A former Drake student accused of raping one of his fraternity brothers admits to providing the alleged victim alcohol and drugs so he could have sex with him.
After five days of testimony, the defense rested its case Friday morning. Anthony Bertolone is charged with five counts of third degree sex abuse. The charges were filed after the alleged victim found video of Bertolone performing sex acts on him while he was asleep or passed out. Bertolone claims the relationship was consensual.
The trial ended with two and a half hours of testimony from Anthony Bertolone. Thursday, he was on the stand for four and a half hours. Bertolone tried to convince the judge that his relationship with the alleged victim was more than just sex. He claims the two Drake fraternity brothers were in love.
“You provided him alcohol right?’ says the prosecutor. “Correct. Other brothers did too,” says Bertolone. “And marijuana?” says the prosecutor. “Correct, yes,” says Bertolone. “And you did that when you wanted to have sex with him, right?” says the Polk County prosecutor.
Anthony Bertolone describes himself as bi-sexual. He claims he had an on-going relationship with a fraternity brother; a relationship that involved lots of parties, drugs, and alcohol so they could have sex.
“Didn`t you tell Dr. Logan that you deliberately gave him alcohol and marijuana to lower his inhibitions, right?” says the prosecutor. “Yes, it`s the same. I would have bought shots for a female at a bar, yes,” says Bertolone.
Bertolone claims his relationship with the alleged victim was about more than just sex.
“I was very much in love with him. There was quite a bit more into the relationship,” says Bertolone.
Prosecutors kept asking about the videos. They wonder how a relationship can be consensual if the alleged victim is passed out in nearly all of them.
“Out of the 100 some videos none of them show him having oral sex on you?” says the prosecutor. “No,” says Bartolone.
There are 131 videos. Only one of them shows the alleged victim actively participating.
“That`s the only one you can point to that shows some activity by (bleep name)?” says the prosecutor. That we recorded, yes” says Bartolone.
Since this is a bench trial, there were no closing arguments. Both the defense and prosecution have until April 6th to submit their closing statements. The judge then has 60 days to make his decision.