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Report: Talk-show host weighs deal in porn case

Dec 7, 2007 8:29 PM (266 days ago) by Tamara Barak Aparton, The Examiner
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Related Topics: SAN FRANCISCO

SAN FRANCISCO (Map, News) - Radio talk show host Bernie Ward is considering pleading no contest to child pornography charges as part of a plea deal offered by federal prosecutors, one of his attorneys confirmed.

Jeannette Boudreau, Ward’s business attorney and longtime friend, acknowledged that a five-year sentence has been one of the options discussed but said she wasn’t sure anything had been finalized.

The KGO host and former priest faces a maximum sentence of 60 years in prison and a $250,000 fine, according to the U.S. Department of Justice.

Boudreau, who said she believes Ward is innocent, said that if he took the plea agreement, it would be because going to trial would likely bankrupt him.

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“I’m not sure he agreed to it, but the power the federal prosecutors have if it goes to trial, it would be extremely expensive for Bernie [to fight the charges],” Boudreau said.

Department of Justice spokesman Erik Ablin would not comment on the reported deal and Ward’s criminal lawyer, Doron Weinberg, did not return calls for comment.

On Wednesday, Ward pleaded not guilty to two counts of distribution of child pornography and one count of receipt of child pornography.

The federal grand jury indictment, which was unsealed Friday, alleges the crimes took place between Jan. 1 and Jan. 13, 2005. Ward claims he downloaded the images on the Internet while researching a book he was planning on hypocrisy in America.

Reports of a plea deal opened speculation that Ward may have been negotiating with federal prosecutors long before Wednesday, when the indictment was handed down.

Steven Clark, a San Jose defense attorney and legal analyst, said it’s not unusual for plea deals to be cemented before charges are filed.

“Negotiations can take place at any stage,” he said. “Sometimes precharging negotiations are done.”

Even if a jury believed Ward’s defense — that he was conducting research — it would not necessarily absolve him of the charges.

“It may be a mitigating factor, but it’s not a defense, because you can’t obtain it legally for any purposes,” Clark said.

Boudreau said Ward’s intense focus on his project might have blinded him to the legal implications.

“Bernie is just so intense,” she said. “If you listen to him on the air, he has to win the argument; he sort of pummels his opponent.”

“It makes sense that in his research, he would become narrowly focused, dive in and forget what he was doing and where he was and lose the broader perspective,” she said.

tbarak@examiner.com

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Comments from Examiner Readers

6:30 PM MST on Wed., Jul. 30, 2008 re: "Former radio host pleads guilty to child-porn charge"

lewis1946 said:
THis is sour grapes. Anyone and I mean anyone could go to jail. Want dirty photo's? All you need to do is use google, or for that matter any search engine and put in words like nude boys nude girls nude kids nude babies and so on. Look at them, but don't save them to your computer or go to prison.

0 agree | 1 disagree
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7:41 PM MST on Thu., Jul. 24, 2008 re: "Former radio host pleads guilty to child-porn charge"

Joe said:
An ex priest should tell you something the Mouth of the left coast KGO he is a pedophile,pedophile

1 agree | 1 disagree
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12:01 PM MST on Mon., Jun. 16, 2008 re: "Former radio host pleads guilty to child-porn charge"

Examiner Reader said:
Bernie Ward is now a convicted pedophile and a predator. May you rot in prison and NEVER be on the air again Bernie. Radical Bay Area liberalism continues to show its true colors.

2 agree | 2 disagree
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11:00 AM MST on Wed., May. 14, 2008 re: "Former radio host pleads guilty to child-porn charge"

Examiner Reader said:
Bernie: Maybe the guys in prison will enjoy your little Godtalk chats. Possesion of child porn is a violent crime because children must be raped in order to supply the market (Bernie) w/ their desired product (the porn). Guess that's too complicated for public school goers. Remove the market & remove the rape justification. Anyone verbalizing or putting to print a desire to legalize the possession of child porn should do hard painful prison (not jail) time.

5 agree | 2 disagree
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10:35 AM MST on Wed., May. 14, 2008 re: "Former radio host pleads guilty to child-porn charge"

Examiner Reader said:
He used to put down born again Christians all the time. I prayed that God would get him off the air and look what happened. God did way more than I thought He would. But that happens a lot.

1 agree | 3 disagree
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10:10 AM MST on Fri., May. 9, 2008 re: "Police report points to woman who turned in Ward"

Examiner Reader said:
Berni Ward has hurt no one at all, except himself. He needs help not jail, for temptation of the forbidden he is guilty.I am not a Berni Ward fan or listener,also not of the same faith.My proublem with all of this is that I feel he would not have ever hurt anyone, especially a child. I would like to see him get help, prison wont do that.

5 agree | 8 disagree
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9:26 AM MST on Thu., May. 8, 2008 re: "Police report points to woman who turned in Ward"

Examiner Reader Looking for Objective News said:
News/newspaper is derived from "new." Why do you need to always ensure in this NEWspaper that Mr. Ward's name is immediately linked with his past profession of being a "former catholic priest?" What subjective image are you trying to conjure up/reinforce for readers? He is not being tried for being a "former catholic priest." He is also innocent until proved guilty.

9 agree | 4 disagree
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3:40 PM MST on Wed., Feb. 27, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
Ward should serve time in jail

51 agree | 53 disagree
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8:31 PM MST on Mon., Feb. 18, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
I supported the notion that he may have done something foolish by accident- Now that I have read the transcripts, I say, let him have his day in court then make him pay the price. He let a lot of people down. Shame on you Bernie!

62 agree | 52 disagree
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2:19 PM MST on Fri., Feb. 15, 2008 re: "Police report points to woman who turned in Ward"

Examiner Reader said:
Som of those old comments defending Ward sure are embarassing in light of new information.

85 agree | 70 disagree
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6:26 PM MST on Sat., Feb. 2, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
I feel that Bernie Ward is guilty - of poor judgment. I do not think that he is a child porn I do not think Bernie is guilty of more than VERY poor judgment. Give him a second chance, put him back on the air....he has a family who are suffering also. Don't make them suffer more.

71 agree | 65 disagree
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1:47 PM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
He's a former Catholic choir boy/priest. The Archdiocese of N. Calif.(and Boston) is notorious and has paid out tens of millions of dollars for covering up the abuse of young boys for half a century . He's a radical pro "alternative" life stylist. .........Can you say chicken hawk?

73 agree | 74 disagree
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1:15 PM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
Amazing stuff. I dont like Ward's attitudes, however, cant someone accidentally enter an unknown website and possibly without knowledge literally stumble across some bad stuff on the internet?

74 agree | 76 disagree
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11:59 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
Ward should serve time in jail of at least 5 years. This is what San Francisco is all about....sexual perversion and left wing politics and Ward is a symptom of the energy in the SF area.

86 agree | 81 disagree
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11:34 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
just another priest trying to explain away his liking little boys and girls. He knew what he was doing when he looked at and exchanged these pictures. Just another scumbag trying to explain away his sickness

79 agree | 77 disagree
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11:14 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

w. harris said:
An x catholic priest researching a book on child pornography while distributing it to others. Yeah sure. I've listened to his show "God Talk" (what a blasphemy) a few times by accident and he's a flaming liberal who hates everything American. Except its children.

70 agree | 76 disagree
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11:06 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
Someone asked what Child porn would have to do with a book on hypocripsy? Easy, we parade little girls around in kiddie beauty pagents looking like 30-year old hookers, and say it's acceptable, but what he may have been looking at is not! I'm not saying he was right, but just maybe a connection.

82 agree | 61 disagree
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10:31 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

John said:
I think we could judge his intent by reading the book he was "researching." What was the title, when was it published? Can I buy a copy on Amazon? Hmmm...I thought so.

75 agree | 79 disagree
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9:56 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
So the lawyer plans to challenge on the basis that the First Amendment protects "journalists" who possess child porn, as long as they say they are using it for "journalism?" OK, so if he had murdered someone in order to "investigate" the police arrest process, would that behavior also be protected? I do hope this "lawyer" is charging Bernie , not the taxpayer, for this brilliant strategy. Or has this "icon" decided that he needs a public defender, so the rest of us pick up the tab?

100 agree | 74 disagree
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9:48 AM MST on Sat., Jan. 26, 2008 re: "Report: Talk-show host weighs deal in porn case"

Examiner Reader said:
He broke the laws and should have known better. His attorney is attacking the only thing that he/she can find. Th U> S> Attys are no dummies. Im sure that you will have a lot of time to read the laws later.

92 agree | 82 disagree
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9:13 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
Sounds like a smart excuse for a deplorable action. I hope he can explain how kiddie porn and hypocrisy are connected? Enjoy-Paul R. Bear

99 agree | 65 disagree
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9:09 AM MST on Sat., Jan. 26, 2008 re: "Report: Talk-show host weighs deal in porn case"

Examiner Reader said:
What kind of research was he doing? There's tons of information on this subject, certainly enough to write a book without having to look at photos. Personally I couldn't stand to look at photos of child abuse of any kind or abuse of the elderly or animals but I could write books on all these issues. Frankly there's no excuse for Bernie. He should know better. He sets himself up as someone who knows so much and is so self-righteous. He really blew it this time!

78 agree | 67 disagree
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7:47 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

JohnFromChicago said:
I once received what I thought was CP in a spam email. I contacted the FBI, told them about it, said I would delete it, and would furnish them with whatever sender info they needed. I offered to send them the pictures as evidence. They told me I would be arrested for possession and distribution if I sent them the photos. They were completely unreasonable and counter productive. I wound up providing them with no information and will not contact the FBI about anything ever again. That's great policy at work there. The whole CJ system from the cops to the courts to the prisons is so screwed up beyond belief that it serves the opposite of what it intends. They arrest large numbers of non-violent people and dump violent criminals back out on the street. From the SEC to local cops, everything these people do turns to crap and we are obligated to pay for it, or we'll be next. I'm voting for Ron Paul. We need to take a stand for being a free society.

89 agree | 65 disagree
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3:13 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Nino Baldino said:
Well,lets see,you worded the 'images'in such a way as to hint maybe they are just little kids rubbing noses or maybe an adult hugging one...no mention of rape,sodomy etc..how cute..also no mention of the two words..child abuse....or the old term..exploitation...this is a totally evil crime for which no mercy for those using,profiting,filming,viewing and distributing ..given...kinda like little Elian being kidnapped by the Ah feel fo ya prez.Clinton,sending this kid back to a hell hole...all the best..Nino

85 agree | 73 disagree
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2:19 AM MST on Sat., Jan. 26, 2008 re: "Indicted talk show host plans to challenge porn laws"

Inarguable truth said:
Isn't possession of child pornography a crime? There are four individual conscious actions at work here. Seeking the material, find it, downloading it, and possessing it. You cannot view it unless you engage in those four behaviors. That said, this is merely the court of public opinion, the full facts and evidence in this case is in the hands of the prosecutors and defense attorneys. Although everyone has a First Amendment right to speak to their opinions, if we are going to debate, lets debate the facts. Attempting to transform this into a partisan argument or dispensing ad hominem remarks is irresponsible and a misdirection away from the context of the article.

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9:59 PM MST on Fri., Jan. 25, 2008 re: "Indicted talk show host plans to challenge porn laws"

Martin C. said:
Bernie is not a pedophile, and if some idiots here would bother to get informed, they would see that he's not even being accused of being one. He's accused of "possession" of child porn. He did not shoot the pics, he did not sell them, he did not "get off" on them and the accusations concur. He violated letter of the law for journalistic reasons. So enough of this pedophile crap from "Christian" fascists whom he probably nailed on the air and are still bitter about it.

93 agree | 83 disagree
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5:04 PM MST on Fri., Jan. 25, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
It's ironic that this ex-priest who castigated other priests for pedophilia on his show is himself a pedophile."Let he who is without sin cast the first stone" Anyone who trades in pornographic images of children is the worst kind of pervert.

99 agree | 67 disagree
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4:48 PM MST on Fri., Jan. 25, 2008 re: "Indicted talk show host plans to challenge porn laws"

Brian G. said:
No matter how you look at it he was still in possesion of child porn. As man of god and a voice for the people his judgement on this was wrong. A predator is still a predator and if the community wants him back what does that say about our community vaules. If that be the case no child is safe from the clutches of evil that lurks in our everyday simple lives.When will this kind of living stop. Does my daughter even have a chance against the evils of our community?

93 agree | 72 disagree
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3:48 PM MST on Fri., Jan. 25, 2008 re: "Indicted talk show host plans to challenge porn laws"

ick! said:
What a narcissist! You're a freak. So what do you? You change the laws so you can be looked at as "normal."

98 agree | 47 disagree
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1:16 PM MST on Fri., Jan. 25, 2008 re: "Indicted talk show host plans to challenge porn laws"

Jack Kirkpatrick said:
Did Bernie Ward notify his executives at KGO that he was researching child porn and did they approve his study. Certainly, there should be protocols and an approved research proposal with time frames to collect data in place argue this is a "legitimate" study. If not, Bernie's in bigger trouble and better make the best deal he can for time and fines....

94 agree | 64 disagree
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11:17 AM MST on Fri., Jan. 25, 2008 re: "Talk show host indicted for child porn"

Examiner Reader said:
This man broke the law and knew it. If he wanted research for a book, the right thing to do would have been to go to law enforcement or the Federal Govt and ask about whether there was any liabilities involved before even thinking about downloading child porn. For once BERNIE you got caught and now you have to pay the consequence for it. Welcome to the real world. As far as KGO goes, they would be insane to offer a contract to this pervert.

86 agree | 68 disagree
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11:10 AM MST on Fri., Jan. 25, 2008 re: "Talk show host indicted for child porn"

Examiner Reader said:
I don't care if he's liberal or conservative...he's a perv and should be treated like one...child porn is disgusting and so is he. Jailtime for Bernie.

84 agree | 75 disagree
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10:45 AM MST on Fri., Jan. 25, 2008 re: "Indicted talk show host plans to challenge porn laws"

Examiner Reader said:
Since apparently Mr. Ward believes that he should be rehired based on the number of individuals supporting him, I cast my vote against KGO hiring him. I haven't listened to KGO talk radio for a number of years since hearing him spewing his endless hatred for the Catholic Church. I feel sorry for him, but that doesn't extend to wishing him rehired.

85 agree | 70 disagree
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1:44 PM MST on Tue., Dec. 18, 2007 re: "Report: Talk-show host weighs deal in porn case"

Examiner Reader said:
please do a story on the unfairness of putting what appeals to be a good man who's goal is only to help people, in jail! his choice seems to be go to jail for 5 years or fight it loss everything and perhaps go to jail for 60 years? This is insane. Does anyone belove the world would be a better or safer place if Bernie's life is ruined? This is a case where a man, in his eferts to do research, did not appreciate, what he could be in for, and yet, people who steal millions for greed and ruin, the lifes of countless people serve a few years at most?? Dave A

101 agree | 95 disagree
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9:00 AM MST on Tue., Dec. 11, 2007 re: "Report: Talk-show host weighs deal in porn case"

A Conservative said:
9:39 PM MST on Fri., Dec. 7, 2007 “What I like best about conservative hate talk is that it speaks for itself. Liberals can just sit back and watch these ignorant, hateful people (who apparetnly can neither spell nor type correctly) make complete idiots out of themselves.” Excuse me: “apparetnly”? Next time, use Word. Me too: what I like best about LIBERAL hate talk is that it speaks for itself! Isn’t it nice to just sit back and watch this Liberal talk-radio show host making excuses for being a sex perv, and the paper will NOT identify him as a LIBERAL?

85 agree | 98 disagree
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8:53 AM MST on Tue., Dec. 11, 2007 re: "Talk show host indicted for child porn"

Examiner Reader said:
I was just wondering. If it was Limbaugh instead of this guy, wouldn't the title read "CONSERVATIVE Talk show host indicted for child porn"? Hey, but you guys FORGOT to mention that Bernie Ward is a BIG TIME LIBERAL... Oops...

85 agree | 88 disagree
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3:27 PM MST on Mon., Dec. 10, 2007 re: "Report: Talk-show host weighs deal in porn case"

Another Examiner Reader said:
Even if he truly was conducting "research" he still deserves punishment because he shouldn't be using children and violence against children to gain currency in the publishing world.

110 agree | 98 disagree
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8:36 AM MST on Mon., Dec. 10, 2007 re: "Report: Talk-show host weighs deal in porn case"

Examiner Reader, Skeeter, Beaver County, Pa said:
He is guilty as hell. And should not be given any leaneance for his crime. He is using the excuse of research as his defense which is bunk. He knew what he was doing when he down loaded that child porn. Who is he tring to kid. Their are childern out there being abused by morons like him. If he was going to need some thing like that for research then he should of ask the D.A.for it.And ask if he could use their files for research. He is guilty of this sick crime on these childern. I wouldn't be surprised if they don't find more child porn on this sick pervert. Lock him up for the maxium period possible under the law.

108 agree | 86 disagree
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8:39 AM MST on Sun., Dec. 9, 2007 re: "Report: Talk-show host weighs deal in porn case"

Don said:
Ward has been divorced for 3 years and sent child porn to a woman he met on a chat line. The DA offered him a deal almost 2 years ago. He refused. They built there case and charged him. There was no evidence of a book manuscript anywhere, not even a title on his hard drive. He has no witnesses to confirm the book story prior to the raid of his home.

114 agree | 83 disagree
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9:33 PM MST on Sat., Dec. 8, 2007 re: "Report: Talk-show host weighs deal in porn case"

Calvin K said:
There are too many fine lines involved here for anyone to judge BW guilty. Both Pete Townsend and Chris Langham claim to have easily found illegal material on the Internet, also while doing research. I know I've accidentally clicked on a link that sent a wild pop-up torrent of porn images flying onto my screen. As with all illegal materials, it's more effective to target the creators than small-time viewers.

127 agree | 94 disagree
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3:52 PM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Cracker said:
Where are all these books that the pedophiles keep claiming they are researching?

129 agree | 82 disagree
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3:19 PM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Examiner Reader said:
"because Ward is so outspoken about government this is not a surprize. the government goes after anyone who would speak against them if you reach and have a following as Bernie has." - Really now... must everything be turned into a Bush/Cheney conspiracy?

104 agree | 88 disagree
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12:28 PM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Examiner Reader said:
I hope he is in jail for a 100 years

152 agree | 98 disagree
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12:10 PM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Examiner Reader said:
Since when is a talk show host a journalist? Most do not claim to be one.

171 agree | 97 disagree
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11:23 AM MST on Sat., Dec. 8, 2007 re: "Report: Talk-show host weighs deal in porn case"

Concerned said:
I don't listen to hateful, ranting people from the left...or the right. If we lock up everyone that is curious about perversion, we would have to lock up everyone who watches..and is responsible for creating the pictures and news of war and torture that assaults us every day. Are we civilized people or a reactive mob?

128 agree | 108 disagree
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9:37 AM MST on Sat., Dec. 8, 2007 re: "Report: Talk-show host weighs deal in porn case"

Examiner Reader said:
Jeannette Boudreau, Ward’s business attorney said “If you listen to him on the air, he has to win the argument; he sort of pummels his opponent.” Yes he does and he is vey mean to any opponent. A few days before the indictment, I was returning from a late flight, and had KGO on. Mr. Ward was saying he did not understand why his Thanksgiving Charities drive did not do very well this year. Well it is because he is so mean – he is not a very nice man. I love to make donations to the KGO Charities, but I would never give to one that Mr. Ward was behind, because he as his attorney said, “he must win” and does not care about what anyone else may think, nor will he let them speak.

121 agree | 115 disagree
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8:33 AM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Calvin said:
Bernie is hateful and hurtful, he has made a living out of bashing Christ and his followers, like me. that being said, I do hope the charges prove to be frivolous I hate seeing people, even those whom I dislike, getting into such trouble. Karel, by the way, was bad in L.A. and he's just as bad in S.F.

107 agree | 93 disagree
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8:13 AM MST on Sat., Dec. 8, 2007 re: "Report: Talk-show host weighs deal in porn case"

Examiner Reader said:
Is there any chance readers will put aside their prejudicial "liberal" and "conservative" frameworks and consider the abuse of power that is occuring by prosecuting this man under these dubious circumstances? If Bernie was doing some research (and it is plausible due to lack of evidence of other activity)the news splash will forever ruin his reputation and the cost of a trial will reinforce the problem and cause financial ruin. Get a grip America. Give pause, start thinking and not just reacting.

102 agree | 97 disagree
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8:07 AM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Examiner Reader said:
"Examiner Reader said: What I like best about conservative hate talk is that it speaks for itself. Liberals can just sit back and watch these ignorant, hateful people (who APPARETNLY can neither spell nor type correctly) make complete idiots out of themselves." Too funny, just way too funny!!! LOL!

146 agree | 111 disagree
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3:23 AM MST on Sat., Dec. 8, 2007 re: "Talk show host indicted for child porn"

Examiner Reader said:
It's bad enough that we have this guy who is being accused of exploitation of children but all of these comments that turn it into a political gotcha game lose sight of the bigger picture. Christian, non-Christian, Republican, Democrat....does it matter? Human filth comes in every form and in every political party. Crime is crime.

118 agree | 98 disagree
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