News Photo by Steve Schulwitz Bradley Avery, left, awaits his sentencing in the 26th Circuit Court on Friday while an Alpena County deputy looks on. Avery received a minimum of three years in prison for filming underage girls changing during a pageant at the Alpena County Fairgrounds in 2017.

ALPENA — Bradley Avery, accused of filming underage girls while they were changing clothes during a pageant in 2017, was sentenced on Friday to a minimum of three years in prison.

It was the statements made by the victims to the court that led to Avery being sentenced at the top of the recommended sentencing guidelines.

After hearing from one of the victims, as well as listening to a letter and watching a video made by two more, Alpena County Prosecutor Cynthia Muszynski was able to convince Judge George Mertz, of Otsego County’s 46th Circuit Court, that the sentences for charges against Avery should run consecutively with one another and not concurrently because of Avery’s actions and the impact it had on the victims.

The News does not release the names of survivors of sexual assault without their permission.

Had Mertz decided to order concurrent sentences, the time Avery would have had to spend in jail or prison could have been much less.

Mertz handed down his sentence after hearing victim impact statements and a plea from Avery for leniency.

One girl read a prepared statement in front of the courtroom, which told of how Avery betrayed her trust, humiliated her, and made it difficult to trust people, especially men.

“I remember the day I found out about the video and I remember my heart dropping into my stomach and feeling like I was going to throw up,” she said. “I remember sobbing until I couldn’t breathe. I was absolutely broken and to be honest there are still parts of me that still are. I can’t go anywhere without scouring the place for secret cameras and I don’t trust anybody and am scared to get close to anyone out of fear of being betrayed.”

Before Mertz addressed the defendant, Avery spoke to the judge and said he accepted the decision of the jury who found him guilty, and was prepared for what comes next. He did not apologize or take responsibility for his actions.

“I respect the decision of the jury. I have to because that’s the democracy we live in,” Avery said. “It is what it is. They came back with a guilty verdict and I accept that they found me guilty. I’m going to everything in my power to come out the other side of this a better person.”

Avery reminded Mertz that he was an avid volunteer and believes he has done many positive things for the community. Mertz however was skeptical of Avery’s sincerity when it came to the motives of why Avery was so involved with charitable groups and organizations.

In July 2019, Avery was sentenced to six months in jail and a year’s probation for embezzling money from the Alpena Agricultural Society while he served as Fair Board treasurer.

Police arrested Avery in 2020 after an investigation of Avery’s financial transactions uncovered videos of the unclad girls and thousands of pornographic images — some allegedly depicting minors — on Avery’s devices, police said.

“You used your volunteerism as an opportunity to your own advantage,” Mertz said.

Mertz told Avery before sending him to prison that the emotional damage he did to the victims and the impact the event had on their lives could not go without a severe punishment.

Defense attorney Dan White tried to stave off incarceration for some time because of recent health issues Avery has dealt with. He spent two days in intensive care in the hospital and another day in the hospital with cardiac issues he still deals with.

White said Avery has a pair of important medical appointments that will help him learn more about his heart condition and tried to convince the judge that the health care jails or prisons provide wasn’t adequate.

In the end, Mertz said many people who commit crimes and are sentenced to jail have serious health issues and he denied the delayed incarceration request.