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Avery: Don’t mention embezzlement at videotaping trial

Bradley Avery appears in this May 2020 News archive photo.

ALPENA — Jurors considering whether Bradley Avery recorded video of girls while they changed clothes shouldn’t hear that he stole more than $15,000 from the Alpena Agricultural Society, Avery’s attorney said today.

In a trial scheduled to begin July 19, Avery, 39, will face accusations that he recorded the video of girls changing clothes during a county fair beauty pageant and that he possessed child pornography.

Avery denies the charges.

In 2019, Avery admitted that, while treasurer of the Alpena County Fair Board, he misappropriated funds for personal use from the Alpena Agricultural Society and illegally moved FFA funds in the summer of 2018. Avery was sentenced to six months in jail in that case.

During the embezzlement investigation, police seized the computer Avery used as treasurer and later found digital files on that computer allegedly implicating Avery in the video recording and child pornography charges.

The embezzlement bears no relevance to the current charges and should not be mentioned at trial, defense attorney Dan White said in Alpena’s 26th District Court.

Judge George Mertz, of Otsego County, who will preside over Avery’s trial, gave Alpena County Prosecutor Cynthia Muszynski time to respond in writing to White’s motion.

Muszynski could not immediately be reached for comment.

In 2020, Muszynski charged Avery with hiding a camera in a fair office where girls changed clothes during a 2017 pageant.

White told The News that video images of the girls changing were not captured by Avery’s camera.

Alleged sexually suggestive depictions of minors, found on Avery’s phone, were downloaded automatically and without Avery’s consent from a legitimate adult pornography site, White said.

Avery had until today to accept a plea offer extended by Muszynski. He did not do so.

Avery could face sentences of up to five years in prison for recording the girls and up to four years for possession of child pornography, according to the Michigan Penal Code.

Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com. Follow her on Twitter @jriddleX.

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