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April 14, 2016 : Criminal Information, State of Maryland v. Dennis Fusaro and Stephen Waters

Criminal Information, State of Maryland v. Dennis Fusaro and Stephen Waters

CRIMINAL INFORMATION

            THE STATE PROSECUTOR for the State of Maryland informs and charges

DENNIS FUSARO and STEPHEN WATERS, Defendants,

with having committed the following offenses:

COUNT I

            On or about October 31, 2014, at Anne Arundel County, Maryland,

                        DENNIS FUSARO and STEPHEN WATERS, Defendants

did willfully cause the publication and distribution, in Anne Arundel County, Maryland, of campaign material that did not comply with the requirements of § 13-401, Election Law Article, Annotated Code of Maryland, to wit: DENNIS FUSARO, being then and there the campaign manager and consultant to the campaign of Michael Anthony Peroutka for election to the Anne Arundel County Council in the 2014 Maryland General Election, and Stephen Waters, a resident of North Carolina and Virginia, did cause the publication and distribution of more than 5,000 automated telephone calls regarding Patrick Armstrong, the candidate opposing Michael Anthony Peroutka for the Office of Anne Arundel County Council in the 2014 General Election to Anne Arundel County residents in which the speaker said:

Hello, what a great opportunity for the LGBT community. We have a true believer for our cause in Patrick Armstrong who’s running for County Council in Anne Arundel County, Maryland. Call Patrick today and thank him for his bravery in coming out of the closet. Coming out of the closet and supporting the fairness to all Marylander’s Act, the Maryland State Senate Bill 212, and supporting the rights for all transgenders. Transgenders can now openly and freely go into any bathroom of their choice based on their confused gender identity. Tell Patrick to continue to stand loud and proud in support for transgenders’ equal rights. While our opponent argued that children could be at risk by sexual predators with this new law, we celebrate the rights of transgenders and what this does for equality for transgenders in Maryland. Call him today at 410-***-**** and thank him for supporting the bathroom bill. Paid for and authorized by Marylander’s for Transgenders.

which message did not contain the information required by § 13-401 of the Election Law Article regarding the identity of the person authorizing and paying for the calls and whether the calls were authorized by any candidate, but instead was designed to conceal their identities as the persons authorizing and paying for those messages by falsely identifying the person or organization responsible for the message and arranging for the “caller id” function on each recipients’ telephone to display on the number of an “untraceable” prepaid cell phone purchased by the said STEPHEN WATERS and DENNIS FUSARO with cash at a Walmart store in Fredericksburg, Virginia, for the purpose of preventing identification of the persons responsible for the call, in violation of §§13-401 and 13-602 of the Election Law Article, Annotated Code of Maryland, and against the peace, government and dignity of the State.

CJIS Code 1-1551

Election Law Article, §§13-602(a)(9) and 13-401

Maximum Penalty, 1 year, $1,000.00

 

COUNT II

Between on or about October 8, 2014 and on or about November 20, 2014, at Anne Arundel County, Maryland,

                        DENNIS FUSARO and STEPHEN WATERS, Defendants

did conspire together to cause the publication and distribution, in Anne Arundel County, Maryland, of campaign material that did not comply with the requirements of § 13-402, Election Law Article, Annotated Code of Maryland, to wit: DENNIS FUSARO, being then and there the campaign manager and consultant to the campaign of Michael Anthony Peroutka for election to the Anne Arundel County Council in the 2014 Maryland General Election, did conspire and agree with STEPHEN WATERS to cause the publication and distribution of automated telephone calls to Anne Arundel County residents regarding Patrick Armstrong, the candidate opposing Michael Anthony Peroutka for the Office of Anne Arundel County Council in the 2014 General Election, without including in the message the identity of the person or entity authorizing and paying for the message and that the message was not was not authorized by any candidate as required by § 13-401, Election Law Article, but instead falsely identifying the person or organization responsible for the message and causing the “caller id” function of recipients’ telephones to display the telephone number of a prepaid cell phone they purchased for cash at a Walmart store in Fredericksburg, VA and believed to be untraceable, in violation of §§13-402 and 13-602 of the Election Law Article of the Annotated Code of Maryland, and against the peace, government and dignity of the State.

CJIS Code 1-1551

Election Law Article, §§13-602(a)(9) and 13-401

Maximum Penalty, 1 year, $1,000.00

 

 

 

 


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