FILE - In this Sept. 7, 2008 file photo, Model Gabriel Aubry and actress Halle Berry attends the Calvin Klein 40th anniversary party during Fashion Week in New York. Berry's ex-boyfriend Aubry was arrested for investigation of battery after he and the Oscar-winning actress' current boyfriend got into a fight at her California home, police said Thursday, Nov. 22, 2012. (AP Photo/Peter Kramer, File)

Associated Press
FILE - In this Sept. 7, 2008 file photo, Model Gabriel Aubry and actress Halle Berry attends the Calvin Klein 40th anniversary party during Fashion Week in New York. Berry's ex-boyfriend Aubry was arrested for investigation of battery after he and the Oscar-winning actress' current boyfriend got into a fight at her California home, police said Thursday, Nov. 22, 2012. (AP Photo/Peter Kramer, File)
FILE - In this Sept. 7, 2008 file photo, Model Gabriel Aubry and actress Halle Berry attends the Calvin Klein 40th anniversary party during Fashion Week in New York. Berry's ex-boyfriend Aubry was arrested for investigation of battery after he and the Oscar-winning actress' current boyfriend got into a fight at her California home, police said Thursday, Nov. 22, 2012. (AP Photo/Peter Kramer, File)
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