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Man tried for third time on charges of sexual assault

by The Daily Inter Lake
| July 20, 2010 2:00 AM

Attorneys made their opening statements in the third trial of Darwin Berosik Monday.

Berosik is charged with two felony counts of sexual assault with two teenage girls.

The prosecution alleges that Berosik sexually assaulted two minor girls in early 2005.

Deputy county attorney Travis Ahner said Berosik told one girl  he would take her car unless she performed a sex act on him. He told the other girl that he would turn her adult boyfriend into the police unless she did the same, Ahner said.

Berosik sexually educated the girls and provided them pornography and sex toys, Ahner said.

“Is this a ‘he said, she said’ case? In many respects it is,” Ahner said.

Defense attorney Jennifer Streano said Berosik “stood in the way” of what the two girls wanted.

“These girls practically raised themselves. There were little to no rules,” Streano said.

A female who was 16 at the time of the alleged crime, but is 22 now, testified Monday.

This is the third time Berosik is being tried on the charges. The first time, the jury couldn’t come to a unanimous decision. He was convicted in the second trial, but that verdict was thrown out by the state Supreme Court because of improper jury selection. The court said Berosik was entitled to be present when the process of picking certain jurors was moved to private chambers.

Berosik is incarcerated. The trial continues today.