A so-far anonymous group says it is "considering" a campaign to recall Muskegon County Prosecutor Tony Tague, sparked sparked by the case of a 21-year-old Ravenna man charged with making child pornography because of an edited video he posted on YouTube of himself appearing to sing a sexually obscene song to Ravenna first-grade students.

Tague calls the potential recall group — whoever it is — probably "misinformed," motivated by a mistaken belief that Evan Emory will get a 20-year prison sentence if convicted. State sentencing guidelines would not allow a sentence anywhere near that strict, Tague said.

Although the law concerning child-porn production carries a maximum possible sentence of 20 years, that doesn't mean someone convicted of it necessarily gets a sentence that long. Actual sentencing is determined by state guidelines, which differ case to case depending on an individual defendant's circumstances. Emory has no prior criminal history.

The recall group did not respond to a Chronicle e-mail request Wednesday for an interview — with a list of questions that included the identity of the group’s leaders — except to say “we will be in touch.”

As of 3 p.m. Thursday, no one had filed a petition with the Muskegon County clerk’s office regarding the alleged recall attempt. The group would need to file with the clerk before a recall attempt could officially occur.

The anonymous news release said the group “may be on the verge of moving forward with a campaign” based on positive response to its Facebook page and “some e-mails sent out.”

Emory's attorney, Terry J. Nolan, contacted Wednesday, said he knew nothing about the potential campaign and didn't know who was behind it.

A Kalamazoo TV station reported Thursday on what it called the “recall effort,” without a mention of talking to anyone connected with the effort, and The Associated Press picked up the TV story.

A "Recall Tony Tague" Facebook "cause" page as of 4:20 p.m. Thursday had 213 followers — known as "likes" in Facebook terminology — including news organizations. "Liking" a Facebook cause does not always imply support; it can also be a way of keeping tabs on what members of a group are posting.

Emory was charged last week with making child sexually abusive material — child porn — based on a provision in the law that covers those who make it “appear” that children were sexually abused.

The video was made Jan. 12 when Emory visited Ravenna’s Beechau Elementary School first-grade classroom and sang two kid-themed songs to the children with the approval of the teacher, authorities said.

But without the knowledge of the teacher or school officials, Emory then sang a raunchy, sexual song after the classroom emptied. He edited the video at his home to make it appear he’s singing the provocative song about having sex and doing sexual things while the camera pans the audience of children, smiling and giggling.

The lyrics — intercut with closeups of individual children laughing or making faces — include “I want to stick my index finger in your anus,” “see how long it takes to make your panties mine” and “I’ll add some foreplay in just for fun,” to quote some of the tamer lines.

Tague, contacted for comment Thursday about the potential recall campaign, said he believes the Facebook page was started by a relative of Emory’s. “It is not unusual for families of (defendants) to be upset when their relative is charged with a crime,” Tague said.

“I am certain that Mr. Emory’s supporters would prefer a prosecutor who does not charge people that exploit children,” Tague said. “But I will not be deterred in my efforts to protect the children of Muskegon County by misinformed supporters of Mr. Emory.

“The focus appears to be that they believe that Mr. Emory is facing 20 years in prison (the maximum possible sentence), and that that is my intent in charging Mr. Emory,” Tague said. “They clearly do not understand the law or the criminal justice system.

“The more likely result, based on the sentencing guidelines, will be that a judge will determine what is an appropriate consequence for Mr. Emory’s exploitation of children — which most likely will be probation, community service, or possibly jail time,” Tague said.

“That will be a decision made by a judge, and I am confident it will be an appropriate response to Mr. Emory’s inappropriate actions.”

Heather Lynn Peters and Eric Gaertner contributed to this story.

