The trial date for two brothers charged with sexual assault has been rescheduled. In a hearing held May 28 at the Kenai Courthouse, Superior Court Judge Carl Bauman set a new trial the week of Aug. 4 in Homer for Anthony Resetarits, 22, and Joseph Resetarits, 19. The trial had been set to start this week.
The brothers are charged with one count each of second-degree assault. In charging documents, Alaska State Troopers said the men sexually assaulted with an object a teenage boy at a September 2012 East End Road drinking party. They pleaded not guilty at an October 2012 arraignment and have been out on bail.
Currently they are in South Naknek preparing for the Bristol Bay salmon fishery.
From 60 to 80 teenagers and adults were at the 2012 party, including members of Homer High School sports teams. Troopers seized cell phones from people who took photos of the assault. At earlier hearings, there had been concerns that getting access by Apple Inc. for seized iPhones would delay the trial.
Assistant District Attorney Kelly Lawson, the prosecutor in the case, said the iPhone issue wasn’t a major concern. Troopers seized other cell phones with videos and photographs and have been able to access them.
Only two iPhones remain to be examined, she said.
The latest delay has to do with several motions filed by Anthony Resetarits’ attorney, Phillip Weidner, and Joseph Resetarits’ attorney, Michael Moberly. Bauman granted Lawson an extension to June 10 to respond to those motions.
“That’s the real delay,” Lawson said.
In April, Moberly filed motions to dismiss the indictment, to compel disclosure of the juvenile victim’s records for review, to compel disclosure of the juvenile codefendant’s records for review and to compel disclosure of a juvenile witness’s records for review. Through the Office of Victim’s Rights, the victim filed an opposing motion to compel disclosure of his records.
Weidner also filed a motion to dismiss the indictment and to hold an evidentiary hearing regarding alleged violation of Anthony Resetarits’ constitutional rights under Alaska Rules of Criminal Procedure. Moberly joined that motion.
The next hearing in the case is a trial call on July 30 the week before the scheduled trial.
Michael Armstrong can be reached at firstname.lastname@example.org.