Judge Denies Former Drake Student's Bid for New Trial

KCCI.com

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By Ellen Kurt

Story Created: Sep 6, 2012 at 3:05 PM CDT

Story Updated: Sep 6, 2012 at 3:05 PM CDT

DES MOINES, Iowa — A Polk County judge ruled Thursday on a motion for a new trial in the case of a former Drake student who was convicted of assaulting his fraternity brother.

Judge Scott Rosenberg denied Anthony Bertolone's request for a new trial.

Bertolone was sentenced last month to 20 years in prison for sexually assaulting his fraternity brother.

Bertolone's lawyers argued the victim's medical records suggest he may have lied about visiting mental health doctors. And the 23-year-old's lawyers said he should get a new trial or at least have a chance to investigate the issue.

Bertolone 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.

Authorities said more than 160 photos and videos were found on Bertolone's computer of the assaults.