MOORHEAD - A Clay County prosecutor on Wednesday objected to a list of questions that could be given to potential jurors in the case against two hockey players accused of creating and distributing a video of sex with a 15-year-old girl, saying the questions would "taint the entire jury panel."
Defense attorneys in the case against Thomas Ryan Carey and Brandon Nicholas Smith proposed a 38-question survey for potential jurors as a means to ensure the selection of a "fair, impartial and neutral jury."
But in a new court filing, prosecutor Pamela Harris said the questionnaire invites "potential jurors to learn all they can about the case before they even get to the trial" and would "inevitably lead to a change of venue."
In her objection, Harris argued there is no need for a written questionnaire in the case, since attorneys will have the chance to grill potential jurors in person.
Harris objected in particular to seven questions because they "identify the case" and "allow the potential juror to look up the case on the internet," among other reasons.
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One question reads: "When you first learned about this case, what were your reactions?" Another asks potential jurors to rate Carey and Smith on a scale from "Definitely Guilty" to "Not Enough Information to Decide."
The latter question "is highly objectionable as it is asking a potential juror to render a verdict prior to hearing admissible testimony," Harris said.
Carey, 20, of Moorhead, and Smith, 20, of Castaic, Calif., are each charged with three felonies: use of a minor in a sexual performance, dissemination of pornographic work and possession of child pornography. The former hockey players for the Lincoln (Neb.) Stars are accused of making and sharing a video of their sexual encounter with the girl, who they met in a Moorhead hotel after a game against the Fargo Force on Valentine's Day in 2014.
Both men have pleaded not guilty. A 10-day trial is set to begin Dec. 7.
The disagreement over the jury survey is the latest in a series of pre-trial clashes between lawyers in the case, which has led to a judicial order preventing either the prosecution or the defense attorneys from publicly discussing the case outside of the courtroom.
The friction has come in part over the defense's efforts to paint the girl as the aggressor, claiming she was on a mission to have sex with at least one member of each team in the U.S. Hockey League.
Using a minor in a sexual performance is the most serious of the three charges Carey and Smith face. A conviction on that charge could mean probation and a stayed prison term between two and four years for offenders with little or no criminal histories, under state sentencing guidelines.
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