Two Morristown men accused of sexually assaulting a teenage girl last September will remain in the Morris County Juvenile Detention Center at least until several DVDs of testimony from the accused are reviewed by defense.
Monday's appearances were for house arrest , who were 17 at the time of the alleged incident and are being seen in family court.
The two 18-year-olds—whose names are not being released because of their ages at the time of alleged incident—went separately before Morris County Superior Court Family Division Judge Michael Paul Wright Monday afternoon. In both appearances, prosecutors argued the men had admitted, both when giving testimony to Morristown police and in a phone call with the alleged victim that was heard by police, to having given the alleged victim something to drink that caused her to fall in and out of consciousness and then took turns having sex with her.
One of the accused, however, was not originally implicated in the original complaint filed in May, public defender Patricia Kay said. Prosecutor Samantha DeNegri noted, however, the other 18-year-old not being publicly named, and , had implicated the third person in testimonies.
Kay said her client had been "out in the community with this woman since September and there has not been a problem."
"He will show up, he will do what he needs to do" if he is allowed house arrest, the public defender said.
The new "discovery" evidence had yet to be reviewed by the defense, which had only received the DVDs on Monday. Wright said if anything on those DVDs lead the defense to believe a case could be made for granting house arrest to the accused, he would revisit their arguments.
Thus far, however, "the testimony in the proofs has been pretty strong," the judge said.
"I think she needs to watch that," DeNegri said to Kay, regarding the DVDs. "They acknowledge her (the alleged victim's) state of incapacitation."
The accused 18-year-olds are due to return to court on Sept. 26 at 1:30 p.m.