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RI lawmaker creates fake Facebook page for another State House rival

February 04, 2014 08:02 PM

Comments 18 /Providence Journal filesState Sen. Nicholas Kettle1of2  810  222 +10  0  1  0

KATHERINE GREGG

Journal staff writer

PROVIDENCE -- Coventry police have traced the creation of a fake Facebook page that appears to belong to state Rep. Scott Guthrie - but actually mocks him - to a State House computer and, ultimately, to a second lawmaker from the same town, opposite party: Republican Sen. Nicholas Kettle.

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A visitor to the Facebook page would see the words "Octo-Guthrie'' appear over a caricature of the retired firefighter with his "tentacles'' in a number of buckets.

The Nov. 7, 2013 posting defines an "Octo-Guthrie'' as: "A slimy, bottom-dwelling parasitic creature primarily known for living off the wealth of other, more productive beings. It achieves this dubious distinction by way of nefariously obtained special privileges of the back room variety. (See, also "Political Hack").''

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Underneath this caricature of Democrat Guthrie, with his distinctive handlebar mustache, are the words: "Picking your pocket to feed his union buddies.''

Guthrie filed a complaint with his hometown police. The police investigated.

But on advice of a lawyer in Atty. Gen. Peter Kilmartin's office, they concluded the creation of this fake Facebook page did not constitute "cyber-harassment.''

After reviewing the case, "I was informed that a majority of the posts were constitutionally protected activity,'' and the others "would not have caused substantial emotional distress which is another required element of the crime,'' the lead detective, Kevin Harris, wrote in a report obtained by The Journal on Tuesday.

After speaking to Asst. Attorney Gen. Ronald Gendron, "it has been determined that there is insufficient evidence to go forward with charges at this time,'' Harris wrote.

But the case may not be over. Kilmartin spokeswoman Amy Kempe said Gendron provided an "initial assessment,'' but the attorney general intends to review the case. Guthrie said he may now take his complaint to federal authorities

And the incident cost Chuck Newton, the communications director for the House Minority Office, his job on Tuesday after Newton confirmed to a Journal reporter that he helped 23-year-old Kettle create the Facebook page on a computer in his State House office.

"I would be the first to admit probably a lapse in judgment on this thing,'' Newton said.

"He is no longer employed,'' said House Minority Leader Brian Newberry, R-North Smithfield,a short time later.

But Kettle and his attorney - former House Minority leader Robert A. Watson - were unapologetic.

Kettle said the Facebook page was an attempt to draw attention to Guthrie's role in the passage of legislation giving disputed taxing powers to the Central Coventry Fire District, which had been in receivership, a form of bankruptcy, since October 2012. Guthrie was the sponsor.

"I am not going to apologize or complain about the rough and tumble politics that is Coventry,'' Kettle said. "We are dealing with a very divisive issue…the Central Coventry fire district. And I am trying to advocate for my constituents, the taxpayers, [and show them] who Rep. Guthrie is and what he has done to them in the legislature.''

Added Watson: "Does it surprise you that a retired firefighter, state representative, would be picking a fight with a state senator who disagrees with him over the future of a bankrupt fire district?

"This is a classic example of Representative Guthrie trying to turn political criticism into a crime. He ought to read the 1st Amendment and remind himself that he is a public figure and people have the right to criticize him including Senator Kettle."

Guthrie declined comment, but the police report says he filed the complaint, alleging cyber-harassment, on December 20.

It is against Facebook policy to create an account in a fake name.

Guthrie told the police that the fraudulent Facebook page "slanders him personally and professionally,'' that he had "contacted Facebook about the page, but they have not taken it down'' and he wanted to press charges.

Instead of a profile picture, the viewer sees the letter "I'' followed by a red heart, underlined by an image of a mustache.

The police report details the lengths to which Harris went to obtain administrative subpoenas to get the "IP addresses'' of the computers used to create and post items on the page titled: "Scott Guthrie State Representative.''

The report lists the Facebook and Verizon subpoena results for each entry, including the addresses for Kettle's father, Matthew, with whom he lives on Autumn Ridge Road in Coventry,and the "RI General Assembly.''

Based on the attorney general's initial review, however, "this case is closed pending any additional evidence,'' the report says.

The facts are not identical, but there is precedent for prosecution.

John A. Leidecker, an assistant executive director of the National Education Association, was found guilty in September 2011 by a District Court judge of one misdemeanor count of stalking then-Rep. Douglas W. Gablinske, D-Bristol, in 2010 over the Internet.

Leidecker has appealed Judge Stephen M. Isherwood's ruling to the Superior Court.

That case involved Leidecker's creation of a fictional e-mail constituent named Walter Flatus, who corresponded via email with a fake Representative Gablinski, with an "i" instead of an "e."

In the years since Kilmartin has tried - and failed - to convince the General Assembly to pass legislation creating a new category of crime for "online impersonation.''

On Twitter: @kathyprojo


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