While working for Scarcelli’s Democratic primary campaign, Bailey receivedsome research material compiled by Thomas Rhoads, Scarcelli’s husband, about the backgroundand career of Eliot Cutler who was at that time an independent candidate for Governor of Maine.(Bailey Dec. ¶ 13)13.
The research provided by Mr. Rhoads had been done on his own time usingpublicly accessible internet sites, including online newspaper archives. (Bailey Dec. ¶ 14;Rhoads Dep. 19:3-5, 32:17, )14.
The research provided to Bailey by Rhoads was not used by the Scarcellicampaign as part of Scarcelli’s campaign for the Democratic nomination for Governor. (BaileyDec. 15; Scarcelli Dep. 72:17-23; Rhoades Dep. 32:17, 33:14-17)15.
Scarcelli lost the Democratic primary in June 2010 and thereafter was not acandidate for Governor of Maine and Bailey stopped working for her. (Bailey Dec. ¶ 16)16.
Following Scarcelli’s loss in the Democratic primary, Bailey was hired as apolitical consultant by Shawn Moody to advise Moody in his campaign as an independentcandidate for Governor of Maine. During this time, Bailey had other business clients as well.(Bailey Dec. ¶ 17 and 18)17.
Beginning in late June or early July 2010, without informing Moody or seekinghis approval, Bailey independently undertook to confirm the research on Eliot Cutler that Baileyhad been provided by Rhoads and in addition he did additional research himself using internetsearch tools such as Google. (Bailey Dec. ¶ 19)18.
In late June following Scarcelli’s loss in the Democratic primary, and withoutinforming Moody or seeking his approval, Bailey approached several news reporters andattempted to get them interested in the research on Eliot Cutler and to write or broadcast news