MOORHEAD, Minn. (KFGO-AM) - Lawyers who've been seeking to have charges dismissed against two hockey players accused of making a sex video in Moorhead argued their case before a judge Thursday.
Prosecutors say Thomas Carey and Brandon Smith made the video with a 15-year-old girl in a Moorhead motel room.
Defense attorneys told Judge Michael Fritz that the girl has a reputation of seeking out hockey players for sex. They say the alleged victim is still distributing nude photos of herself, and because of that, she should be prosecuted. The attorneys also claim that the girl has been trespassed from Scheel's Arena in Fargo because of her contact with members of the Fargo Force.
The defense is arguing that a police search warrant used to obtain the men's cell phone records contained improper and incomplete language. Attorney Joe Friedberg said "This is an issue that goes to the heart of the Fourth Amendment."
Assistant Clay County Attorney Pam Harris defended the charges she filed. Harris said she's tired of hearing that "boys will be boys."
The defense has filed about a dozen motions; among them is a claim that the video is protected by the First Amendment.
Judge Fritz says he'll issue a decision on the motions within 45 days.