MORGAN HILL
– The Britton 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. Tras Berg,
the teacher, must also register as a sex offender for the rest of
his life.
MORGAN HILL – The Britton 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. Tras Berg, the teacher, must also register as a sex offender for the rest of his life.
The Hollister resident, on a long-term sub 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 himself.
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 the published reports (based on information from the Morgan Hill Police) that Berg only gave the girl a “peck on the lips” were wrong.
“With body language and body positioning, he had the intention of going all the way,” he 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 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.”
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.” Worthington said Berg showed “horrible judgment” to a student and let his wife down. “She is trying to understand,” he said.
Worthington said the (Morgan Hill) school district “must be terribly embarrassed to have hired such a person.” His client had made a “terrible mistake” and he asked for a lighter sentence because he has already paid in shame.
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.”
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!”
Shapero said he found Berg’s comments “‘interesting’. I hope that, with counseling, you will (ultimately) understand that the amount of pain, damage and injury you caused the victim and her family is incalculable. You took an impressionable young woman and took her in a direction where she had no business going.”
Shapero said no punishment he could impose could bring the young woman back to where she was.
In the end, the judge imposed eight months instead of the maximum one year “to keep a handle on things”. After serving a less-than-maximum 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. He said that 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 conditions.
Shapero also imposed an order for restitution, to the victim, the courts and police department, most amounts to be determined by his ability to pay. Berg must continue in the psychological treatment program, must never accept employment or a volunteer job that puts him in a supervisorial position over children under 18.
