A Hollywood teenager accused of raping a woman on her way to work and livestreaming part of the attack does not deserve to spend three to four decades in prison, his defense attorney argued Tuesday.
Terry Berger-Smith was 14 when prosecutors say he stalked the victim and raped her at 4 a.m. in June 2022 just 100 yards away from the Hollywood Police Department, telling her “he wanted to add her to his collection” and that he had AIDs. It is not clear if he actually had the disease.
Now 16, he faces four counts of sexual battery with great force and one count of kidnapping in connection with a felony. Those charges typically carry a maximum sentence of life in prison if the defendant is an adult. The state is offering Berger-Smith 30 years in prison and lifetime status as a sex offender, attorneys said in a Broward courtroom on Tuesday.
But Berger-Smith is still a teenager and “savable,” his attorney, James Lewis, argued. He wants the court to wait on the case until a pre-disposition report or “PDR” is filed, a kind of report for young offenders that recommends juvenile, rather than adult, sentences.
“I think a 30-year sentence, 40-year sentence for a 14-year-old child is just crazy,” he told Judge Peter Holden. “If we haven’t learned anything about 14-year-olds, and 15-year-olds, and their mental — ”
“It’s not a closing argument,” Holden said, interrupting him. “What do you want me to do?”
Lewis told him he wanted the continuance until the court gets the report. But prosecutors said Tuesday that the Bureau of Juvenile Justice doesn’t do reports for cases like this where a child is directly charged as an adult.
Lewis asked for three weeks to try to get the report, which Holden approved. But when he asked Holden to order the BJJ to complete the report, the judge refused, saying that Lewis had to bring people from the organization into court first.
Finally, Lewis asked for a hint as to what the sentence would be.
“I know it’s not in your regular position to give an indication … what the sentence might be, but this is such an unusual case and the stakes are so high,” the attorney said.
“If there’s one thing I like it is remaining consistent,” Holden interjected. “I’m going to remain consistent.”
Berger-Smith’s next court date is scheduled for Feb. 20.