Judge apologizes to Silicon Valley developer charged with sexually assaulting wife


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SAN JOSE, California — A judge in San Jose has apologized to a Silicon Valley real estate magnate who was accused by his wife of committing a sadistic sexual assault that both prosecutors and the judge determined never happened.

The San Jose Mercury News says (http://bit.ly/1B2Kh53) Superior Court Judge Ron Del Pozzo on Friday found 75-year-old Clyde Berg "factually innocent" of the crime that his wife alleged took place in the couple's San Jose home in late 2012.

Ellena Berg claimed that when she was 9 months pregnant her husband kept her chained to a bed at gunpoint for two days and raping her with a golf putter.

The Santa Clara district attorney initially charged Clyde Berg with corporal injury of a spouse and sexual penetration by force. The charges were dropped last year after the judge concluded the evidence did not support the allegations.

Information from: San Jose (Calif.) Mercury News, http://www.mercurynews.com

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