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‘Scrubbed’ photo needed in Avery case

News Photo by Julie Riddle Bradley Avery listens via videoconference as attorney Matt Wojda describes a “scrubbed” photo provided by the prosecution.

ALPENA — The transmission of child porn is illegal — even for a prosecutor sharing evidence with a defense attorney.

The court case for Bradley Avery, of Alpena, is stalled briefly while his attorneys wait to receive a modified image taken from Avery’s phone and alleged to be child sexually assaultive material.

Avery is accused of possessing several images of child porn and videotaping several girls while they changed clothes in the Alpena County Fair office.

Avery has entered a not guilty plea.

Though Avery’s attorneys were allowed to view several images from Avery’s phone while the images were in the possession of Alpena County Prosecutor Cynthia Muszynski, she can’t give them a copy of photos containing illegal material without breaking the law herself, Muszynski told the court.

The image in question — which defense attorney Dan White requested in order to examine advertising embedded with the photo — had to be “scrubbed,” Muszynski explained to Judge Benjamin Bolser, with the illegal portions of the photo blocked with a black box.

White’s firm will receive the scrubbed photo early this week.

Defense attorney Matt Wojda said his firm needs a closer look at the photo because it played a key role in District Court Judge Thomas LaCross’s decision to allow Avery’s case to proceed toward trial.

Avery’s attorneys intend to contest that decision, Wojda said.

Avery will next appear in court on Nov. 2.

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