A veteran San Mateo County Sheriff’s deputy and Gilroy resident accused of routinely molesting his daughter over the course of six years appeared Tuesday in South County Superior Court in Morgan Hill, where his bond modification hearing was continued until Thursday. At that time, his defense attorney is expected to make the case for lowering his bail amount, which currently sits at $2 million.
Galen Underwood, 40, was arrested at his family home in unincorporated Gilroy Sept. 25 by Santa Clara County Sheriff’s deputies following his daughter’s disclosure to a high school counselor that Underwood allegedly sexually assaulted her over a period of six years, starting when the victim was 11 years old, according to Santa Clara County Deputy District Attorney Stuart Scott.
Underwood faces up to 58 years in prison if convicted, and is charged with seven felony counts and one misdemeanor count related to the alleged prolonged sexual assaults, including continuous sexual abuse of a child younger than 14, sexual penetration and sodomy by force or duress, and sexual battery, among other charges, according to court documents.
“You’ve got multiple acts of forcible sex acts on a child starting at age 11,” Scott said. “In cases like this one where you’ve got six years of exploitation of a child, we only charge a handful of the counts to represent the totality of the victimization. This guy has dozens and dozens and dozens of sexual acts that are uncharged.”
Underwood has been out on disability leave for the “past few months” from his deputy post due to an unspecified work-related injury, according to San Mateo County Sheriff’s Deputy Rebecca Rosenblatt. She said as a result of Underwood’s arrest and per “standard protocol,” Underwood was placed on paid administrative leave, collecting a monthly salary of $8,899. But at some point between his arrest and Tuesday’s bond modification hearing, Underwood was switched to a non-paid status with the Sheriff’s Department. When asked why, Rosenblatt said she cannot discuss personnel matters.
Underwood is an eight-year veteran of the San Mateo County Sheriff’s Office and a 13-year veteran of the U.S. Air Force, from which he was honorably discharged as a staff sergeant, according to his former attorney Richard Pointer.
Instead of the scheduled bond modification hearing Tuesday afternoon, Scott and Redwood City-based defense attorney Chuck Smith, representing Underwood, met in Judge Alfonso Fernandez’s chambers for nearly 30 minutes.
Following the closed-door discussion, Reverend Jim Morrison of Los Altos took the stand for less than five minutes, answering Smith’s questions as to the defendant’s character.
Morrison said he’s known the defendant since 1988, and when asked by Smith if Underwood was a “churchgoer”, Morrison answered yes and added he believes Underwood would be responsible if released on bond.
Outside the courtroom, Scott shed some light on the investigation into the alleged extensive sexual abuse.
“It’s gotten worse,” he said, referring to the District Attorney’s case against Underwood. “Sheriff’s deputies have conducted more interviews and [Underwood] was more aggressive than we originally thought. Deputies are doing a great job expanding the investigation and we’ll come back with a stronger case.”
Scott said the DA’s office has no intention of lowering the $2 million bail, and that releasing Underwood on his own recognizance would be irresponsible.
“Underwood violated the public trust,” Scott continued. “There is no greater public trust violation than that of a police officer. You can make arguments for teachers or for government people, but a police officer has the duty to protect and to serve. And this guy is not even protecting his own children from himself. This guy has control issues.”
Underwood’s father and stepmother, who were sitting together during Tuesday’s hearing, declined to comment.
Child molestation is an “epidemic” according to Scott, who said the majority of cases go unreported.
“The point is, [Morrison] didn’t know Underwood was molesting his daughter,” Scott said. “Who you are is defined by what you do when you think nobody’s watching.”
Underwood lives at his Gilroy home with his wife of 20 years and the couple’s five children. The alleged victim is the oldest daughter. The names of the family members and the address of the home are redacted from police reports. Authorities declined to say if the victim is still residing at the Gilroy home, but Scott previously said, “She’s with her family in a safe place.”
The victim reported some of the incidents of assault occurred while the younger children were home, but Underwood preoccupied them with a movie or other activity and locked the door of the bedroom where the incidents with the now 17-year-old victim took place.
Underwood will appear 1:30 p.m. Thursday at the South County Courthouse in Morgan Hill for the continued bond modification hearing. He remains in custody at the Santa Clara County Jail.
