Friend-turned-stalker extorted councilmember after exchanging sexual fantasies: lawyer

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SJPD investigating councilman accused of soliciting child sexual abuse material

San Jose Mayor Matt Mahan said, on Friday, that hes limited in what he can say in regards to an SJPD investigation into Dist. 3 council member Omar Torres. The 42-year-old is accused of soliciting child sexual abuse material. Torres, in a statement issued on Thursday, said hes the victim of extortion.

In an update to a story we brought you last week, San Jose City Councilmember Omar Torres says through his attorney that the investigation he is involved in pertains to private communication he had with a consenting adult and that the relationship took a dark turn. 

Torres' attorney issued a statement on Thursday regarding recent allegations and the San Jose Police Department investigation of the first-term District 3 representative. Last week, police confirmed Torres was being investigated for child sexual abuse material. At the time, Torres said the allegations were "entirely false." 

According to published reports, Torres sought sexually explicit images of a minor online. The councilmember complied with detectives who obtained his electronic devices and passwords. 

In the statement, issued by the Law Office of Nelson McElmurry they wrote, "The content referenced in the affidavit pertains solely to private communications between adults of age that involved talk of outrageous fantasy and role play." The statement clarifies the communication was not based in real-world action and the intent was entirely fictitious.

The attorney explains the online relationship began with someone who was 19 years old at the time and that the communications began in February 2022. They described this individual as a "friend-turned stalker" and that the councilmember was steered into conversations the individual knew would be damaging to Torres' reputation. 

"Under the guise of eroticism, he would insist on discussing topics related to my client's interest in the young man's age group and continued pushing the boundaries until my client felt compelled to reciprocate the talk as part of the role-play scenario," Torres' attorney said. 

Once the conversation crossed into this territory, that's when Torres' attorney said the extortion began. They said Torres felt manipulated after the individual used false statements, made during role play, against him and would ask for large sums of money. 

Torres' attorney said his client reported his situation to law enforcement. They reiterated that he has been cooperative in the investigation and that he wants to clear his name. Torres' attorney concluded that their client wants to get back to serving the people of his district. 

The San Jose Police Officers Association fired off an accusatory statement against Torres on Thursday. They have asked the councilmember to resign immediately.

Their statement says Torres must face consequences for his "alleged wretched behavior that includes exploiting children for sex, paying hush money to cover it up, and detailing his sexual exploits with an autistic child. He must resign, and this investigation must also focus on Torres' colleagues and on city management." The police officers union wants to know who knew what and when did they know it. 

Last week, when the story was first reported, Mayor Matt Mahan only said the police department was working hard to find the truth, but did not elaborate.  

Previous reporting by KTVU's Jesse Gary is included in this report. 

San Jose police investigating councilman accused of soliciting child sexual abuse material

Embattled San Jose city council member Omar Torres said he’s the victim of "entirely false" accusations. This, after San Jose police detectives launched a criminal investigation into the first-term Dist. 3 rep.