A second Morristown man accused of sexually assaulting a teenage girl in September 2011 was denied house arrest on Monday.
The second 18-year-old, like , has not been named due to his age at the time of the incident. However, Morris County Assistant Prosecutor Justin Tellone told Morris County Superior Court Family Division Judge Michael Paul Wright the charge of first-degree aggravated sexual assault, if upheld, could carry a prison sentence of up to 20 years.
"The facts are clear in this case," Tellone said.
Those facts, he noted, included testimony last week by two others— and one adult who has yet to be publicly identified—charged with the sexual assault that placed the third individual at the scene. Testimony last week also included admission by the individual himself, Tellone said.
Morristown Police Det. Richard Lamperti, during testimony Monday, said it was the third individual who told police it was his idea to drive from the Hazel Street residence they were at to a secluded spot on Monroe Street, near Evergreen Cemetery, once the three had given the alleged victim a beverage that caused her to become unconscious.
The 18-year-old in court Monday also indicated to police the alleged victim, going in and out of conscious, had said "no" at the time of the alleged incident only to have the then-17-year-old push her down, Lamperti said.
When public defender Patricia Kay asked Lamperti why it had taken the alleged victim until May to report an incident that had happened in September, Lamperti said, "she was afraid, she was humiliated and she didn't know who to turn to."
The detective told the defense attorney the alleged victim had confided in someone who had encouraged her to come forward.
When Kay asked if her client had admitted to police he had sex with the alleged victim, Lamperti said, "yes, he told us he had a condom on for that express purpose."
The 2012 graduate also has had charges of simple assault and possession of marijuana, Kay said, but has served his time.
"This allegedly happened in September, it's reported to police in May. He's arrested in August," Kay said. "If he was such a threat, things would have happened much more quickly."
"This is a first-degree aggravated sexual assault charge," Tellone said. "The co-defendants indicated this juvenile was part of the idea. Even in his own interviews [he admitted to his involvement]."
Still, the judge addressed a concern of the defense attorney that evidence gathering by the prosecution could drag out her client's time at the Morris County Juvenile Detention Center.
Wright gave a deadline of 1:30 p.m. Aug. 27—the same time —for prosecutors to present the evidence in the case.
"I find that releasing him would be completely inappropriate," Wright said.