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.

"We have to let our detectives do their jobs. I know our police department is working incredibly hard to find the truth. And once there’s more information, our police department will be able to share it at that time," said Mayor Matt Mahan, (D) San Jose, outside city hall, in response to the development.

On Thursday, San Jose police confirmed a criminal investigation of the 42-year-old. Published reports said the investigation centers on child sexual abuse material.

"You never want to find yourself in this circumstance. And that’s why people who do chat like this online, are subject to being extorted. And that’s what he’s saying," said Steven Clark, a legal analyst who has worked as both a prosecutor and criminal defense attorney.

Published reports said Torres sought online sexually explicit images of a minor. Police detectives issued a search warrant for his electronic devices and passcodes. Torres said he complied and has since dropped out of public view.

Other council members have declined to comment about the ongoing controversy.

"You want to keep a bit of a distance because you don’t want to be the one seen too close to the guy who… and in general we tend to back away from colleagues who’ve been accused of pretty heinous and awful things," said Peter Loge, an assistant professor of media & public affairs at George Washington University.

Experts said online activity can be a snare because it’s hard to tell a person’s identity, or motive.

"It’ll be very important in this case, the mindset of councilman Torres. Did he believe he was communicating with someone under 18?," said Clark. "They’re gonna have to show he knew he was communicating with a minor and said things that were inappropriate."

Torres did not respond to a KTVU request for an interview. He issued a statement which read in part he’s the victim of retaliation, after he went to the police.

"It’s heartbreaking that my family, my partner, my team, and myself have to respond to such unfounded and defamatory allegations," he wrote.

Experts said in the rough and tumble world of politics, allegations are enough to do severe damage to a person’s reputation.

"Accusations stick. Whether you’re guilty or not, people will think, ‘Oh well, maybe there’s something there he’s not telling us,’" said Loge.

Mayor Mahan said city business will continue while police detectives try to determine the facts in this investigation.

"We’re gonna stay focused on serving the people of San Jose. And again, all I can say is it’s an ongoing investigation and we’ve got to let the city’s detectives do their jobs," he said.

Torres has not been charged and police did not take him into custody when the warrant was served.

The district attorney’s office will decide if charges are filed.

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