San Jose
– A veteran San Jose police officer remains in county jail
following arraignment Friday in Santa Clara County Superior Court
on two felony counts of committing lewd acts with an 11-month-old
baby girl.
San Jose – A veteran San Jose police officer remains in county jail following arraignment Friday in Santa Clara County Superior Court on two felony counts of committing lewd acts with an 11-month-old baby girl.
Stephen Gallagher, 49, was arrested while on duty Wednesday in connection with an incident that occurred the night before in a home just outside Morgan Hill city limits, police said. He is being held without bail.
“We requested no bail due to the seriousness of the charges and potential risk of retaliation,” Deputy District Attorney James Gibbons-Shapiro said Friday.
Sheriff’s deputies arrested Gallagher, a 22-year veteran, at the San Jose Police Administration building. He was led away in handcuffs.
Gallagher was off duty and legally at the infant’s home during the time of the incident late Tuesday night, according to Santa Clara County Sheriff’s Deputy Terrance Helm.
“The mother found evidence of the molestation, and then she turned it over to the San Jose P.D.,” said Helm, who refused to disclose the nature of the evidence collected.
Gibbons-Shapiro with the District Attorney’s Department’s sexual assault crimes unit, also declined to provide details on any evidence related to the investigation, including whether the infant was examined by a physician.
Early Wednesday morning, sheriff deputies received a call from the San Jose Police Administration, alerting them of an allegation of sexual abuse involving one of their officers.
Helms would not say what the molestation was, or say what type of relationship Gallagher had with the girl and her mother.
He also would not say in what area of unincorporated Morgan Hill the alleged incident occurred. He did say Gallagher did not live at the home where the alleged incident occurred.
Gibbons-Shapiro also offered few details about the charges or the investigation, which is continuing.
Superior Court Judge Marliese Kim issued a protective order Friday prohibiting any contact by the suspect with the victim, Gibbons-Shaprio said.
The San Jose Police Department has placed Gallagher on paid administrative leave, spokesman Enrique Garcia said.
San Jose Chief Rob Davis said the department is cooperating with sheriff’s department investigators, though he would not comment specifically on the this case.
“When the San Jose Police Department receives cases like this, it doesn’t matter who the suspect may be, we do everything we can to make sure they are investigated properly,” Davis said in a statement.
A bail hearing is scheduled at 8:30am Feb. 9 in Dept. 23, Santa Clara County Superior Court.
If convicted of both charges, Gallagher could be sentenced up to 10 years in state prison and then be compelled to register as a sex offender. Conviction on both charges would count as two strikes.
Anyone with further information regarding the case may contact Sheriff’s Detectives Carl Neusel and Dennis Owens at Sheriff’s Investigations at 808-4500.
