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Attorneys want hockey sex video defendants tried separately

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FARGO (KFGO-AM) - Attorneys who represent one of two hockey players accused of using a minor to make a sex video in Moorhead want the cases to be tried separately.

The attorneys say Thomas Carey of Moorhead deserves a separate trial from co-defendant Brandon Smith because the defendants "are not similarly situated." In court documents, Carey's attorneys say the "interests of justice do not favor" a single trial for both men.

Carey and Smith are each charged with using a minor in a sexual performance, possession of child pornography and distributing child pornography.

Prosecutors say the video was made in February when the Lincoln Stars were in town for a USHL hockey match against the Fargo Force.

Both defendants remain free on personal recognizance bonds.

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