Don Vito’s Fate In Jury’s Hands; Plus Tony Yayo, Jay-Z, Kanye West, Pete Wentz, Britney Spears, Madonna, Linkin Park & More, In For The Record

Yayo trial to begin in January; Jay joins 'Ye onstage in Boston; Fall Out Boy bassist breaks foot (but tour goes on).

Vincent “Don Vito” Margera‘s fate on two counts of sexual assault is in the hands of the jury. Tuesday saw the presentation of closing arguments, during which Pamela Mackey, an attorney for Margera — Bam’s uncle — argued that he had been in his “goofy, outrageous and vulgar” persona during his August 2006 Colorado mall autograph signing, during which he is accused of having groped three young girls. …

Tony Yayo will stand trial beginning January 10 in connection with the case in which he is alleged to have roughed up the 14-year-old son of Game manager Jimmy “Henchman” Rosemond in March. According to Yayo’s lawyer, Scott Leemon, the judge combined the cases of Yayo (born Marvin Bernard) and a man known as an “honorary” member of the G-Unit, Lowell “Lodi Mack” Fletcher, who was also allegedly involved in the assualt, but whose relationship to Yayo Leemon declined to discuss. …

Big brother and little brother teamed up Monday night: Jay-Z made a surprise guest appearance at the TD Banknorth Garden in Boston during Kanye West‘s set at the JAMN 94.5 Monster Jam Concert. Kanye also brought T-Pain — who played his own set earlier in the night — for “Good Life.” Lil Wayne, Fabolous, J. Holiday, MIMS and Akon also performed at the concert. …

Fall Out Boy‘s Pete Wentz broke his foot during the band’s performance Sunday night at the Voodoo Music Experience festival in New Orleans. Wentz uploaded a gory close-up photo of his severely bruised and swollen foot to his profile page on FriendsorEnemies.com. “For anyone who was at the Voodoo Fest in New Orleans, you got to see me jump around,” he wrote. “Ended up breaking the bone that connects my shin to my foot; no shows will be cancelled. I am currently trying to get a ‘rocker’ boot so I can have a walking cast. Currently, my foot is the size of a small car. If you see me at a show, come sign my cast.” …

Don’t expect to see Britney Spears gracing the cover of Maxim anytime soon — the magazine has ranked her #5 on its list of the Five Unsexiest Women Alive. One slot ahead of her is Madonna, who Spears seems to be emulating these days, and they’re followed by Sandra Oh, Amy Winehouse and the list-topper, Sarah Jessica Parker. … Some people might not find Madge too sexy these days, but according to a new tome, “Madonna: Like an Icon,” Tupac Shakur was more than just hot for her in the past — they actually dated. The book’s author, Lucy O’Brien, claims the Material Girl dated ‘Pac for one year in her mid-30s before the rapper’s untimely death. O’Brien quotes a friend close to the singer, saying ultimately, the rapper’s friends quashed the fling. “She was going out with him,” one of Madge’s friends said. “But homegirls were saying to [2Pac], ‘I can’t believe you’re going out with a white girl.’ ” Madonna was then subsequently dumped, according to the book. …

Linkin Park‘s outreach project, Music for Relief, has set its sights on a new challenge: helping Southern California recover from the devastating wildfires. The band has contributed $50,000 to Direct Relief International — a Santa Barbara nonprofit that has been providing medical supplies to victims — and the donation was matched by SanDisk Corporation, a flash-data-storage-card company. “The wildfires are an unfathomable tragedy,” LP bassist Dave “Phoenix” Farrell said in a statement. “Being able to help victims of a natural disaster like the wildfires is exactly why Music for Relief was founded.” The band is also encouraging its fans to make their own contributions through the Music for Relief Web site.

Common‘s still riding strong with his latest album, the recently released Finding Forever, but while he’s looking forward, his former label is looking backward with a new compilation of early cuts. ThisIsMe Then: The Best of Common, being issued by Relativity/ Sony Legacy, compiles 15 songs from 1992-’97 — but the enhanced disc has four video extras too: for “Take It EZ,” “I Used to Love H.E.R.,” “Retrospect for Life” (featuring Lauryn Hill) and “Invocation.” It’s set to street November 27. … The Roc is in the building: Freeway hosted a listening session at S.O.B.’s in New York Monday night for his sophomore set, Free at Last, due November 20. The Philadelphia rapper previewed collaborations with 50 Cent, Rick Ross and Jadakiss, before Beanie Sigel hit the stage with him to perform their Just Blaze-produced classic, “Roc the Mic.” …

Reggae singer Beenie Man was released from a Kingston, Jamaica, jail on $21,000 bail on Monday after appearing in court on tax-evasion charges, according to The Associated Press. Authorities say the singer (born Anthony Moses Davis) owes about $661,000 in overdue taxes in Jamaica. He’s due back in court December 3. … The estate of late rapper Notorious B.I.G. filed a federal court motion on Monday claiming that prison inmate Waymond Anderson, who once implicated a former police officer in the killing of the rapper, was lying when he recently recanted his testimony. AP reports that the motion seeks access to phone and prison visitation records for Anderson, who is serving a life sentence for murder in a separate case. In an August 20 deposition Anderson said he lied about the alleged police involvement as part of a scam involving the slain rapper’s family members and attorneys to win a monetary settlement from the city. The estate argued in its filing that the records will discredit Anderson’s story and reveal who was behind his “wholesale assault on the truth.” …

A 20th-anniversary edition of the A Very Special Christmas album — featuring performances by No Doubt, Wyclef Jean, Sting, Run-D.M.C., Jon Bon Jovi, Stevie Wonder, Sheryl Crow and U2 — will be released November 20. The package benefiting the Special Olympics will also feature the first-ever DVD collection of videos in the series’ history, including performances from the 1998 and 2000 Christmas at the White House specials. … Two anti-poverty groups co-founded by Bono, the ONE Campaign and Debt AIDS Trade Africa, will merge their operations in the U.S. to create a single organization that will be known as ONE. Reuters reports that the organization will continue to focus on poverty-relief efforts in Africa and the U.S., according to a statement from Bono, in which he said, “ONE and DATA are two organizations with the same outrage: Extreme, stupid poverty in the 21st century makes no sense when the resources and technology exist to do something about it. … What makes sense is to harness these two forces into a single organization and redouble our efforts. One goal. One team.” And in yet more U2 news, National Geographic Cinema Ventures will release a new film, “U2 3D,” in late January. The movie will play in 3-D only, in select theaters worldwide. Filmed in South America during a series of U2 concerts on their Vertigo Tour, the film is the first live-action movie ever shot, produced and exhibited in digital 3-D, and strove to capture the intimacy between the band and its audience. …

Slayer and Halloween are a match made in hell, and this year the metal titans have partnered with MySpace to spook fans into buying their new concert DVD, “The Unholy Alliance – Chapter II: Preaching to the Perverted,” which also features performances by Lamb of God, Mastodon and more. One of the clips from the DVD, Slayer’s performance of their Grammy-winning song “Eyes of the Insane,” will stream all day on MySpace TV on Wednesday. … SoLow.com, which rewards visitors for making the lowest unique bid for prizes it offers, is giving one lucky fan a chance to spend Thanksgiving with the Osbournes. The winner will also get tickets to Ozzy Osbourne‘s concert in San Diego, as well as a few hundred bucks in cash and a hotel room in Los Angeles. … Tom Cruise, meet the Sex Pistols. The actor and the notorious punk-rock legends are both slated to appear — and perform, in the case of the Pistols — on “The Tonight Show With Jay Leno” on Tuesday night (October 30). Republican presidential hopeful Representative Ron Paul rounds out the odd lineup. … Forbes has released its list of the top-earning dead celebrities, and Nirvana‘s Kurt Cobain no longer sits at #1 — that spot now belongs once again to Elvis Presley — the King’s estate generated $49 million in the past year, while Cobain’s name doesn’t even make the list. At #2 is John Lennon, whose drew $44 million in 2007, while fellow Beatle George Harrison takes #4 with $22 million. Other musicians on the list include Tupac Shakur at #8 with $9 million and James Brown at #11 with $5 million. Bob Marley is at #12, having made $4 million this year. …

In the end, nobody at the University of Florida got zapped. Andrew Meyer, of “Don’t tase me, bro” fame, will not face any criminal charges for disrupting an appearance by Senator John Kerry at the university, according to AP. And the two police officers suspended while state officials investigated the incident — which became an instant viral phenomenon that spawned remixes, T-shirts and a short-lived cultural catchphrase — have been reinstated after the Florida Department of Law Enforcement concluded that they acted properly when they tased the 21-year-old. … If it’s good enough for Radiohead, it’s good enough for Paste. For the next two weeks, the music magazine will be offering one-year subscriptions to readers for whatever price they decide to pay. There’s a minimum payment of $1, but anyone who ponies up more than the $19.95 the magazine typically charges for a year will be thanked in print in a future issue. …

It’s a long way from “Gangsta’s Paradise” to “Oh!” but Coolio is willing to make the trip. The rapper has signed on to appear in a reality show called “Coolio & the Gang” for the women’s cable network Oxygen that will begin airing in the second quarter of 2008, according to The Hollywood Reporter. The program will follow the Grammy-winning MC as he raises six teens by himself while trying to maintain his rap career and launch a clothing line in what is described as a real-life version of “My Three Sons.” … The Who are about to launch a subscription service for serious fans, who will get access to a huge library of video and audio content for $50 a month. According to a post on the band’s Web site, beginning Monday, superfans will get a free, exclusive double-CD (View From a Backstage Pass) of live performances from 1969-’76 that will not be available in stores, a personalized Who e-mail address, discounts in the Who store, exclusive full-length videos, and streaming and paid download access to every Who song ever recorded.

Pierce Brosnan is being investigated by the Los Angeles County Sheriff’s Department for alleged battery stemming from an incident that happened at a mall in Malibu, California, on Friday, TMZ reports. Robert Rosen, a photographer, claims that after he complimented Brosnan on his James Bond films, the actor began cursing and hit Rosen in the ribs. In response, Rosen kicked the actor, he claims.

Entertainment legend Robert Goulet died Tuesday morning in a Los Angeles hospital, AP reports. Goulet, who was 73, had been awaiting a lung transplant after discovering last month that he had acquired a rare form of pulmonary fibrosis. The self-deprecating Goulet was a Broadway star, Grammy Award-winning singer, TV show host and actor, appearing toward the end of his career in films like “The Naked Gun 2 1/2: The Smell of Fear,” “Beetlejuice” and “Toy Story 2″ (he voiced Wheezy the Penguin).

10.29.07

Gwen Stefani, a Southern California native, is reaching out to victims of the wildfires by donating proceeds of her Tuesday concert at San Diego’s Cox Arena to local charity the San Diego Foundation, which is helping the community recover from the ongoing disaster. Stefani announced the effort on San Diego radio station 93.3 KHTS on Monday morning (October 29). “San Diego has always been so supportive of me throughout my entire career … living in Orange County, it has always been like a second home to me,” she said on air, according to a press release from her label. “When I heard about the devastation of the fires at first I felt I should cancel my show out of respect, but then it occurred to me there might be a more useful solution.” San Diego Mayor Jerry Sanders thanked her, according to the press release, saying the Foundation will use the funds to support its After-the-Fires Fund 2007 effort. …

Kanye West is bringing his ego to the bookshelf. Following in the steps of his mother, Donda — who released her own book about the artist, “Raising Kanye,” earlier this year — ‘Ye has put his swagger to paper for “Thank You and You’re Welcome,” which he co-authored with J. Sakiya Sandifer. According to ‘Ye’s Web site, the book is a collection of “Kanye-isms” — “the creative, humorous and insightful philosophies and anecdotes used in creating my path to success,” he said in a post. “It captures the same wit, playful irony, and piercing insight found abundant in my lyrics.” It can be preordered on EchoTunes.com.

It seems OiNK‘s demise has given way to a new torrent site, according to Torrent Freak. Called “BOiNK,” the site will be hosted by the Pirate Bay and will launch sometime this week. … Fall Out Boy‘s Infinity on High will be expanded with five bonus tracks, three of which are live cuts. The embellished set is due November 20. In other re-release news, the Smashing Pumpkins‘ latest, Zeitgeist, will be re-released and packaged with a full-length DVD documentary, titled “Inside the Zeitgeist.” Due in stores Tuesday, the set will also include three bonus cuts: “Ma Belle,” “Stellar” and “Death from Above.” …

Since she was 13 years old, Jordin Sparks has been wearing a sexual-abstinence promise ring that her parents gave her — and the “American Idol” winner says she doesn’t plan to take it off anytime soon. “I wasn’t ever forced into [wearing the ring],” she told UsMagazine.com. “It’s all about making the right choice and not putting yourself in that situation.” Sparks, who admitted, “Temptation is always there,” said her dream guy will have to have “nice teeth. They could be athletic and sing … and play an instrument.” … Paris Hilton‘s planned trip to Rwanda caught a snag when Playing for Good, the foundation coordinating the trek, postponed it last week. But the heiress recently insisted to “Extra” that the trip will happen next year. “I feel like there’s a lot I can do, and a lot I can do to help,” she added. “I know [Rwanda] went through a lot of traumatic experiences, and I feel like if I go there, I can help save some people’s lives.” … Lindsay Lohan‘s planned New Year’s Eve party has just gotten a whole lot quieter. While UsMagazine.com reported last week that the starlet would be hosting this year’s bash at red-hot Las Vegas club LAX, the news source now says she’s backed out. A representative reportedly told UsMagazine.com that she will no longer be hosting the event, as the actress continues to focus on her work and sobriety. …

Ozzy Osbourne is auctioning off the quad bike that nearly killed him. The 350cc Banshee still has a dented front bar and split rear guard from the 2003 accident, and is expected to fetch $3,000 in an upcoming sale of memorabilia by the star and his wife/manager Sharon. Bidding begins November 30 in Beverly Hills, California, with some of the proceeds earmarked for Sharon’s colon cancer charity. … Metallica played two acoustic performances over the weekend as part of the 21st annual Bridge School Benefit at Shoreline Amphitheatre in Mountain View, California. The band’s set included a number of covers, including Rare Earth‘s “I Just Want to Celebrate,” Garbage‘s “Only Happy When It Rains,” Dire Straits‘ “Brothers in Arms” and Bob Seger‘s “Turn the Page.” John Mayer, Regina Spektor, Neil Young and others also performed at the event. …

Sum 41 have been forced to cancel the remaining dates on their Canadian trek, as frontman Deryck Whibley is having back problems. Whibley is suffering from a herniated disc and has been ordered by doctors to avoid performing for the next six weeks, according to Pollstar.com. He is recovering at the Los Angeles home he shares with wife Avril Lavigne. … Taking Back Sunday‘s Mark O’Connell recently underwent back surgery to remove a broken disc. “A disc broke off my spine, and they had to remove part of it,” he wrote in a statement. “Everything turned out really great, just recovering right now and it’s hurting a little. They said if I take care of myself really well, I’ll be just fine.” …

Natalie Portman can’t shake her “Garden State” music jones. The actress is putting together a charity mix tape for iTunes called Big Change: Songs for FINCA, which will benefit the organization that works to alleviate poverty in developing countries, according to Entertainment Weekly. The $7.99 album, due Tuesday, will feature exclusive songs and mixes from Norah Jones, M. Ward, Devendra Banhart, the Shins and Beirut. …

Country Music Hall of Fame singer/songwriter Porter Wagoner died Sunday from lung cancer at age 80, according to a Reuters report. The Grammy-winning singer, known for his flashy rhinestone suits and blond pompadour hair, had been a member of the Grand Old Opry since 1957 and scored such hits as “Last Thing on My Mind” and “Green Green Grass of Home.” He was also known for championing Dolly Parton in the early days of her career by singing a series of duets with the fellow country legend.