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Judge lifts some bail restrictions for two charged in sexual assault

Posted: April 3, 2013 - 3:37pm

With preparations for the upcoming Bristol Bay fishing season beginning, attorneys representing Joseph and Anthony Resetarits argued during a Friday hearing before Judge Margaret Murphy for less stringent bail restrictions that will allow the Homer brothers to pursue their livelihood.

Joseph Resetarits, 18, and Anthony Resetarits, 20, were charged with sexual assault of a drunken boy following a Sept. 8 East End Road party. Each has been charged with one count of second-degree sexual assault, penetration of an incapacitated person. 

If convicted, each of the brothers face from 5 to 15 years jail.

When released on bail in October, Joseph Resetarits was placed in the custody of his father, Douglas Resetarits, and Anthony Resetarits in the custody of his mother, Maria Santa Lucia.

In November, bail conditions were changed to allow Joseph Resetarits to travel to South Carolina to work with his father in the family business once he obtained an unsecured $5,000 bond, signed a waiver of extradition and provided the court with his round-trip ticket. 

At that time Murphy also amended the condition that the brothers could not have contact with one another, instead allowing them to communicate provided their attorneys were present.

On Friday Murphy agreed to:

• Remove the requirement for a third-party custodian if the brothers are north of Summit Lake;

• Allow direct communication between the two brothers as long as it does not include discussions specific to the case;

• Allow use of cell phones and the Internet to
conduct business. 

Other requirements remain in force:

• No contact with the victim or victim’s family;

• No contact with Homer High School students, with the exception of one student who will serve on Joseph Resetarits’ fishing crew;

• Maintain weekly contact with their attorneys except when fishing activities make that impossible;

• Notify the court within 24 hours of a change in residence, phone or mailing contact;

• Not depart the state of Alaska without written permission;

• Not consume alcohol.

“I understand in Naknek that a lot of business is done in a bar,” said Murphy. “You’ll have to find another place to do that. I won’t accept that as a reason to have alcohol. … No bars.”

With regard to lifting the third party requirement when the brothers are north of Summit Lake Lodge, Murphy said, “If you leave that lodge and get on the road headed to Homer, you have to have a third party with you.”

The changes to the bail requirements are in effect until Sept. 1, at which time fishing season in Bristol Bay is expected to be complete.

The next court date in the case was set for 3:30 p.m. May 28. 

“If you’re in Naknek, you will need to be on phone for that,” Murphy told the Resetarits brothers. “If that’s a problem, there’s a court in Naknek. If you tell them you have a court hearing, they will allow you to use their phone to call us.” 

McKibben Jackinsky can be reached at mckibben.
jackinsky@homernews.com.

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