said.

"We expect we're going to have a number of kids, now how many of those so called eight kids we're not sure, but we anticipate we're going to have at least several of those kids come forward and say this never happened. This is me, this is the allegation, it never occurred. In fact, one of the toughest allegations...what [Mike] McQueary said he saw, we have information that that child said that never happened," Amendola said.

McQueary is currently on paid administrative leave from his job as an assistant coach for Penn State's football team. In 2002, while a graduate assistant, he witnessed Sandusky allegedly engaged in a sexual act with a minor in the Penn State locker room's showers, according to the grand jury report. He told Paterno what he witnessed, according to the grand jury testimony.

Sandusky said McQueary's claims are false.

"We were showering and horsing around and he [the boy] actually turned all the showers on and was actually sliding across the floor and we were, as I recall, possibly like snapping a towel," Sandusky said. McQueary's allegations were never reported to the police.

Sandusky also addressed allegations that he apologized to the mother of one of the alleged victims and said "I wish I were dead" in 1998.

"I didn't say, to my recollection, that I wish I were dead. I was hopeful that we could reconcile things," Sandusky said.

The scandal has tarnished the reputation of the once-heralded football program, leading to the departure of coaching legend Paterno and three other university officials. It’s also left students and residents of State College, Penn., shocked. Sandusky said that right now isn't "the best days of my life."

"How would you think I would feel about a university that I attended, about people that I worked with, about people that I care so much about and how do you think I would feel about it? I feel horrible," Sandusky said.

When asked if he felt responsible for damaging Penn State's image, Sandusky said, "I don't think it's my fault. I've obviously played a part in this, but I don't think I should be accused as I have been."

The sight of 67-year-old Sandusky in handcuffs is hard to reconcile with his public image of a devoted father of six adopted kids who founded a charity to help at risk youth. That charity, The Second Mile, has also come under fire.

According to the grand jury report, all of the alleged sex abuse victims met Sandusky through their participation in The Second Mile. Sandusky founded the charity in 1977 as a group foster home for troubled boys. It spawned into a non-profit organization that has raised millions of dollars to help young boys and girls. Today, Chief Executive Officer Jack Raykovitz’s resignation was announced by the non-profit organization’s board of directors.

Sandusky gave up his day-to-day duties at The Second Mile in 2010. While Sandusky retired from Pennsylvania State University in 1999, he continued to have access to Penn State’s facilities.

"I don't know what I can say or what I could say that would make anybody feel any different now. I would just say that if somehow people could hang on until my attorney has a chance to fight for my innocence, that's about all I can ask right now. Obviously, it's a huge challenge," Sandusky said.

When asked if he had a sexual attraction to underage boys, Sandusky said, "I enjoy young people. I love to be around them, but no, I'm not sexually attracted to young boys."

Arbitron: servers to give way to PPM

Story by Inside Radio
Radio companies are looking for a measurement service that can help them monetize the increasing volume of content they’re making available online and on mobile devices. Arbitron is getting into the business, and as digital listening grows the company says PPM will have a larger role.

Penn State Scandal: Mother Of Victim Speaks About Sexual Abuse by Jerry Sandusky

Story by ABC

Read the Grand Jury Report - click link below: http://s3.documentcloud.org/documents/264787/grand-jury-report.pdf 

With coverage of the Penn State sexual abuse scandal being dominated by the fate of football coach Joe Paterno, perhaps not enough attention has been paid to either the alleged perpetrator of the heinous crimes outlined in the 23-page grand jury report http://s3.documentcloud.org/documents/264787/grand-jury-report.pdf, former Penn State defensive coordinator Jerry Sandusky, or to the young boys who the report indicates were his victims.

On Friday morning, ABC turned the attention back toward those who have been allegedly been terrorized by the longtime assistant coach at Penn State. The mother of one of the victims appeared on "Good Morning America" for an interview with George Stephanopoulos and addressed the abuse sufferd by her son. The victim's mother first suspected the abuse when her son began acting out. Her fears grew when he queried her about researching "sex weirdos" on the Internet.

I asked him who he was looking up and he wanted to see if Jerry was on there and I said, well, why would you look him up? And he said, I don't know. He's a weirdo. And I preceded to ask him if there was something he needed to tell me. And at that point, he didn't indicate anything. I called the school and expressed my concerns. I told them to pull my son down to the guidance office and talk to him. and they did. at that point, they called me and said it was very important that I get there immediately. at that point, i already had suspicions. I kind of knew what it was about.

According to the victim's mother, her son's response to questions about why he didn't speak up earlier was, "I didn't know what to do. I just didn't know what to do. And you just can't tell Jerry 'no.'"

The son of the woman who appeared on GMA is identified as "Victim 1" in the grand jury report. According to the report, Victim 1 was 11 or 12 years old when he met Sandusky through the accused's Second Mile charity in 2005 or 2006. Also according to the report, Victim 1 "came to Sandusky's attention during his second year in the program, when the boy attended The Second

Mile's camp on the Penn State University Park campus." The report states that Victim 1 was later forced to perform sex acts with Sandusky in a finished basement in the former coach's home.

Discussing her son's current feelings about Penn State, she revealed that he still supports the football team. As far as her feelings toward Sandusky, she did not mince words:

"I want justice. I want him to be locked up. There is no help for somebody that does this, not like this. He needs to be put away. He needs to be put away for a long time."

Wife of Herman Cain speaks out on Herman's Sexual Harassment Allegations

Italy’s Berlusconi resigns

Story by MSNBC

ROME — Italian Premier Silvio Berlusconi (photo above) resigned Saturday after parliament's lower chamber passed European-demanded reforms, ending a 17-year political era and setting in motion a transition aimed at bringing Italy back from the brink of economic crisis.

A chorus of Handel's "Alleluia," performed by a few dozen singers and classical musicians, rang out in front of the president's palace as thousands of Italians poured into downtown Rome to rejoice at the end of Berlusconi's scandal-marred reign.

Hecklers shouted "Buffon, Buffon!" — buffoon in Italian — as Berlusconi's motorcade pulled out of his residence and into the presidential palace across town, where he tendered his resignation amid weeks of market turmoil.

Former European commissioner Mario Monti remained the top choice to try to steer the country out of its debt woes as head of a transitional government. Napolitano is expected to meet Sunday with Italy's political forces before deciding how to proceed.

Earlier, the Italian parliament gave final approval to a package of economic reforms in a vote that cleared the way for Burlusconi's resignation and the formation of an emergency government.

Berlusconi, who failed to secure a majority in a crucial vote on Tuesday, promised to resign once parliament passed the law, demanded by European partners to restore market confidence in Italy's strained public finances.

The package cleared the Senate on Friday and the lower house on Saturday, marking the final act of the Berlusconi government.

MSNBC Reportedly Won’t Let Pat Buchanan Promote His Latest Book

Story by Talkers
 
MSNBC personality Pat Buchanan has been appearing on other cable news/talk channels – CNN, Fox News Channel, Fox Business Network – but he won’t be allowed to plug his latest book on the network for which he works. According to TVNewser, an MSNBC executive says the network has made a conscious decision not to allow Buchanan to plug Suicide of a Superpower (Thomas Dunne Books 2011) because some consider the book’s message to be bigoted. The theme of the book is described on Amazon.com this way: “America was born a Western Christian republic but is being transformed into a multiracial, multicultural, multilingual, multiethnic stew of a nation that has no successful precedent in the history of the world.” The groups CREDO Action and ColorofChange.org are pushing for MSNBC to fire Buchanan for his views and “long history of bigoted rhetoric.”

President Obama to Appear on Westwood One Sports’ College Hoops Broadcast.

Story by Talkers

Sportscaster Jim Gray will interview President Obama during halftime of this evening’s college basketball game – the Quicken Loans Carrie Classic – being played on the deck of the USS Carl Vinson aircraft carrier stationed in San Diego. Tonight’s Veterans Day game tips off Dial Global/Westwood One’s coverage of the 2011-2012 college basketball season.

Heavy D's Videos

"Is it Good to You"


"The Overweight Lovers' in the House"


"Somebody for Me"


"We Got Our Own Thing"


"Black Coffee"


"Alright" by Janet Jackson featuring Heavy D


"Girls They Love Me"


Heavy D interview


Heavy D found "Alive" according to LT. Rose in above report

Rapper Heavy D dies at 44

story by MSN and Kirk Tanter
photo by AP

Heavy D, the former leader of the hip-hop group Heavy D & the Boyz, has died at the age of 44.

According to TMZ, a 911 call was placed from Heavy D's Beverly Hills home around 11:25 a.m. Tuesday to report an unconscious male on the walkway. The rapper was rushed to a hospital and was pronounced dead at 1 p.m. PT/4pm eastern.

Police are investigating his death, but there are no signs of foul play.

In speaking with my long-time friend and Hip Hop/R and B radio producer Ken "K.R." Smith last night -- who recorded promos, interviews, and often hung out with Heavy D in studio during K.R.'s days at former Los Angeles Hip Hop/RB station V100 and Lee Bailey's Nationally Syndicated program "Radioscope" -- weeks ago Heavy D contracted pneumonia. Due to the new-found health issue, Heavy D had to cut short his oversees tour and returned to LA. Ken spoke fondly of Heavy D: "I remember while producing for the old V100 radio station a few years back, Heavy D came by while I was putting together an old school Hip Hop radio special. I needed more of his music to include in the old school special. Heavy D literally made a special run just for me, and placed all of his greatest hits on a seperate blank Compact Disc. He also signed the CD for me as well. I thought that was very cool of him to go out of his way for my project." 

Heavy D was born Dwight Errington Myers in Jamaica in 1967. He later moved to the Bronx and became friends with Glen Parrish (G-Wiz), Eddie F (Eddie Ferrell) and Troy Dixon (Trouble T-Roy), and they formed the rap group Heavy D and the the Boyz.

In 1986, the group became the first artists signed to the Uptown Records, which went on to become one of the most influential hip-hop and R and B labels of the late 1980s and early 1990s.

"Living Large," Heavy D and the Boyz's debut album, was released in 1987. The group's 1989 release "Big Tyme" served as their commercial breakthrough with tracks like "We Got Our Own Thang" and "Somebody For Me."

Heavy D is known for hit songs like "Black Coffee", "The Overweight Lover's in the House", "Is it Good to You", "Nuttin But Love", "Now That We Found Love", "Mr. Big Stuff", "Somebody for Me", and even added his MC magic to the revised version one of Janet Jackson's biggest hits "Alright". The "extended version" of "Alright" first gave notice to rap on "Hit" and "R and B" radio stations, which refused to play any rap at all in the early to mid 1980's. Heavy D's prolonged 'verses' and the huge success on the Janet Jackson 12-inch extended version (not just on the hook as in other R and B songs) and the "Alright" signature video broke ground for other Rap artists to get mass appeal radio airplay thoughout the world.

Heavy D also recorded theme songs for the television series "In Living Color" and "MADtv." In recent years, Heavy D recorded a series of reggae fusion albums. He also acted in many TV series's and movies, to include the recent Eddie Murphy movie "Tower Heist".

On Oct. 1, Heavy D performed his classics "Nuttin' But Love," "Is It Good to You," and "I Want Somebody" at the 2011 BET's Hip-Hop Awards. And he performed at the Michael Jackson Tribute Concert in Wales on Oct. 8.

Ali, Foreman react to the death of Joe Frazier. Frazier died of liver cancer last night.

The "Fight of the Century" in 1971, Joe Frazier knocks Muhammed Ali down with a left hook

Joe Frazier's family issued a brief statement about his death.

"We The Family of Smokin' Joe Frazier, regret to inform you of his passing. He transitioned from this life as 'One of God's Men,' on the eve of November 7, 2011 at his home in Philadelphia, Pennsylvania."

Muhammad Ali:

“The world has lost a great Champion. I will always remember Joe with respect and admiration. My sympathy goes out to his family and loved ones.”

George Foreman:

“Good night Joe Frazier. I love you dear friend.”

Floyd Mayweather:

"My condolences go out to the family of the late great Joe Frazier, TheMoneyTeam (Mayweather's company) will pay for his funeral services."

Mike Tyson:

"The era of Frazier and Ali represented an age of competitive fighting at the highest level. Each man would not give an inch until they were dead. It has always been an honor to be compared to Joe Frazier."

Joe Frazier in 2009 CNN interview on running a well-known boxing gym in Philadelphia:

"I don't mind working with the kids. The kids is tomorrow. And if we don't do what we're supposed to do for them now, how are you going to expect them to carry on?"

Jury reached a guilty verdict on Dr. Conrad Murray

Story below by Hollywood Reporter
Photo above by Getty Images

The verdict was read on Monday, Nov. 7 in front of Jackson’s family, although his three young children were not present.

Jackson died on June 25, 2009 of acute propofol intoxication after suffering cardiac arrest in his home. Murray, Jackson’s personal physician, has been charged with administering the fatal dose.

Murray’s defense team claimed that Jackson had self-administered the propofol, and that the doctor neglected to call 911 immediately because he was attempting to aid the lifeless Jackson. As mentioned several times throughout the trial, Jackson died before he was even able to close his eyes.

The trial broadcast, which began on Sept. 27, caused controversy after multiple photos of Jackson’s corpse surfaced on television and on the web. Among the most controversial images was a disturbing photo of Jackson’s autopsy.

Several networks cut into programming to air the verdict, including CNN and ABC.

Following the reading of the verdict, Murray was remanded to custody without bail. He will be sentenced on Nov. 29 at 8:30 a.m. PT and could face up to four years in prison and lose his medical license.

Victims speak out about North Carolina sterilization program, which targeted women, young girls and blacks

Story by MSNBC Rock Center
Written by Michelle Kessel and Jessica Hopper

Elaine Riddick was 13 years old when she got pregnant after being raped by a neighbor in Winfall, N.C., in 1967. The state ordered that immediately after giving birth, she should be sterilized. Doctors cut and tied off her fallopian tubes.

“I have to carry these scars with me. I have to live with this for the rest of my life,” she said.

Riddick was never told what was happening. “Got to the hospital and they put me in a room and that’s all I remember, that’s all I remember,” she said. “When I woke up, I woke up with bandages on my stomach.”

Riddick’s records reveal that a five-person state eugenics board in Raleigh had approved a recommendation that she be sterilized. The records label Riddick as “feebleminded” and “promiscuous.” They said her schoolwork was poor and that she “does not get along well with others.”

“I was raped by a perpetrator [who was never charged] and then I was raped by the state of North Carolina. They took something from me both times,” she said. “The state of North Carolina, they took something so dearly from me, something that was God given.”

It wouldn’t be until Riddick was 19, married and wanting more children, that she’d learn she was incapable of having any more babies. A doctor in New York where she was living at the time told her that she’d been sterilized.

“Butchered. The doctor used that word… I didn’t understand what she meant when she said I had been butchered,” Riddick said.

North Carolina was one of 31 states to have a government run eugenics program. By the 1960s, tens of thousands of Americans were sterilized as a result of these programs.
Eugenics was a scientific theory that grew in popularity during the 1920s. Eugenicists believed that poverty, promiscuity and alcoholism were traits that were inherited. To eliminate those society ills and improve society’s gene pool, proponents of the theory argued that those that exhibited the traits should be sterilized. Some of America’s wealthiest businessmen of the time were eugenicists including Dr. Clarence Gamble, heir to the Procter and Gamble fortune, and James Hanes of the hosiery fortune. Hanes helped found the Human Betterment League which promoted the cause of eugenicists.

It began as a way to control welfare spending on poor white women and men, but over time, North Carolina shifted focus, targeting more women and more blacks than whites. A third of the sterilizations performed in North Carolina were done on girls under the age of 18. Some were as young as nine years old.

For the past eight years, North Carolina lawmakers have been working to find a way to compensate those involuntarily sterilized in the state between 1929 and 1974. During that time period, 7,600 people were sterilized in North Carolina. Of those who were sterilized, 85 percent of the victims were female and 40 percent were non-white.

“You can’t rewind a watch or rewrite history. You just have to go forward and that’s what we’re trying to do in North Carolina,” said Governor Beverly Perdue in an exclusive interview with NBC News.

While North Carolina’s eugenics board was disbanded in 1977, the law allowing involuntary sterilization wasn’t officially repealed until 2003. In 2002, the state issued an apology to those who had been sterilized, but the victims have yet to receive any financial compensation, medical care or counseling from the state. Since 2003, three task forces have been created to determine a way to compensate the victims. Officials estimate that as many as 2,000 victims are still alive.

Riddick was one of several victims to speak at a public hearing this summer. It was the first time that many survivors had told their stories publicly and that others heard of North Carolina’s tarnished past.

“To think about folks who went in…and their doctor told them this was birth control and they were sterilized…the folks who didn’t have the capacity to make the decisions, the uninformed consent,” said Perdue. “Those types of stories aren’t good for America and I can’t allow for this period in history to be forgotten, that’s why this work is important.”

Only 48 victims have been matched with their records, something necessary for them to eventually be compensated. State Representative Larry Womble has been advocating for the survivors of the state’s sterilization program for nearly 10 years. He helped fight for the repeal of the state’s law.

Womble said that if the government is “powerful enough to perpetrate this on this society, they ought to be responsible, step up to the plate and compensate.”

In August, a task force created by Gov. Perdue recommended that the victims be compensated, but they were unsure how much to award the victims. Previous numbers pondered range between $20,000 and $50,000. The task force also recommended mental health services for living victims and a traveling museum exhibit about North Carolina’s eugenics program.

Perdue said it’s a challenge to determine how much money each victim should be given.

“From my perspective, and as a woman, and as the governor of this state, this is not about the money. There isn’t enough money in the world to pay these people for what has been done to them, but money is part of the equation,” she said.

Riddick once sued North Carolina for a million dollars. Her case made it all the way to the Supreme Court of the United States, but the court declined to hear the case. “I would like for the state of North Carolina to right what they wronged with me,” she said.

Some victims and their advocates have questioned whether North Carolina is procrastinating in compensating them, hoping they’ll die before a solution is reached. “It’s an ugly chapter in North Carolina’s book, we have a wonderful book, but there’s an ugly chapter,” Womble said. “We must step up to the plate and we must realize and take responsibility.”

Perdue, for her part, said that she is committed to helping the victims.

“I want this solved on my watch. I want there to be completion. I want the whole discussion to end and there be action for these folks. There is nobody in North Carolina who is waiting for anybody to die,” Gov. Perdue said.

Despite the state social workers who declared Riddick was “mentally retarded” and “promiscuous”, she went to college and raised the son born moments before she was sterilized. Her son is devoted to his mother and a successful entrepreneur.

Elaine is proud of her achievements.

“I don’t know where I would be if I listened to the state of North Carolina,” she said.

Editor's note: Dr. Nancy Snyderman's full broadcast report, 'State of Shame', airs Monday, November 7, at 10pm/9c on Rock Center.

Mecca's Grand Mosque - Hajj Pilgrimage 2011

Tens of thousands of pilgrims perform the evening prayer at Mecca's Grand Mosque on Wednesday
(photo above/video below by CNN)

CNN Retools Morning Programming; New Anchors and Producer Aboard.

Story by Talkers Magazine

CNN is announcing its plans for the morning shows on the cable news/talk channel. Shannon High is leaving her position with NBC’s Peacock Productions to become producer of CNN’s new morning shows and Soledad O’Brien returns to mornings anchoring the 7:00 am to 9:00 am program. That’s preceded by the new 5:00 am to 7:00 am program co-anchored by Ashleigh Banfield and Zoraida Sambolin – the latter coming to national cable from WMAQ-TV, Chicago. The new morning programming is expected to debut early in 2012.

Obama Names Two FCC Nominees

Story by Radio World

President Obama has named the people he plans to nominate as incoming commissioners on the Federal Communications Commission.

They are Ajit Varadaraj Pai and Jessica Rosenworcel, succeeding Meredith Attwell Baker and Michael Copps, respectively. Their confirmation would return the panel to its full count of five members.

Both have worked at the FCC before.

Republican Ajit Varadaraj Pai is a partner in the litigation department of Jenner & Block. Prior to that he worked in the Office of the General Counsel at the FCC, where he was deputy general counsel, associate general counsel and special advisor to the general counsel.

Previously, he served as chief counsel to the U.S. Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Property Rights and as senior counsel at the Office of Legal Policy at the Justice Department. Pai also served as deputy chief counsel to the U.S. Senate Judiciary Committee’s Subcommittee on Administrative Oversight and the Courts, and as associate general counsel at Verizon Communications.

Democrat Jessica Rosenworcel is the senior communications counsel for the United States Senate Committee on Commerce, Science and Transportation, working for Sen. Jay Rockefeller IV since 2009, and previously for Sen. Daniel Inouye.

Before that she worked at the FCC from 1999 to 2007, as legal advisor and then senior legal advisor to Copps, legal counsel to the bureau chief of the Wireline Competition Bureau and attorney-advisor in the Policy Division of the Common Carrier Bureau. Earlier she was a communications associate at Drinker Biddle and Reath.

Clear Channel Radio appoints 24 brand managers.

Story by Inside Radio

The company has named a Brand Manager and Brand Coordinator for each format, reporting to President of National Programming Platforms Tom Poleman. The team will help manage the company’s Premium Choice Network, be available to consult stations and assist SVPs of programming and gather and share format-specific content, information and resources throughout the field.

Herbert Cain gets angry with reporter

A Letter from Michael Moore - October 27th, 2011

Written by Michael Moore

Friends,

Twenty-two years ago this coming Tuesday, I stood with a group of factory workers, students and the unemployed in the middle of the downtown of my birthplace, Flint, Michigan, to announce that the Hollywood studio, Warner Bros., had purchased the world rights to distribute my first movie, 'Roger & Me.' A reporter asked me, "How much did you sell it for?"

"Three million dollars!" I proudly exclaimed. A cheer went up from the union guys surrounding me. It was absolutely unheard of for one of us in the working class of Flint (or anywhere) to receive such a sum of money unless one of us had either robbed a bank or, by luck, won the Michigan lottery.

On that sunny November day in 1989, it was like I had won the lottery -- and the people I had lived and struggled with in Michigan were thrilled with my success. It was like, one of us had made it, one of us finally had good fortune smile upon us. The day was filled with high-fives and "Way-ta-go Mike!"s.

When you are from the working class you root for each other, and when one of you does well, the others are beaming with pride -- not just for that one person's success, but for the fact that the team had somehow won, beating the system that was brutal and unforgiving and which ran a game that was rigged against us.

We knew the rules, and those rules said that we factory town rats do not get to make movies or be on TV talk shows or have our voice heard on any national stage. We were to shut up, keep our heads down, and get back to work. If by some miracle one of us escaped and commandeered a mass audience and some loot to boot -- well, holy mother of God, watch out! A bully pulpit and enough cash to raise a ruckus -- that was an incendiary combination, and it only spelled trouble for those at the top.

Until that point I had been barely getting by on unemployment, collecting $98 a week. Welfare. The dole. My car had died back in April so I had gone seven months with no vehicle. Friends would take me out to dinner, always coming up with an excuse to celebrate or commemorate something and then picking up the check so I would not have to feel the shame of not being able to afford it.

And now, all of a sudden, I had three million bucks! What would I do with it? There were men in suits making many suggestions to me, and I could see how those without a strong moral sense of social responsibility could be easily lead down the "ME" path and quickly forget about the "WE."

So I made some easy decisions back in 1989:

1. I would first pay all my taxes. I told the guy who did my 1040 not to declare any deductions other than the mortgage and to pay the full federal, state and city tax rate. I proudly contributed nearly 1 million dollars for the privilege of being a citizen of this great country.

2. Of the remaining $2 million, I decided to divide it up the way I once heard the folksinger/activist Harry Chapin tell me how he lived: "One for me, one for the other guy." So I took half the money -- $1 million -- and established a foundation to give it all away.

3. The remaining million went like this: I paid off all my debts, paid off the debts of some friends and family members, bought my parents a new refrigerator, set up college funds for our nieces and nephews, helped rebuild a black church that had been burned down in Flint, gave out a thousand turkeys at Thanksgiving, bought filmmaking equipment to send to the Vietnamese (my own personal reparations for a country we had ravaged), annually bought 10,000 toys to give to Toys for Tots at Christmas, got myself a new American-made Honda, and took out a mortgage on an apartment above a Baby Gap in New York City.

4. What remained went into a simple, low-interest savings account. I made the decision that I would never buy a share of stock (I didn't understand the casino known as the New York Stock Exchange and I did not believe in investing in a system I did not agree with).

5. Finally, I believed the concept of making money off your money had created a greedy, lazy class who didn't produce any product, just misery and fear among the populace. They invented ways to buy out companies and then shut them down. They dreamed up schemes to play with people's pension funds as if it were their own money. They demanded companies keep posting record profits (which was accomplished by firing thousands and eliminating health benefits for those who remained). I made the decision that if I was going to earn a living, it would be done from my own sweat and ideas and creativity. I would produce something tangible, something others could own or be entertained by or learn from. My work would create employment for others, good employment with middle class wages and full health benefits.


I went on to make more movies, produce TV series and write books. I never started a project with the thought, "I wonder how much money I can make at this?" And by never letting money be the motivating force for anything, I simply did exactly what I wanted to do. That attitude kept the work honest and unflinching -- and that, in turn I believe, resulted in millions of people buying tickets to these films, tuning in to my TV shows, and buying my books.

Which is exactly what has driven the Right crazy when it comes to me. How did someone from the left get such a wide mainstream audience?! This just isn't supposed to happen (Noam Chomsky, sadly, will not be booked on The View today, and Howard Zinn, shockingly, didn't make the New York Times bestseller list until after he died). That's how the media machine is rigged -- you are not supposed to hear from those who would completely change the system to something much better. Only wimpy liberals who urge caution and compromise and mild reforms get to have their say on the op-ed pages or Sunday morning chat shows.

Somehow, I found a crack through the wall and made it through. I feel very blessed that I have this life -- and I take none of it for granted. I believe in the lessons I was taught back in Catholic school -- that if you end up doing well, you have an even greater responsibility to those who don't fare the same. "The last shall be first and the first shall be last." Kinda commie, I know, but the idea was that the human family was supposed to divide up the earth's riches in a fair manner so that all of God's children would have a life with less suffering.

I do very well -- and for a documentary filmmaker, I do extremely well. That, too, drives conservatives bonkers. "You're rich because of capitalism!" they scream at me. Um, no. Didn't you take Econ 101? Capitalism is a system, a pyramid scheme of sorts, that exploits the vast majority so that the few at the top can enrich themselves more. I make my money the old school, honest way by making things. Some years I earn a boatload of cash. Other years, like last year, I don't have a job (no movie, no book) and so I make a lot less. "How can you claim to be for the poor when you are the opposite of poor?!" It's like asking: "You've never had sex with another man -- how can you be for gay marriage?!" I guess the same way that an all-male Congress voted to give women the vote, or scores of white people marched with Martin Luther Ling, Jr. (I can hear these righties yelling back through history: "Hey! You're not black! You're not being lynched! Why are you with the blacks?!"). It is precisely this disconnect that prevents Republicans from understanding why anyone would give of their time or money to help out those less fortunate. It is simply something their brain cannot process. "Kanye West makes millions! What's he doing at Occupy Wall Street?!" Exactly -- he's down there demanding that his taxes be raised. That, to a right-winger, is the definition of insanity. To everyone else, we are grateful that people like him stand up, even if and especially because it is against his own personal financial interest. It is specifically what that Bible those conservatives wave around demands of those who are well off.

Back on that November day in 1989 when I sold my first film, a good friend of mine said this to me: "They have made a huge mistake giving someone like you a big check. This will make you a very dangerous man. And it proves that old saying right: 'The capitalist will sell you the rope to hang himself with if he thinks he can make a buck off it.'"

Yours,


Michael Moore
MMFlint@MichaelMoore.com
@MMFlint
MichaelMoore.com

P.S. I will go to Oakland tomorrow afternoon to stand with Occupy Oakland against the out-of-control police.

Sirius XM Reaches Proposed Settlement in Class Action Suit – A Deeper Look

Story by Sirius Buzz
Written by Spencer Osborne

In a move that was widely anticipated, Sirius XM Satellite Radio (NASDAQ:SIRI) has settled a class action lawsuit brought against it. Class action suits that reach a trial date without dismissal are often settled. The settlement, like many sees the attorneys getting the most benefit, but there are some aspects of the settlement that can benefit subscribers to Sirius XM.

The first item to note is exactly what the class is, and to understand that it is the class, and not new subscribers that can benefit from this settlement. If the FCC decision comes regarding the price freeze, The company can raise rates at any given time for new subscriptions. The settlement requires the company to not increase prices until December 31, 2011 for members of the class. Interestingly, it may be possible for that date to change at some point, knowing that currently the company can not raise base rates anyway. Recently one of the FCC commissioners resigned, and that event could put a hold on a lot of what is happening at the FCC regarding decisions. If a price increase could not happen anyway, the judge and/or attorneys may seek an extension of sorts.

The thought of a price increase had the street excited about Sirius XM. This proposed settlement could hamper the happy thoughts of the street in that it mentions the current pricing existing until at least the end of the year. Remember, when it comes to a stock, the facts do not always rule the day. It is perception that oft dictates what happens with an equity. The proposed value of the settlement is $180 million. This will not be paid in cash, but rather in price freezes, etc. to the class.

Another interesting aspect of the proposed settlement is the offer for 4 million who no longer subscribe to re-subscribe without an activation fee. I can already see passionate Sirius XM investors chomping at the bit and having visions of massive subscriber numbers coming into the folds. Think again. First, these people churned out for a reason. They did not like the current price. There is nothing new in pricing for these people, and a $15 credit of an activation fee is not going to get these people motivated. Remember, most in the class will NEVER BE AWARE OF THE SETTLEMENT! My advice is not to get ahead of yourself here. These 4 million will have NO IMPACT on subscriber metrics. Stern renewing had minimal impact, Dr. Laura had minimal impact, and Certified pre-owned cars to date have had minimal impact. A class action suit that no one is aware of will not have an impact either.

The bottom line is that this case will cost Sirius XM $13 million in attorney fees, freeze prices on existing subscribers (members of the class) until the end of the year, and push of any real benefit from a price increase until at least 2012. The bigger news here is that with Meredith Baker Attwell resigning from the FCC, a decision regarding the price freeze could be delayed substantially.

I would anticipate that this settlement will not be viewed as positive, and thus the stock price may suffer. In the conference call Mel spoke of a price increase later this year. That is now off of the table for the members of the class (most of the self-paying subscriber base). Time will tell.