A felony charge of lewd and lascivious conduct filed against a
Britton Middle School substitute teacher was dropped when he was
arraigned last Tuesday. Tras Berg, 27, of Hollister, entered an
innocent plea to a misdemeanor charge of annoying and molesting a
13-year-old Morgan Hill girl.
A felony charge of lewd and lascivious conduct filed against a Britton Middle School substitute teacher was dropped when he was arraigned last Tuesday.
Tras Berg, 27, of Hollister, entered an innocent plea to a misdemeanor charge of annoying and molesting a 13-year-old Morgan Hill girl.
“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 a felony charge was not appropriate for the “peck” on the girl’s cheek.
The investigation is continuing, however, he said, and if conduct that warrants a felony charge is brought to light, the District Attorney’s office can refile the charge.
Berg had been substituting at the school on a long-term basis for an injured science teacher.
Police said the incident was brought to their attention by the parents of the victim who was one of Berg’s students. The girl had received e-mails, handwritten and typed letters, poems and phone calls at home from the suspect.
Berg had been substituting at Britton on a long-term basis for an injured science teacher and had substituted at Live Oak High School at the beginning of the 2001-2002 school year. He was originally released from the Santa Clara County main jail after posting $25,000 bail.
Berg was suspended by the school district after his arrest.
Mestman said the victim and her family have cooperated with police during the investigation, and as a result, police have letters, e-mails and poems to the defendant written by the victim. They also have recordings of phone conversations between the defendant and the 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,” Mestman said.
There won’t be a possibility of a plea bargain in this case, Mestman said.
“The DA’s office is not making deals on this case,” he said.
