THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, April 11, 1995 TAG: 9504110309
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: STAFF REPORT
DATELINE: CHESAPEAKE LENGTH: Short : 39 lines
A man charged with sexually assaulting the three daughters of his longtime live-in girlfriend was found not guilty Monday after a Circuit Court judge said there was not enough evidence for a conviction.
Charles A. Bergey, 50, of the 500 block of Forest Road, had been charged with 11 counts of aggravated sexual battery, indecent liberties, carnal knowledge, sodomy, rape and forcible rape from 1976 to 1987. The incidents allegedly occurred while Bergey was living with the women's mother.
Judge Robert S. Wahab said that it was clear Bergey had consensual sex with the women, but their testimony regarding their ages at the time, and other details, were vague and inconsistent.
During the trial, the judge dismissed all three charges regarding one of the women because she said she could not remember at precisely what age the incidents occurred and could give few details.
At the conclusion of the trial, Wahab said, ``The evidence has clearly shown they were accomplices with their willing consent. . . . It is insufficient to establish the guilt of the defendant beyond a reasonable doubt as the law requires.''
After the verdict, the three women wept and screamed comments at the judge.
``What am I supposed to do?'' cried one of the women.
The mother of the three women, shouting an obscenity as she left, yelled, ``I hope it's not your child or your grandchild.''
The judge ordered three deputies to escort the family from the courtroom after the three-day trial.
KEYWORDS: VERDICT SEXUAL ASSAULT SEXUAL ABUSE SEX CRIME by CNB