Anthony Bertolone, a Drake University student charged with third-degree sexual abuse of another Drake student, won a partial victory Oct. 20 in Polk County District Court.

The court granted a request by Bertolone’s defense lawyer, Alfredo Parrish, that the alleged victim be required to preserve electronic evidence of any communication between him and Bertolone from 2007 to present, according to court records.

Bertolone’s Sept. 8 application to preserve all electronic evidence as referring to third-party service providers was denied. Phone service or Internet providers would not need to hold all phone call records, voicemails, text messages, e-mails or any other evidence.

Bertolone pleaded not guilty to third-degree sexual abuse Sept. 13.

The Drake senior is accused of assaulting a fraternity brother at the Sigma Chi house various times between September 2009 and July 2010, according to police reports.

The victim had no recollection of the assaults and learned of it through pictures and videos he discovered on Bertolone’s computer, according to police.

Bertolone’s membership in the fraternity has been revoked, but he is still attending classes at Drake.
His trial is tentatively scheduled for Nov. 15.