Attorneys want charges dropped in USHL sex tape case

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Attorneys for the two hockey players accused of making and distributing a sex video with with a 15-year-old girl in a motel room in Moorhead, Minnesota, want the case dismissed.

Thomas Carey and Brandon Smith, both 19, were each charged in June with using a minor in a sexual performance, possession of child pornography and distributing pornography to an unknown number of people. Authorities say Carey – a former Moorhead High School hockey player – had sex with the girl after his team, the Lincoln Stars, played the Fargo Force on Feb. 14.

The girl discovered they had been videotaped when she began receiving messages from other hockey players and girls making reference to the video. She believes Smith, of California, was the one who recorded the incident.

Now the men's lawyers, Joseph Friedberg and Jade Rosenfeldt, want the charges against the players dropped for "abuse of prosecutorial discretion," calling the girl a "sexual predator," KFGO reports.

Lawyers say the girl calls herself a "puck slut" and was competing with an Iowa woman to have sex with players on every team in the USHL, the news station says.

Clay County Attorney Brian Melton called the defense attorneys' claims "outrageous" and referred to Rosenfeldt as a "hired gun" and a "hatchet woman," KVRR reports.

Both hockey players told investigators the girl consented to being taped with Carey, according to court documents. However, Minnesota law says neither consent nor a mistaken impression of the victim's age are considered defenses in a crime involving a minor in a sexual performance.

"The statute was designed for people who have pictures of sex with little children, something most of us can't look at and sleep," Friedberg said in July, according to InForum. He said he doesn't consider the 15-year-old girl in this case to be a child.

Lawyers for the two men have requested they be tried separately, according to WDAY.

The Lincoln Stars released a statement saying the two players have been suspended indefinitely for violating the USHL’s code of conduct, and that the team is cooperating with the police investigation.

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