Defense in hockey sex tape case wants access to girl’s phone to see where the video originated

[[{"type":"media","view_mode":"media_large","fid":"1389969","attributes":{"alt":"","class":"media-image","height":"175","typeof":"foaf:Image","width":"108"}}]] Attorneys defending two junior hockey players accused of recording and distributing video of sex with a 15-year-old girl argued in court filings this week that prosecutors aren’t giving them enough access to the girl’s cellphone. Defense attorneys for Thomas Ryan Carey, of Moorhead, at right above, and Brandon Nicholas Smith, of Castaic, Calif., at left above, said in motions filed Tuesday that they need to examine the girl’s phone to see where the video originated. Defense attorney Jade Rosenfeldt said prosecutors haven’t yet disclosed exactly what the men are accused of creating and disseminating. Prosecutors allege they recorded Carey having sex with the girl in a Moorhead hotel room after a game against the Fargo Force on Feb. 14. Both men played for the Lincoln (Neb.) Stars and have been suspended from the team. They are charged in Clay County District Court with creating, possessing and disseminating child pornography, all felonies. Rosenfeldt’s motion argues the girl’s phone records may have information that exonerates her client. “Mr. Carey’s inability to inspect the above requested evidence has prevented him from tracking the alleged dissemination of any image or any other media,” it says. The motion asks the court to order prosecutors to produce the girl’s phone examination report, and all media recovered from it. A letter from prosecutor Pam Harris dated Aug. 4, filed with the motion, says the girl’s phone records at the time of the incident and in the subsequent five days could not be recovered by the Moorhead police detective working on the case. Attorneys in the case have clashed already on a number of pre-trial issues, including claims by the defense that the 15-year-old girl was more of a predator in the incident and that the charges were an abuse of prosecutorial discretion. That led Judge Galen Vaa to issue a gag order prohibiting attorneys from making any further public comments on the case. Charging documents in the case allege both men told Moorhead investigators the girl consented to a video of her having sex with Carey. Minnesota law states neither consent nor a mistake about a victim’s age are defenses against a charge of using a minor in a sexual performance. Using a minor in a sexual performance is the most serious of the three charges Carey and Smith face, with a maximum penalty of 10 years in prison. Minnesota sentencing guidelines, however, call for probation and a stayed prison term between two and four years for offenders with little or no criminal histories. [[{"type":"media","view_mode":"media_large","fid":"1389967","attributes":{"alt":"","class":"media-image","height":"350","typeof":"foaf:Image","width":"216"}}]]
Attorneys defending two junior hockey players accused of recording and distributing video of sex with a 15-year-old girl argued in court filings this week that prosecutors aren’t giving them enough access to the girl’s cellphone. Defense attorneys for Thomas Ryan Carey, of Moorhead, at right above, and Brandon Nicholas Smith, of Castaic, Calif., at left above, said in motions filed Tuesday that they need to examine the girl’s phone to see where the video originated. Defense attorney Jade Rosenfeldt said prosecutors haven’t yet disclosed exactly what the men are accused of creating and disseminating. Prosecutors allege they recorded Carey having sex with the girl in a Moorhead hotel room after a game against the Fargo Force on Feb. 14. Both men played for the Lincoln (Neb.) Stars and have been suspended from the team. They are charged in Clay County District Court with creating, possessing and disseminating child pornography, all felonies. Rosenfeldt’s motion argues the girl’s phone records may have information that exonerates her client. “Mr. Carey’s inability to inspect the above requested evidence has prevented him from tracking the alleged dissemination of any image or any other media,” it says. The motion asks the court to order prosecutors to produce the girl’s phone examination report, and all media recovered from it. A letter from prosecutor Pam Harris dated Aug. 4, filed with the motion, says the girl’s phone records at the time of the incident and in the subsequent five days could not be recovered by the Moorhead police detective working on the case. Attorneys in the case have clashed already on a number of pre-trial issues, including claims by the defense that the 15-year-old girl was more of a predator in the incident and that the charges were an abuse of prosecutorial discretion. That led Judge Galen Vaa to issue a gag order prohibiting attorneys from making any further public comments on the case. Charging documents in the case allege both men told Moorhead investigators the girl consented to a video of her having sex with Carey. Minnesota law states neither consent nor a mistake about a victim’s age are defenses against a charge of using a minor in a sexual performance. Using a minor in a sexual performance is the most serious of the three charges Carey and Smith face, with a maximum penalty of 10 years in prison. Minnesota sentencing guidelines, however, call for probation and a stayed prison term between two and four years for offenders with little or no criminal histories.
[[{"type":"media","view_mode":"media_large","fid":"1389969","attributes":{"alt":"","class":"media-image","height":"175","typeof":"foaf:Image","width":"108"}}]]Attorneys defending two junior hockey players accused of recording and distributing video of sex with a 15-year-old girl argued in court filings this week that prosecutors aren’t giving them enough access to the girl’s cellphone.Defense attorneys for Thomas Ryan Carey, of Moorhead, at right above, and Brandon Nicholas Smith, of Castaic, Calif., at left above, said in motions filed Tuesday that they need to examine the girl’s phone to see where the video originated.Defense attorney Jade Rosenfeldt said prosecutors haven’t yet disclosed exactly what the men are accused of creating and disseminating.Prosecutors allege they recorded Carey having sex with the girl in a Moorhead hotel room after a game against the Fargo Force on Feb. 14. Both men played for the Lincoln (Neb.) Stars and have been suspended from the team.They are charged in Clay County District Court with creating, possessing and disseminating child pornography, all felonies.Rosenfeldt’s motion argues the girl’s phone records may have information that exonerates her client.“Mr. Carey’s inability to inspect the above requested evidence has prevented him from tracking the alleged dissemination of any image or any other media,” it says.The motion asks the court to order prosecutors to produce the girl’s phone examination report, and all media recovered from it.A letter from prosecutor Pam Harris dated Aug. 4, filed with the motion, says the girl’s phone records at the time of the incident and in the subsequent five days could not be recovered by the Moorhead police detective working on the case.Attorneys in the case have clashed already on a number of pre-trial issues, including claims by the defense that the 15-year-old girl was more of a predator in the incident and that the charges were an abuse of prosecutorial discretion.That led Judge Galen Vaa to issue a gag order prohibiting attorneys from making any further public comments on the case.Charging documents in the case allege both men told Moorhead investigators the girl consented to a video of her having sex with Carey. Minnesota law states neither consent nor a mistake about a victim’s age are defenses against a charge of using a minor in a sexual performance.Using a minor in a sexual performance is the most serious of the three charges Carey and Smith face, with a maximum penalty of 10 years in prison. Minnesota sentencing guidelines, however, call for probation and a stayed prison term between two and four years for offenders with little or no criminal histories.[[{"type":"media","view_mode":"media_large","fid":"1389967","attributes":{"alt":"","class":"media-image","height":"350","typeof":"foaf:Image","width":"216"}}]]
Attorneys defending two junior hockey players accused of recording and distributing video of sex with a 15-year-old girl argued in court filings this week that prosecutors aren’t giving them enough access to the girl’s cellphone.Defense attorneys for Thomas Ryan Carey, of Moorhead, at right above, and Brandon Nicholas Smith, of Castaic, Calif., at left above, said in motions filed Tuesday that they need to examine the girl’s phone to see where the video originated.Defense attorney Jade Rosenfeldt said prosecutors haven’t yet disclosed exactly what the men are accused of creating and disseminating.Prosecutors allege they recorded Carey having sex with the girl in a Moorhead hotel room after a game against the Fargo Force on Feb. 14. Both men played for the Lincoln (Neb.) Stars and have been suspended from the team.They are charged in Clay County District Court with creating, possessing and disseminating child pornography, all felonies.Rosenfeldt’s motion argues the girl’s phone records may have information that exonerates her client.“Mr. Carey’s inability to inspect the above requested evidence has prevented him from tracking the alleged dissemination of any image or any other media,” it says.The motion asks the court to order prosecutors to produce the girl’s phone examination report, and all media recovered from it.A letter from prosecutor Pam Harris dated Aug. 4, filed with the motion, says the girl’s phone records at the time of the incident and in the subsequent five days could not be recovered by the Moorhead police detective working on the case.Attorneys in the case have clashed already on a number of pre-trial issues, including claims by the defense that the 15-year-old girl was more of a predator in the incident and that the charges were an abuse of prosecutorial discretion.That led Judge Galen Vaa to issue a gag order prohibiting attorneys from making any further public comments on the case.Charging documents in the case allege both men told Moorhead investigators the girl consented to a video of her having sex with Carey. Minnesota law states neither consent nor a mistake about a victim’s age are defenses against a charge of using a minor in a sexual performance.Using a minor in a sexual performance is the most serious of the three charges Carey and Smith face, with a maximum penalty of 10 years in prison. Minnesota sentencing guidelines, however, call for probation and a stayed prison term between two and four years for offenders with little or no criminal histories.