MOORHEAD, Minn. (KFGO-AM) - Attorneys who represent two hockey players accused of making a sex video with a 16-year-old girl in Moorhead say the video is constitutionally protected speech.
Lawyers for Thomas Carey and Brandon Smith are once again asking a judge to order the charges dropped. In court documents, the attorneys say recordings of consensual sexual relations involving their clients and the girl are "protected speech."
The attorneys also argue that the charges violate Smith and Carey's right to privacy. They say the matter "is not a case of an abuser recording the sexual abuse of a child" and refer to the alleged victim as "the instigator of the situation."
Carey and Smith were members of the Lincoln Stars hockey team when they were accused of making the video in a Moorhead motel room.
Prosecutors and defense attorneys can't talk about the case because of a gag order. A hearing is scheduled Thursday.