NORTH KINGSTOWN, RI — An independent counsel has repudiated an attempt by Democratic Party leaders and school board Chairwoman Erin Earle to prosecute someone for making critical social media posts against School Committee member Jen Lima.
In a report issued Monday, Special Counsel Maria F. Deaton said that while Lima might feel “annoyed and alarmed,” there’s no evidence that the comments were cyberstalking or went beyond protected free speech under the US Constitution.
In addition, Deaton determined that Lima “in her public capacity, on her public social media accounts discussed matters involving different topics (public policy, political matters, etc.). It can be argued that the public has a right to comment on those public posts and the comments can be shown to be legitimate.”
The town’s Democratic Party’s top leaders, in a February letter to Town Manager Ralph Mollis, suggested that the police department had failed to do enough to investigate and prosecute Lima critic Alexander Cesaro.
At the time of the letter, a special counsel had already been hired because Lima and other school officials had complained of foot-dragging in the matter.
Deaton’s report and law enforcement officials’ chronology of events both show ongoing investigation of her claims of harassment. Law enforcement officials also show that Earle pushed for prosecution.
According to some party insiders said, Lima and Earle pushed the party leaders to pressure Mollis and the police for more action. Seven party leaders, Anne Geertman, Tom Sgouros, Kahlia Shmerer, Sarah Kelly-Palmer, John Manock, Noeline Thomson and Melissa Devine signed the letter.
Lima and Earle reportedly fumed that police needed to do more before “dire” consequences arose, according to sources.
The town’s special counsel did not agree or find a reason to arrest Cesaro and pointed out that his comments were focused on issues around former North Kingstown High School basketball coach Aaron Thomas, who is alleged to have conducted hundreds of “naked fat tests” of students .
Thomas has pleaded not guilty to charges of sexual assault and is awaiting a judge’s decision next month on the trial going forward.
“A review of comments made by Alex Cesaro to Ms. Lima’s social suggest part of his criticism of her results from his displeasure with her and other town officials for the handling of the Aaron Thomas matter,” Deaton said, adding that “it is fair to say any reasonable person could feel annoyed and alarmed by them .”
According to Deaton, Cesaro is also a complainant in Thomas’s investigation. Cesaro’s comments toward Lima started in 2021 as the Thomas issue boiled over into public view through media reports and interviews with alleged victims.
Cesaro’s 2021 social media comments to Lima trailed off before becoming much more numerous and “increasingly more aggressive from December 2022 through November 2023,” Deaton said.
Deaton said, “During that time Mr. Cesaro made hundreds of comments to Ms. Lima’s public social media accounts. His comments appeared to be primarily centered around the issue of” allegations and investigation into Thomas.
She also said that Cesaro denied making any threats against Lima. Lima obtained a restraining order against Cesaro in February to stop any further social media posting for six months.
In her findings, Deaton re-traced the steps police took and did not offer any support of Democratic Party leaders’ inferences that police had not done enough to investigate and prosecute Cesaro.
Her report and the police chronology of events instead detail continuous action and allege that, in some instances, Lima hindered attempts to stem the problem.
This newspaper requested from the police a chronology of events to outline dates and details of Lima’s reports on harassment and actions taken.
The chronology shows that state and local police were active in investigating and attempting to resolve the issue more than a year before party leaders wrote to Mollis.
According to the chronology, over a year and a half ago, officers hunted to tell Cesaro his frequent posts about him was alarming her. Still, Lima declined at least twice to allow police to make that contact, police said.
Without probable cause to arrest Cesaro, police would avoid contacting him — unless Lima agreed — to prevent furthering his agitation toward her, police said.
In addition, last November Earle and the school department pressed for criminal charges against Cesaro, the chronology shows and in November police investigated the matter one more time.
It forwarded the findings to the town’s attorney for review and evaluation regarding prosecuting Cesaro. Police also said they gave Cesaro the opportunity for counseling about his anger and frustrations.
The chronology also notes that Lima also posted on social media about Cesaro.
“On November 29, 2023, Lima posts on social media calling out the person she is in fear of. She posted this prior to speaking to Detective (Roger) Bonin. She never told him what she had done despite having a conversation with him that same day,” police said in the chronology.
“Additionally, this social media post is how police would learn that Cesaro was alleged to have followed Lima in Wickford,” the chronology notes.
By January 24, 2024, police and town officials decided that a third investigation and outside review of the matter was needed, and Deaton began his review and interviews of people involved.