The Dane County District Attorney’s office believes a city employees’s accusation that she was sexually assaulted by a Madison alder, but will not pursue the case because of insufficient evidence.
Assistant DA Shelly Rusch said although the district attorney’s office will not follow up on the allegations of sexual assault made by assistant city clerk Elena Berg against Ald. Brain Solomon, Dist. 10, she believes the accusations are true.
“There is no doubt in my mind that Ms. Berg did not consent,” she said.
Despite Rusch’s convictions, a jury of 12 would have had to unanimously agree beyond a reasonable doubt for the allegations of sexual intrusion to be pursued, a letter sent by Rusch to the state Department of Justice said.
Solomon denied all allegations.
“[They are] false accusations,” he said. “I deny any wrongdoing, and it is a horrible thing to have happened.”
According to the letter, if the allegations had gone to trial, the defendant’s attorney would have presented the jury with a list of “reasonable hypotheses” consistent with the client’s innocence.
The letter went on to say that both Berg and Solomon were engaging in social drinking the night before the alleged assault in the early morning hours of April 14. Both were highly intoxicated.
Rusch also wrote the defense attorney could have argued Berg accepted a ride back to her house from Solomon, even though another coworker volunteered to drive her home. Consensual kissing occurred on the walk back to the car and on Berg’s bed.
The letter said at about 5 a.m. the following morning, Berg found Solomon penetrating her with two to three fingers.
Later that morning, however, personnel at the City County Building witnessed the two together and said that Berg was “tipsy” but not incapacitated. The two also appeared equally affectionate, Rusch said.
Solomon and Berg had contradicting accounts of the morning of April 14, Rusch said. Berg said that the digital penetration “really hurt,” while Solomon claimed Berg thanked him for respecting her boundaries.
Rusch said Berg suffers from specific psychological issues stemming from already being the victim of a past sexual assault. The jury may consider the issue of re-traumatizing a victim. If a case did take place, Berg would be required to consent to the disclosure of her otherwise confidential counseling records.
The defense could also use her past traumas as evidence of “buyer’s remorse,” Rusch said. This means the victim may have consented to the sexual act, but later wished she had not.
Rusch was skeptical of Solomon’s account, as he was aware that Berg suffers from trauma-related psychological issues.
“I can’t fathom how they could come up with that,” Solomon said, when asked to respond to Rusch’s skepticism. “I definitely didn’t do anything inappropriate.”
While the allegations will not be pursued, Rusch said this incident will be taken into account if Solomon is suspected of similar behavior in the future.
