Trial set for Homer brothers charged with sexual assault

  • By DAN BALMER
  • Tuesday, February 25, 2014 11:14pm
  • News

A trial date has been set for two Homer brothers both charged with sexually assaulting a 17-year old boy with an object at a teenage drinking party in September 2012.

Anthony Resetarits, 21, and Joseph Resetarits, 19, appeared at their court hearing telephonically before Superior Court Judge Carl Bauman at the Kenai Courthouse Monday. The two men pleaded not guilty at their arraignment last October.

Judge Bauman asked the defense for an update on the confiscation of cell phone photos from teens at the party for evidence to the alleged crime.

Michael Moberly, Joseph Resetarits’ attorney, who attended the hearing telephonically, said Apple Inc. has seized a number of phones, although it is unclear how many and when the phones were reviewed. Due to user privacy reasons, Apple has to search the phone, which can take up to six months, he said.

Alaska State Troopers had tried to search Joseph Resetarits’ phone, but he declined, Moberly said.

Phillip Weidner, Anthony Resetarits’ attorney said telephonically, he was concerned for the potential of spoiled evidence and wanted clarification of when the phones will be returned so discovery issues could be straightened out.

“Apple is potentially playing hard to get,” Bauman said. “We will need to schedule another hearing to get some momentum going in the case before trial.”

Bauman selected trial week for June 2 in Homer with a status hearing on March 10 so the court can get clarification on how many cell phones were seized and searched for photos from the party.

Shaun Sehl from the Alaska Office of Victim’s Rights also participated telephonically. She asked the court to follow rule 45, a right to a speedy trial, because the time for information gathering has been “going on for sometime,” she said.

According to charging documents, Alaska State Trooper Sgt. Jeremy Stone alleged 60 to 80 people, including Homer High School students, attended a party Sept. 8 and 9, 2012 at a home on East End Road in Homer.

The 17-year-old victim arrived at the party about 10 p.m. and eventually passed out on a couch in the living room after drinking heavily, according to the police affidavit.

Troopers allege that while the boy was passed out, multiple people wrote on the boy’s body with a marker while others took photos. Anthony Resetarits shaved an “M” for Mariners, the name of the high school mascot, into the boy’s hair, the complaint alleges. Then, Anthony Resetarits allegedly sexually assaulted the boy with a beer bottle with Joseph Resetarits participating, according to the report.

The partygoers left shortly after the incident and the alleged victim, still unconscious, was taken to his mother. The alleged victim was taken to South Peninsula Hospital for treatment, where a nurse reported the sexual assault to troopers, according to the affidavit.

Troopers recovered multiple photographs that were taken of the victim while he was being assaulted from a boy who identified the men in the photo as the Resetarits brothers, according to Sgt. Stone’s report.

The Resetarits brothers were released from custody on $5,000 bail each last October. If convicted of the Class B Felony, the brothers face 5-15 years in jail.

A 16-year-old Homer boy was later charged in the incident for sexual assault but the minor’s name was not released.

On Feb. 18, a status hearing for Joseph Resetarits was held at the Kenai Courthouse. Joseph Resetarits, who lives in Anchorage and participated telephonically, requested the court’s permission to move to Honolulu, Hawaii to attend an Emergency Medical Technician program at the University of Hawaii Capuano Community College.

State Prosecutor Kelly Lawson said she was concerned with allowing him to move to Hawaii because his brother lives there. She said Anthony Resetarits had been seen drinking at a bar, despite his court order to not consume alcohol and she is concerned about the brothers violating court orders by living together.

The court lifted a waiver of extradition, allowing the brothers to move out of state to attend college. Bauman said there is no requirement of supervision of the brothers because the court did not assign a third party custodian.

The alleged victim’s mother, who participated telephonically in the hearing, said she doesn’t understand why Joseph Resetarits needs to go to Hawaii to enroll in an EMT program.

“I’m not comfortable with both of them back together,” she said. “I don’t trust him. There will be no supervision to keep them in check and that bothers me.”

Joseph Resetarits was enrolled in a firefighting academy in Louisiana but moved back to Alaska. He said he has looked for EMT training in the area but would prefer to live out of state because of the party incident.

“It is hard to live here,” he said. “A lot of people know about this.”

Bauman said he would approve the travel, but not until the court receives confirmation from a fire chief in Hawaii that Joseph Resetarits can volunteer in Hawaii and enroll in EMT course training.

The next court date for both Anthony and Joseph Resetarits is March 10 at the Kenai Courthouse.

Reach Dan Balmer at daniel.balmer@peninsulaclarion.com.

More in News

National Weather Service radar for the Kenai Peninsula and Southcentral Alaska on Aug. 17, 2022. (Screenshot)
Rain, rain and more rain

Low pressure systems drive wet conditions in Southcentral

Sockeye salmon return to Steep Creek to spawn. Alaska’s overall commercial salmon harvest across all species is currently up 15% from 2021 (2020 for pinks) with Bristol Bay and the Prince William Sound largely carrying the weight while other regions lag, according to data from the most recent Alaska Seafood Marketing Institute weekly salmon harvest update. (Ben Hohenstatt / Juneau Empire)
Statewide salmon harvest on the upswing compared to last year

Bristol Bay and Prince William Sound are mainly pulling the weight

Jake Dye / Peninsula Clarion
Congressional candidate Mary Peltola responds to a question during a forum at the Kenai Visitor Center on Aug. 3 in Kenai . Early Wednesday, Peltola had earned 38.4% of first-choice votes in a race that will determine who fills Alaska’s lone U.S. House seat until January.
Mary Peltola responds to a question during a forum at the Kenai Visitor Center on Aug. 3, 2022, in Kenai, Alaska. (Peninsula Clarion/Jake Dye)
Democratic candidate Peltola leads U.S. House race early, but Palin may win in final count

Former governor and Republican U.S. House candidate Sarah Palin stands to benefit from ranked choice voting

COVID-19. (Image courtesy CDC)
COVID hospitalizations on the rise

86 patients were hospitalized with 10 patients on ventilators

2022 gubernatorial candidate Charlie Pierce walks in the 65th annual Soldotna Progress Days Parade on Saturday, July 23, 2022 in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Pierce among leaders in governor’s race

Incumbent Gov. Mike Dunleavy leads the pack overall

Braeden Garrett holds signs supporting Alaska House of Representatives candidate Justin Ruffridge at the intersection of the Kenai Spur and Sterling highways on Tuesday, Aug. 16, 2022, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Ruffridge, Babcock lead in early primary results

Unofficial preliminary primary election results showed significant margins between the first- and second-place candidates

Pollworkers Carol Louthan (center) and Harmony Bolden (right) work at the Soldotna Regional Sports Complex on Tuesday, Aug. 16, 2022 in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Local voters cast ballots, try out ranked choice

Locally, multiple candidates have their sights set on seats in the Alaska Legislature.

U.S. Senate candidate Kelly Tshibaka joins Donald Trump on stage during a rally at the Alaska Airlines Center on July 9, 2022, in Anchorage, Alaska. Tshibaka is seeking to become one of four candidates to advance in the U.S. Senate race during Alaska’s primary election Tuesday, Aug. 16. (Bill Roth/Anchorage Daily News via AP, File)
U.S. Senate candidate Kelly Tshibaka joins Donald Trump on stage during a rally at the Alaska Airlines Center on July 9, 2022, in Anchorage, Alaska. Tshibaka is seeking to become one of four candidates to advance in the U.S. Senate race during Alaska’s primary election Tuesday, Aug. 16. (Bill Roth/Anchorage Daily News via AP, File)
Murkowski advances in Senate race, Palin in House

Kelly Tshibaka, her GOP rival endorsed by former President Donald Trump, was among the candidates bound for the November general election

Most Read