A former Penn State student originally incarcerated for sexually assaulting a 19-year-old woman in his fraternity house had charges of drug possession continued yesterday after a Pennsylvania Superior Court reversed his original sentence in 2004.

Daniel Purtell's lawyer, Joseph Amendola, asked Judge Thomas Kistler for a section 17, which is a drug-act program typically reserved for people charged with nonviolent drug crimes. Amendola said the person's record could be cleared after a period of probation. Assistant District Attorney Karen Kuebler said section 17 was not an appropriate sentence for Purtell because of his history.

In 2002, a jury unanimously convicted Purtell of sexually assaulting and indecently assaulting a woman in his Sigma Alpha Epsilon fraternity house, 200 E. Beaver Ave. He was sentenced to a minimum of three years and three months without chance of parole.

Amendola said that after the State College Police Department received a search warrant for the sexual assault incident, they found a small amount of cocaine, a rolled-up dollar bill, two grams of marijuana and drug paraphernalia in Purtell's room.

The woman, who left Penn State after the incident, said at the trial that she went into Purtell's room to retrieve her purse. She said he was snorting cocaine when she walked in and he pushed himself onto her and tried to force her to perform oral sex. The victim also claimed another Sigma Alpha Epsilon fraternity member, John Di Nuzio, sexually assaulted her that night, but charges were later dropped.

In 2002, the Interfraternity Council announced it would not recognize Sigma Alpha Epsilon as a member of the council because of several charges. A year later, the IFC later re-instated the fraternity into the council.

Purtell served more than two years in state prison, but the Superior Court reversed the original sentence. The sexual assault charges were dismissed because Assistant District Attorney Karen Kuebler said the victim did not want to retestify.

"She had moved on with her life and did not want to go through the trauma again," Kuebler said.

Amendola was asking for a section 17 because of Purtell's good behavior and desire to succeed during and after his incarceration.

"He helped inmates learn to read and get their GEDs [General Equivalency Diplomas]," Amendola said.

Judge Kistler said he read a number of letters submitted on behalf of Purtell from family and friends, explaining that his actions were not characteristic, but Kistler said he would not grant a section 17. "You can't win on 17," Kuebler said. "He must meet all requirements of the act."

After the lawyers took a recess, they decided to continue the sentence until Feb. 21 because District Attorney Mike Madeira could not discuss other options with Amendola at that time.