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Attorneys want hockey players tried separately in sex tape case

Forum News Service

MOORHEAD, Minn. — The attorney for one of two junior hockey players accused of distributing a sex video they made with a 15-year-old girl is seeking to have the men tried in separate cases.

Court documents allege that Brandon Nicholas Smith and Thomas Ryan Carey, 19-year-old players for the Lincoln (Neb.) Stars, taped Carey having sex with the girl in their Moorhead hotel room after a game the Stars played against the Fargo Force in February.

Carey’s attorney, Jade Rosenfeldt, filed a motion Aug. 6 objecting to the prosecution’s request that Carey and Smith be tried together in Clay County District Court. Rosenfeldt wrote that the two men “are not similarly situated in this case, and the interests of justice do not favor joinder” of their cases.

Smith’s attorney, Joseph Friedberg, said he would likely file a similar objection to joining the cases. Judge Galen Vaa will eventually decide whether the men are tried together.

Smith, of Castaic, Calif., and Carey, of Moorhead, each face felony charges of using a minor in a sexual performance, possession of child pornography and distribution of child pornography. Both have been released from custody on their own recognizance.

The next hearing in the case is set for Thursday.

Forum News Service

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