- Associated Press - Thursday, August 7, 2014

HOMER, Alaska (AP) - A judge has dismissed second-degree sexual assault charges against two Homer brothers accused of assaulting a 17-year-old boy with an object at a drinking party in September 2012.

Superior Court Judge Carl Bauman dismissed the charges against Anthony Resetarits, 22, and Joseph Resetarits, 19, on Wednesday. Kenai District Attorney Scot Leaders said at Wednesday’s hearing that he intends to take the case back to a grand jury.

The case had earlier been scheduled for an Aug. 4 trial, but Bauman canceled the trial at a July 30 hearing, when he announced he would be issuing a decision on defense motions to dismiss grand jury indictments. At that hearing, the judge said he would most likely dismiss the charges, the Homer News (https://is.gd/pSHvlz) reported.

Attorneys for each of the brothers filed motions to dismiss the indictment. Joseph Resetarits’ attorney, Michael Moberly, argued that the state provided insufficient evidence to support an indictment and that hearsay evidence prejudiced the grand jury. Anthony Resetarits’ attorney, Phillip Weidner, filed a motion to dismiss on constitutional grounds.

Bauman ruled on the motion by Moberly. He did not rule on the motion by Weidner.

The brothers were accused of assaulting the boy after he passed out drunk. The boy also had his head and eyebrows shaved, and people wrote on him with markers. As many as 80 teenagers and adults were present at the party, and several partygoers took cell phone photos of the victim.

Alaska State Troopers learned of the assault when nurses reported it after the victim’s mother took him to South Peninsula Hospital.

A boy who was 16 at the time also was charged with sexual assault and referred to the juvenile justice system.

Joseph Resetarits was a member of the Homer High School Mariners football team, but was removed from the team after the charges were filed. Fourteen high school athletes were suspended for being at a party where alcohol is served, a violation of Alaska Student Activities Association rules.

The Resetarits brothers pleaded not guilty at an October 2012 arraignment. They have since been out on bail.

The judge said he believed there was a victim.

“It’s not an alleged victim, it’s a victim - which is not to say who is responsible for that victim, but there’s clearly a victim in the court’s view,” Bauman said.


Information from: The Homer (Alaska) News, https://www.homernews.com

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