60 witnesses,videos,pics,hospital report to police..Judge Dismisses Sexual Assault Against Homer Men

[J_J_]

Three people -- Anthony Resetarits, 22, Joseph Resetarits, 19, and an unnamed juvenile boy -- have been charged with sexually assaulting a drunk teen with an object after the boy passed out on a couch during a large party in Homer.

According to charging documents, after the boy passed out, Anthony Resetarits shaved an “M” in the boy’s hair, and other people at the party wrote on his body with markers. Afterwards, people at the party shouted out suggestions as to what to do next. An unidentified person suggested an obscene act.

Anthony Resetarits then sexually assaulted the boy with an object, with Joseph Resetarits also participating, charging documents state.

Many people at the party -- the estimated attendance was between 60 and 80 people -- witnessed the alleged assault, and some were photographing parts of it. Troopers recovered multiple photographs taken at the party, including one of two men sexually assaulting the boy.

http://www.adn.com/article/20140806/judge-dismisses-sexual-assault-case-against-homer-men

[J_J_]

1. Does anyone remember this story almost two years ago?

http://www.huffingtonpost.com/2012/10/10/anthony-joseph-resetarits-beer-bottle-sodomy_n_1955080.html

www.dailymail.co.uk/news/article-2214776/Football-player-brother-charged-raping-drunk-boy-passed-party-Alaska.html

[J_J_]

2. has anyone heard of a trial being thrown out because of witness inconsistency?

Isn't that what a trial is for?

Sexual assault case dismissed, due in part to witness inconsistencies
http://homertribune.com/2014/08/teen-witness-inconsistencies-riddled-resetarits-case/

[Erich Bloodaxe BSN]

8. From your link

The judge concluded “… a conspiracy among some of the party participants to lie or mislead the investigation to protect a favored youth would be troublesome and is noteworthy.” Some witness statements also pointed to a concerted effort by some at the party on Sept. 9, 2012 to “lie to protect B.K.,” the judge said.

Looks like the 'witness inconsistency' was intentional, and the judge knew it.

Although I would expect a certain amount of witness inconsistency to occur at a drunken party.

[J_J_]

10. this is why the trial should have been held sooner

why did it take two years?

They obviously bullied some witnesses.

No one at the time suggested it was anyone but them, everyone knew it, this is such a load of crap they expect us to believe now.

They were stalling the whole time, with the help of the judge and DA, then they asked for it to be thrown out becuase the trial was taking so long it was violating their rights.

[J_J_]

3. one more like if anyone wants to make comments

http://homernews.com/homer-news/local-news/2014-08-06/judge-spikes-resetarits-charges

I came here because I have read discussion several times about the rape culture and I thought you guys would care, and maybe help get this story out there. I am so infuriated and sad for the victim and mother.

Is there something we can do when there is an obvious payoff of judge and prosecutor?

[Kelvin Mace]

5. I sympathize and share your outrage

but what evidence do you have that a payoff was involved?

[J_J_]

12. not just me, look at the comments

why did it take two years

Why with so much evidence did they pretend they needed more apple iphone data, for two years, now they say it is taking too long and it wasn't even them.

Judge said he would write apple then forgot. Prosecutor was supposed to write apple, oops forgot. They were not even trying.

Cops didn't arrest for one month even though reported by hospital because it was in the middle of an important football playoff season.

One cop is coach, several administrators are coaches and protected perps.

Players were suspended for drinking but not for rape

[Kelvin Mace]

17. I wish it was a payoff

at least that I could understand. Sadly, I know from personal experience that this sort of shit happens all of the time. They were jocks, and thus far more important than anyone else.

[redqueen]

7. Circulate the story on social media.

Start a change.org petition calling for an investigation by the FBI? That's what happened after Anonymous got involved in Steubenville.

Ask people to share the links, and to ask others to do the sams. Sometimes people don't think about how many others there words might reach.

Thanks for posting this thread.

[Tuesday Afternoon]

20. great suggestions, redqueen.

posting a link to the petition here and at FB = there would be plenty of signatures.

[J_J_]

21. these are good ideas

do you have to put your name on a change.org petition? Big Bullies, small town.

I am not on facebook, don't have many good ways to circulate this, which is why I was asking for help.

[gollygee]

4. Reminds me of Steubenville

Where rape is seen as fun and games and not taken seriously. People see it, take photos, think it's hilarious. But prosecutors and judges don't always seem to take it seriously, and people seem to think that if someone got drunk it isn't such a big deal, or even that they deserved it. It is horrible and definitely is an example of rape culture.

[redqueen]

6. Exactly what I was thinking.

[uppityperson]

9. That sounds awful. I hope the dismissed means they are gathering more info and will then charge

them. It sounds awful.

Edited for fat finger typing typos.

Welcome to DU, how did you find us?

[redqueen]

11. It looks like there is a separate case going as well and that one hasn't stopped...

and yes it looks like they'll be reviewing the judges comments and presenting the case to another grand jury.

[J_J_]

13. no, he wasn't trying

he had two years and more evidence than anyone could possibly need....i have been following this closely and the stalling and incompetence is purposeful.

What avenue does a victim have if the prosecution fails miserably, purposely?

[J_J_]

14. !

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.”

Trial set for Homer brothers charged with sexual assault
http://peninsulaclarion.com/news/2014-02-25/trial-set-for-homer-brothers-charged-with-sexual-assault

then is was delayed...again...

Judge Bauman was to have written a letter(3 months earlier!) asking Apple to move the trooper search request up the waiting list, but said Monday he had not done that. Weidner said a June 2 trial date is not realistic because of the delay in processing cell phones.

http://peninsulaclarion.com/news/2014-05-14/june-trial-for-resetarits-brothers-could-be-delayed

[J_J_]

15. well, thanks for listening guys

I'll go be depressed alone....

[Dems to Win]

16. Thanks for bringing this info here. Maybe also try to contact Anonymous?

Tragic, infuriating story.

[J_J_]

18. would that be on twitter #anonymous?

is there another way?

[Dems to Win]

22. Try http://whyweprotest.net/

Twitter is also a good idea.

The website I gave you is for organizing Anonymous protests; there is a 'No Rape' section. (I'm familiar with the site because I protest Scientology, which they protest as well)

I hope they can help you.

[J_J_]

23. thanks

*

[Blue_Tires]

19. Unbelievable...

Is Resetarits an 'important' family name in that community?

[myrna minx]

24. Oh how awful.