SAN JOSE (CBS / AP) — A judge has dismissed all charges against a Silicon Valley real estate magnate whose wife accused him of chaining her to a bed for two days while she was pregnant and sexually assaulting her with a golf putter.

Santa Clara County Judge Ron M. Del Pozzo said Monday that Ellena Berg “is not worthy of belief.”

The judge said he and the Santa Clara County District Attorney’s Office concluded independently that there is not enough evidence to hold 74-year-old Clyde Berg for trial.

He was arrested last fall after police found 37-year-old Ellena Berg bloodied and bound in the couple’s San Jose home.

Clyde Berg claimed he was the victim of a scam to get around a restrictive prenuptial agreement.

Jenny Brandt, Ellena Berg’s attorney, said she was “incredibly disappointed.”

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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