2 Men Face Charges Stemming From AACo. Robocall

ANNAPOLIS, Md. (WJZ) -- An election from two years ago is stirring up plenty of controversy. Two people are charged with political dirty tricks.

Rick Ritter has more on the charges that came down from Maryland's state prosecutor.

It all stems from a dirty robocall back in 2014 that was sent out to thousands of Anne Arundel County residents. Now two men could face time behind bars.

Dirty and sleazy. That's how Susan O'Brien described a robocall made about Anne Arundel County Council candidate Patrick Armstrong two years ago.

"This disgusting message of the robocall," said O'Brien.

In 2014, O'Brien was Armstrong's campaign manager, as he squared off against Michael Peroutka for a county council seat. It was a typical race until a robocall stole the show.

Many considered the robocall an attempt to smear the openly gay candidate:

"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."

While Peroutka eventually went on to win the race...

"The fact that they gave his mother's phone number out is just atrocious and despicable, and I think it changed the course of the election," said O'Brien.

Prosecutors say the call was never properly identified and came from an untraceable cell phone. They're now charging two men for their alleged role behind it.

Dennis Fusaro, 55, of Stephens City, Virginia -- who was Peroutka's campaign manager -- and Stephen Waters, 51, of Greensboro, North Carolina, are charged with violating and conspiring to violate authority line requirements of Maryland election law.

"The law requires candidates to do that so the public knows who's paying for what," said Glenn Ivey, former state's attorney for Prince George's County.

Ivey says the charges come at a crucial time for politics.

"We have to make sure there are certain lines that we don't cross, and I think that's what this case is about," he said.

Something many feel sends a message.

"I think it's important for voters to understand that when you do break election laws, you're going to be held accountable. And that's important to protect the integrity of our democracy," said O'Brien.

The maximum penalty for each offense is one year imprisonment and a fine of $5,000. No trial date has been set at this time.

An attorney representing both men says they plan to contest the charges. He says prosecutors don't have proof the calls were campaign material.