DES MOINES, Iowa (AP) — The Iowa Court of Appeals has upheld the conviction of a Drake University student convicted of sexually assaulting a fraternity brother.
A Polk County judge last year denied Anthony Bertolone a new trial. Bertolone claims his constitutional rights to present an adequate defense were violated because he was denied access to the victim’s mental health records. The appeals court Wednesday upheld the judge’s ruling saying Bertolone failed to show the records would have changed anything. Justices also conclude evidence is sufficient to support a conviction on five counts of sexual abuse.
Bertolone is serving 20 years in prison.
He was accused of using an unidentified drug on a Sigma Chi fraternity brother and sexually assaulting him without the man’s knowledge for more than seven months in 2010.