Defense Says Moorhead Hockey Players Were “Coerced”

The lawyers for two hockey players accused of making a sex video with a 15-year-old girl appear in court to try and get the charges dropped.

Thomas Carey and Brandon Smith were members of the Lincoln Stars when they were accused of making the video in a Moorhead hotel room. But several motions regarding Carey and Smith’s cell phones were brought up including one claiming that the video is “protected speech.” Both sides got into a debate over the alleged victim.

“The only person that should be labeled as predatory is the alleged victim.”

That’s what Brandon Smith’s lawyer Joseph Friedberg said on behalf of both of the hockey players. They’re facing three charges: using a minor in a sexual performance, possession of child porn, and distributing child porn.

Friedberg and Carey’s lawyer, Jade Rosenfeldt, insist that the alleged teen victim has a history of soliciting hockey players across the nation by sending them nude photos. Former Clay County deputy sheriff and current private investigator Chuck Anderson backed up their claim.

Rosenfeldt asked, “Did she confirm that around the time of this incident that she was sending pictures or snap chats to other people?”

Anderson responded, “She confirmed that she sent nude photos of herself to 20-30 different people.”

The defense then asked Anderson about the specific incident with Carey and Smith from last February at the Days Inn in Moorhead.

“Did she confirm that she knew a video was being taken?”

“She did.”

The prosecution called police officers from Moorhead and Lincoln, Nebraska about the search of the players cell phones.

According to the defense, the alleged victim has attempted to solicit several Fargo Force players and as a result is banned from Scheels Arena. The prosecution argued that this is no excuse for what Carey and Smith did.

“It’s tiresome to hear boys will be boys… They had the opportunity to say no…Their intent was to spread her around to others,” said Pamela Harris.

The defense also wants information from the girls’ school records and social media accounts. The court will also be reviewing her cell phone content in more detail. The judge will make his decision on the motions this spring.