A felony charge of lewd and lascivious conduct filed against a
Britton Middle School substitute teacher from Hollister was dropped
at his arraignment last week.
MORGAN HILL – A felony charge of lewd and lascivious conduct filed against a Britton Middle School substitute teacher from Hollister was dropped at his arraignment last week.
Tras Berg, 27, pleaded not guilty to a misdemeanor charge of annoying and molesting a 13-year-old Morgan Hill female, the lesser of the two charges initially brought against him.
“The misdemeanor charge carries a penalty of one year in jail, a $1,000 fine and lifetime registration as a sex offender,” Santa Clara County Deputy District Attorney Robert Mestman said Friday. “Police were conducting the investigation, and the only conduct was a peck kiss.”
Mestman said the felony charge was not appropriate for the peck on the female’s cheek. The investigation is continuing, however, he said, and if conduct that warrants the felony charge is brought to light, the district attorney’s office can refile the charge.
Mestman said the alleged victim and her family have cooperated with police during the investigation, and as a result, police have letters, e-mail and poems to the defendant written by the girl. They also have recordings of phone conversations between the defendant and the alleged victim.
“(On the recordings) The defendant makes statements of a sexual nature, such as telling her the size of his penis, talking about things he would like to do with her,” Meastman said.
There is no possibility of a plea bargain in this case, he said.
“The DA’s office is not making deals on this case,” Meastman said.
