Neither attorney disagreed Tuesday that Eric P. Darwitz participated in an alcohol-fueled sex party with two 16-year-old girls he had coached at Park High School in Cottage Grove.

But defense attorney Earl Gray disputed the prosecution's allegations in Washington County District Court that Darwitz, 31, was a "person of authority" when the sex occurred. Gray said that the party happened after Darwitz had resigned his job as girls' hockey coach.

"Make no mistake, my client's not proud of this," Gray said of Darwitz.

In Minnesota, 16 is the age of consent for consensual sex in most circumstances. However, anybody in a position of authority over a person between the ages of 16 and 18 and is at least four years older is prohibited from having sexual intercourse with that person. Darwitz is charged with two counts of third-degree criminal sexual conduct.

In opening statements during the felony trial, prosecutor Mike Hutchinson described to a jury of seven men and five women how Darwitz sent a text message to the girls in August 2006, inviting them to a party. Darwitz and a male friend drove the girls to a house in Woodbury, where Darwitz had sex with one girl and then the other after they were served alcohol, Hutchinson said.

Darwitz resigned the Cottage Grove job on Aug. 9 by means of an e-mail to the school's athletic director but the sex occurred only two days later, Hutchinson said. The girls had participated in a July hockey clinic that Darwitz taught, Hutchinson said.

Gray, however, said Darwitz told his team in July 2006 that he was resigning his job, and said that the girls heard that announcement.

Both attorneys described a sex party that took place in two rooms of the house in the 6700 block of Sherwood Road. One girl brought condoms in her purse, Gray told the jury, and he said at one point Darwitz joined both girls in the shower, where they were kissing.

"All three of them were no doubt somewhat intoxicated," Gray said. "You will hear testimony that the girls thought it would be cool to go with their old coach, by that I mean past coach."

Darwitz sat with his head bowed during much of Gray's presentation to the jury. Darwitz most recently coached under-16 girls' hockey at Shattuck-St. Mary's, a private preparatory school in Faribault, Minn.

The school put him on paid leave after learning of the Washington County charges.

Hutchinson told the jury that Darwitz targeted the first girl by taking her alone onto the patio of the house and serving her alcohol.

"She was the one he wanted to have sex with," Hutchinson said. "A coach having sex with a player."

Gray countered: "He wasn't their coach. He wasn't in a position of authority."

The trial is scheduled to continue Wednesday.

Kevin Giles • 612-673-4432