NASHUA – The person with whom Rochester resident Dana Avery was exchanging numerous emails, allegations that led to his arrest nearly two years ago on two counts of soliciting online an underage person for sex, mentioned eight times “she” was only 14, so Avery, despite his claim to the contrary, must have believed he was communicating with a 14-year-old girl, the prosecutor in Avery’s trial said Thursday.

Further, Assistant County Attorney Nicole Thorspecken told the trial jury, Avery seven times acknowledged “in some way” that the “girl” was under 18, and wrote at least nine times about the “trouble he would be in if he got caught.”

The jurors believed Thorspecken’s account of Avery’s case, handing down guilty verdicts on both charges within two hours of starting Thursday deliberations.

Avery, 54, of 40A Washington St., was allowed to remain free on bail pending sentencing, which is scheduled to take place in October. The exact date is still to be determined.

The jury of eight men and four women returned guilty verdicts on the two felony charges – certain use of computer services prohibited – also known as internet solicitation. A Superior Court grand jury indicted him on the charges in November, accusing him of “utilizing computer services to attempt to solicit an individual he believed was a child under the age of 16 to commit sexual penetration.

Thorspecken said in Wednesday’s first day of trial that Avery and the “online persona” exchanged a total of 1,039 emails between July 11-21, 2017.

The “persona” was actually created by veteran Nashua police detective Caleb Gilbert, who said during testimony he has investigated roughly 30 such cases since becoming an investigator with the department’s computer forensics unit.

Gilbert said he posed as a 14-year-old girl named “Lizzie,” and created the persona on July 10, a day before “Lizzie” answered the ad Avery placed on social media, reportedly in an attempt to meet young women from 18 to 25 years of age.

Avery’s attorney, Timothy Harrington, stated in his closing argument Thursday that his client could very well have believed the person he was communicating with was at least 18 – because, he told the jury, anyone who posts and ad or answers one on the app Avery used must certify they are 18 or older.

Harrington also spoke to the jury about Avery’s roughly one hour, 40-minute post-arrest interview – which he referred to as an interrogation – with Gilbert, a copy of which was played in its entirety while Gilbert was on the stand.

Harrington reviewed segments of the interview for jurors, and asked them to pay attention to what he called Gilbert’s “interrogation tactics.”

Gilbert at some point in the interview “knew there was a problem … he knew he had to get my client to say he believed the person on the other end was under 16,” Harrington said.

Gilbert’s tactics, he continued, “changed … he played good cop-bad cop, said he was (Avery’s) friend … but as those tactics changed, what does Mr. Avery do? Throughout the entire interrogation, he remains consistent in trying to explain what he thought and what he believed,” Harrington said.

As the interview progressed, Harrington said Gilbert began “cutting off” Avery’s responses, “because he doesn’t like what (Avery) is saying. He doesn’t want to accept (Avery’s) explanations.”

Thorspecken, however, challenged the defense’s assertion that Avery didn’t believe it was a 14-year-old girl he was communicating with.

She pointed to one of Avery’s emails, stating “if you are law enforcement I’m screwed …” followed by instructions to “delete all the emails.”

“This is not role playing,” Thorspecken said, referring to earlier claims by the defense. Avery “knew ‘Lizzie’ was 14.”

And the fact Avery “had a condom in his pocket” when police arrested him, Thorspecken said, is strong evidence he intended to engage in sex with the person he thought was a 14-year-old girl.

Dean Shalhoup may be reached at 594-1256, dshalhoup@nashuatelegraph.com, or @Telegraph_DeanS.