News Photo by Julie Riddle Dan White, attorney for Bradley Avery, shows a sketch of the Alpena County Fair Board office to jurors in Alpena’s 26th Circuit Court on Wednesday as Judge George Mertz looks on.
ALPENA — Bradley Avery, accused of making clandestine recordings of underage girls, on Wednesday afternoon claimed three 15- and 16-year old girls in 2017 asked to change clothes in a small room in the Alpena County Fair Board office.
The queen’s pageant participants had always changed elsewhere until Avery told them to use the storage room — the same day a hidden camera recorded them changing clothes, one of those recorded testified during the first full day of Avery’s trial in Alpena’s 26th Circuit Court.
Avery, 39, faces accusations he hid a camera in the storage room and intentionally recorded the girls after police found videos of the incident on a computer Avery used as Fair Board treasurer.
He is also accused of possession of child pornography related to six images of young people found on his phone, and of using a computer to commit a crime.
News Photo by Julie Riddle Bradley Avery, right, explains his online search habits to Alpena County Prosecutor Cynthia Muszynski in Alpena’s 26th Circuit Court on Wednesday.
On Wednesday, the three girls, now women, described being ushered into the storage room by Avery, who served as Queen’s Pageant organizer and was also the girls’ 4H leader.
The News is not naming the women because they are the alleged victims of a crime that is sexual in nature.
Alpena County Prosecutor Cynthia Muszynski showed jurors several videos retrieved from Avery’s computer.
Avery claimed multiple people, including pageant contestants, used the laptop, and that it often sat in his County Fairgrounds office unattended and without password protection.
Avery never allowed anyone else to use his designated work computer, countered State Fair Board President Jacob Bowen, who said nobody but Avery knew the computer’s password.
Police seized the computer in February 2018 during an unrelated investigation into Avery’s handling of Fair Board money.
Avery later pleaded guilty to stealing money while board treasurer. He was sentenced to six months in jail.
When police obtained the computer — two days after Avery learned of the police embezzlement investigation — the video files had been deleted, but a computer crimes lab later retrieved them, said Alpena County Undersheriff Cash Kroll, lead investigator in the case.
The retrieved files lacked sufficient digital data to confirm how those videos had gotten to the computer, a forensics expert said.
According to the Fair Board President, Avery had installed a wireless camera on his desk in the fair office shortly before the 2017 fair.
Police later seized a similar camera during a search of Avery’s home, after police realized that the computer seized during the embezzlement case also contained secret recordings of the girls changing clothes.
Avery said he brought a camera to the fairgrounds because some office keys were missing and he was afraid of someone stealing money.
Avery said he never placed a camera in the room where the girls changed.
He also claimed no knowledge of six pornographic images, possibly of minors, police found on his phone among a large collection of legal adult pornography.
Police also found digital evidence of searches for phrases like “naked teen girl” on Avery’s device.
Under vigorous cross-examination by Muszynski, Avery said he had used those words to search for pictures of 18- and 19-year olds, who can legally appear in pornographic photos.
Muszynski showed Avery printed copies of the photos found on his phone.
During his online searches, “this may be something you’re looking for?” Muszynski asked, holding up an image of a young-looking person performing a sexual activity on a man.
“Yes, ma’am,” Avery said.
A digital forensic expert provided by the defense said the images came as automatic downloads from advertisements tied to legitimate porn sites and, because of where they were stored, Avery could have not known of their existence.
Jurors will have to decide if the images depict minors, and if they believe Avery knew they were on his phone.
They will also have to mull the defense’s argument that Muszynski failed to prove that Avery placed the camera that captured the videos filmed in the Fair Board office.
After calling any remaining witnesses, both sides will present closing arguments today, after which the jury will begin deliberations.
A person convicted of the crimes with which Avery is charged could be sentenced to up to five years in prison.
Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com. Follow her on Twitter @jriddleX.
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