A Centre County judge has granted the destruction of court records in the case of a Penn State football player acquitted last August of sexual assault charges.
Judge David E. Grine granted a request by the lawyer representing Anwar Phillips to expunge documents related to the case. Pennsylvania law mandates that someone acquitted of a crime has a right to have records pertaining to the case destroyed.
Centre County Prothonotary Debra Immel said her office, which is responsible for all court records, generally handles 50 to 60 expungement cases a month.
A Court of Common Pleas judge and the district attorney's office must first approve the request, at which point all agencies related to the court, including state and local police, the prison, the probation department and the district justice's office, must destroy all documents related to the case.
"After an expungement, there is absolutely no evidence of the case left in [the prothonotary's] office, the FBI's office or the state police," Immel said.
Immel said the one exception is that the district attorney's office is permitted to keep a private record of the case to assist them in any future prosecutions.
District Attorney Ray Gricar said his involvement in the process was superfluous. "In 19 years, I have never opposed an expungement after an acquittal. The person has an absolute right to an [expungement]," Gricar said.
After the agencies destroy their records, they are required to send an affidavit to the court stating they have complied with the expungement order.
Phillips said he would have to speak with his coach before deciding whether to comment, and his lead attorney, Anthony DeBoef, failed to return phone calls seeking comment.
Penn State Sports Information Director Jeff Nelson said that no comment would come from the football team or the athletic department regarding the expungement.
Phillips was charged with sexual assault in March of 2003 because of an incident that occurred on Nov. 12 at the on-campus apartment of the woman who accused him. Both Phillips and the woman, then a Penn State student, admitted to having intercourse. The woman said it was not consensual, but Phillips said it was.
Phillips was acquitted of all charges on Aug. 26, 2003. However, he "accepted responsibility" for sexual assault in his Judicial Affairs case and served a two-semester suspension from the university. He returned to the Penn State football team in September after the suspension had been served and he was acquitted.

