Hollister man, on long-term assignment in Morgan Hill, arrested
for lewd and lascivious conduct
By DALE RODEBAUGH
Pinnacle Staff Writer
One of the founders of a Hollister slow-growth group was
arrested Christmas Eve by Morgan Hill police on suspicion of lewd
and lascivious conduct with a 13-year-old girl.
One of the founders of a Hollister slow-growth group was arrested Christmas Eve by Morgan Hill police on suspicion of lewd and lascivious conduct with a 13-year-old girl.
Tras Berg, 27, a substitute teacher at Britton Middle School in Morgan Hill, was arrested as he left his home in Hollister.
Berg has been in the news over the past year as one of the architects of WATCHDOG, a Hollister group that lobbied for and received a growth cap in the city limits.
Berg referred questions to his attorney, Thomas Worthington of Hollister. Worthington was not available for comment. He did send an e-mail to the newspaper asking that reporters “get the facts straight” before printing anything, implying that other publications had not.
“Thank you in advance,” he wrote, “for your sensitive treatment of this issue. Jail was an awful place to spend Christmas.”
Berg, who was booked at Santa Clara County Jail, posted $25,000 bail on Christmas Day, said Morgan Hill Police Sgt. Troy Hoefling.
Chester Phillips, an attorney at The Worthington Law Center, which is representing Berg, said this week that he could make no substantive statement because he hasn’t seen police reports.
“I don’t know exactly what they’re saying so I can’t tell you very much,” Phillips said.
The 13-year-old was the alleged recipient of Berg’s alleged unwanted attention, which took the form of e-mails, handwritten and typed poems and phone calls to her home, according to Hoefling.
It’s not clear how long the communication between Berg and the teenager lasted.
“As far as we know there was a single incident of physical contact, a kiss on the mouth that took place on campus during a break,” Hoefling said.
The victim, who along with her father reported the incident to police on Dec. 22, said Berg’s attention made her feel uncomfortable, Hoefling said.
“In a case like this, you put the information out there and hope there aren’t more victims,” Hoefling said.
Berg, who taught industrial arts, had been a longtime substitute in the district, said Denise Tate, assistant superintendent for human resources. He taught at Live Oak High School during the 2001 fall semester and had been employed periodically at Britton since February, Tate said.
On his most recent Britton assignment, Berg was filling in for a teacher who is convalescing from a sports injury.
In accordance with the state education code, Berg immediately was suspended, Tate said. The California Commission on Teacher Credentialing also was notified, she said.
Tate said she and Superintendent Carolyn McKennan learned of Berg’s arrest when they returned home Christmas Eve to find telephone messages from police Chief Gerry Galvin.
Berg was booked for violation of Penal Code sections 288(a) – lewd and lascivious acts with a child under 14 years old – and 647.6 – annoying and molesting children.
The former, a felony, involves acting with the intent of arousing the passion and sexual desire of a minor, Hoefling said. The latter, a misdemeanor, involves bothering a person under 18 years old.
The investigation continues, Hoefling said. Berg is scheduled to be arraigned Tuesday in Santa Clara County Superior Court in San Martin.
