Andrew Brereton, the 19-year-old man who exposed himself to a
group of 6- and 7-year-old girls at Jackson School in June 2002,
will go to Santa Clara County Jail for eight months. He will
undergo five years
’ probation, must stay away from the victims, their families and
the school and must register as a sex offender for the rest of his
life.
Andrew Brereton, the 19-year-old man who exposed himself to a group of 6- and 7-year-old girls at Jackson School in June 2002, will go to Santa Clara County Jail for eight months. He will undergo five years’ probation, must stay away from the victims, their families and the school and must register as a sex offender for the rest of his life.
And he must undergo what psychological treatment the Probation Department proscribes. Brereton had pled ‘no contest’ to the misdemeanor charges of indecent exposure, annoying children and passing a bad check.
Santa Clara County Superior Court Judge Ray E. Cunningham pronounced Brereton’s sentence at a hearing Wednesday morning in San Martin, giving him credit for 24 days already served in jail. Brereton must also stay away from any place that sells alcohol or drugs or where such things are prevalent and he must not possess a firearm.
Failure to abide by these rules, Cunningham said, would result in a maximum of three years in state prison.
Brereton also has undergone psychiatric treatment and a drug and alcohol treatment program, though he was not arrested or charged for drug offenses.
Brereton’s attorney Thomas Salciccia warned against allowing public reaction to color a misdemeanor offense that his client had shown extreme remorse for, having written a letter of apology shortly after the incident.
He warned against a “stampede,” pointing out that Brereton did not actually touch the girls.
Salciccia said Brereton had been diagnosed with and treated for Attention Deficit Disorder (ADD) in 2000 and a recent evaluation by doctor Arturo Silva discovered a “maladaptive disorder.”
“In a battery of psychiatric evaluations, nowhere did pedophilia manifest itself,” Salciccia said. “The diagnosis (of pedophilia) was made by people whose children go to the school.” he said.
Brereton, he said, has passed a drug test every week, completed a 12-step program and a county outpatient program, made all court appearances and complied with all court directives.
A parent of one victims, who did not want her name made public to protect her daughter, described graphically what her child said Brereton was doing.
“This is not something she should know,” the parent said.
Deputy District Attorney Mark Hood told the court what Brereton had said when he approached one of the girls, exposed himself and masturbated in front of her.
“Do you want to look at this until lunch,” Hood said Brereton asked the girl. “Do you want to marry me, handle it and make it grow?” Then, when she was walking away from him, Brereton directed extreme profanity at her.
Judge Cunningham said this was the first time he had heard of the profanity.
“I know things have changed,” the judge said, “but in my youth people did not say those things to little girls.”
Hood contradicted Salciccia’s claim of remorse.
“In the probation report (Brereton) said ‘I’m innocent in the first case, the second case, the third case,’” Hood said. “It’s not that he was sorry; he was sorry he got caught.”
“You stole their innocence and this is inexcusable,” Cunningham said. “I can’t think of anything worse for kids that age.”
Brereton will report to jail at 5 p.m. on Friday, Feb. 6, 2004.
