Resetarits brothers’ assault trial slated to start Monday in Homer

The trial date for two brothers charged with sexual assault remains scheduled for Monday, but a hearing late Wednesday after press time could change that. 

In a hearing held May 28 at the Kenai Courthouse, Superior Court Judge Carl Bauman set a date of Aug. 4 in Homer for the jury trial of Anthony Resetarits, 22, and Joseph Resetarits, 19. Bauman held a hearing at 3:30 p.m. Wednesday in the Kenai Court for assistant district attorney Kelly Lawson and defense lawyers to discuss the status of the case and when it should proceed.

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. 

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. 

The brothers’ lawyers, Anthony Resetarits’ attorney, Phillip Weidner, and Joseph Resetarits’ attorney, Michael Moberly, had earlier filed motions in the case. Wednesday’s hearing was to consider the status of those motions and other issues.

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.

Lawson was in Homer for another trial and did not respond to messages on the status of the case. Weidner and Moberly did not return messages by press time. An update on the trial will be posted on the Homer News website at homernews.com.

Michael Armstrong can be reached at michael.armstrong@homernews.com.

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