The Britton Middle School substitute teacher arrested for
inappropriate behavior with a 13-year-old female student was
sentenced Monday to eight months in jail followed by three years’
probation.
MORGAN HILL – The Britton Middle School substitute teacher arrested for inappropriate behavior with a 13-year-old female student was sentenced Monday to eight months in jail followed by three years’ probation.
Hollister resident Tras Berg must also register as a sex offender for the rest of his life.
Berg, on a long-term substitute position teaching science at the middle school, was arrested in December after the girl complained to her father and police were called. The girl told police she had received e-mails, letters and phone calls from Berg.
Berg has pleaded no contest to a misdemeanor charge of annoying and molesting a minor. An additional charge of lewd or lascivious acts with a child – a felony – was dropped.
Before sentencing, Santa Clara County Superior Court Judge Kenneth Shapero heard from the victim’s father, the prosecuting and defending attorneys and from Berg.
The girl’s father read a letter to the court asking for the maximum punishment because of the “impact this has had on my daughter – accelerating her maturity, making her ask ‘Why me?’ and to have a major lack of trust in people. It is the most horrible feeling not knowing what long-term affect this will have on her,” he said.
The father, whose name was not mentioned in court to protect the victim’s privacy, said Berg took full advantage and said published reports, based on information from the Morgan Hill Police that Berg gave the girl only a “peck on the lips,” were wrong.
“With body language and body positioning, he had the intention of going all the way,” the father said. “It was way, way more than a peck on the lips.”
He said he was proud that his daughter was able to “pull back from the kiss” and not let things proceed further.
Deputy District Attorney Robert Mestman said the report from the Santa Clara County Probation Department declared Berg was still having trouble coming to terms with his actions.
“Basically, he says he got burnt (caught) – he didn’t necessarily express regret,” Mestman said.
Defense attorney Thomas Worthington said his client had an “excellent background” but is “remarkably immature for his biological age. He sees himself as a good, law-abiding person who would be a wonderful teacher.”
Berg read a letter to his victim, saying he was sorry to have caused so many hurtful feelings to her and her family but that he was only expressing his caring for her.
“I wished her no harm and hope someday she (and her family) will find it in their hearts to forgive,” Berg read from the letter.
Mestman called Berg’s letter “an outrageous statement. He still has not come to terms with what he has done. After counseling and being convicted, he has the gall to stand up and make those statements.”
In the end, Shapero imposed the eight-month sentence instead of the maximum one year “to keep a handle on things.” After serving the sentence, Berg will be under the eye of adult probation for three years. If he served the entire year, he would go free with no probation supervision.
“I want you in a supervisorial environment,” Shapero said to Berg. He said Berg’s lack of a record and that he gave a deposition about the case early in the proceedings were the only things in his favor.
Berg will surrender to Santa Clara County Jail on Monday, May 19. He will get credit for the two days already served but will not be eligible for early release under any condition.
Shapero also imposed an order for restitution to the victim, the courts and police department, most amounts to be determined by Berg’s ability to pay.
Berg must also continue in a psychological treatment program and must never accept employment or a volunteer job that puts him in a supervisorial position over children under 18.
