Caught in the act on video tape, veteran officer pleads
guilty
San Jose – A veteran San Jose Police officer pleaded guilty Wednesday morning to two counts of lewd and lascivious behavior with his 11-month-old daughter, with his admission and a videotape from a “nannycam” of the event as evidence.
Stephen Gallagher, 49, remains in county jail without bail. His next court appearance is scheduled for March 10, when the county probation department will provide the court with a sentencing report. A sentencing date will likely be set at the March 10 hearing.
The felony charges carry a maximum sentence of five years each in state prison and a requirement for lifetime registration as a sex offender.
“Mr. Gallagher admitted substantial sexual contact with the infant,” Deputy District Attorney James Gibbons-Shapiro said during a press conference Wednesday.
The other key evidence was a videotape, described as poor quality by defense attorney Daniel Jensen.
Gibbons-Shapiro said the sexual contact was visible on videotape.
“There really was no defense,” he said, explaining Gallagher’s plea.
But Jensen said the evidence on the tape, which ran “possibly three and a half hours,” was ambiguous.
“During this time, he was feeding the child, changing diapers, all the normal activities in caring for a child,” said Jensen. “There was no behavior (by Gallagher) to encourage the child to touch him … The child walked up to him.”
The toddler walks unsteadily, Jensen said, but clearly approached Jensen rather than the reverse.
Gallagher did not stop the contact quickly enough, Jensen said. A jury, he added would “be outraged” that he had not stopped the contact sooner.
Gallagher had unzipped his pants and pulled them partially down, Jensen said.
“His intent may not have been as evil as one would think, but very, very stupid for allowing something like this to happen,” Jensen said.
If the case went to trial, he added, more counts could have been added to the original two counts, because each touch an be considered an offense.
“I’ve seen cases where an original charge or two escalated to 25 or 30 when taken to trial, extending the sentence far beyond the life of the defendant,” Jensen said.
Possibly the guilty plea would allow some leniency in sentencing, he suggested.
The molestation took place the evening of Feb. 1, and Gallagher was arrested Feb. 2 while on duty.
The toddler and her mother, who was Gallagher’s girlfriend, live in unincorporated Morgan Hill. Gallagher does not live at the home or have custody of the girl.
Though Gibbons-Shapiro would not comment on the reason the child’s mother videotaped Gallagher with the girl, Jensen said the mother has a “zero tolerance policy against drinking,” and she wanted to be sure Gallagher was not drinking while in charge of the child.
Jensen said Gallagher was not drinking on the videotape and does not have a drinking problem.
The small courtroom at the Santa Clara County Hall of Justice on West Hedding Street in San Jose was filled with members of the media, though Superior Court Judge Ronald T. Lisk banned videocameras from the courtroom.
Several witnesses for Gallagher, including a fellow officer and several women, were asked to step outside the courtroom by defense attorney Daniel Jensen, but returned before Gallagher – handcuffed and shackled and dressed in orange and gray prison garb – was led into the room.
Gallagher did not look at the audience as he entered the courtroom. He stated his “guilty” plea in a clear, firm, voice in answer to the judge and agreed that he understood fully the charges and was not being threatened or in anyway coerced.
Before he stood to be led from the courtroom following the proceedings, which were delayed by conferences between the attorneys outside the courtroom, Gallagher did turn and look in the direction of the witnesses, but did not speak.
No witnesses were called to testify at Wednesday’s bail hearing.
SJPD Public Information Officer Steve Dixon said the department had no comment about Gallagher’s employment status. He was placed on administrative leave at the time of his arrest.
Marilyn Dubil covers education and law enforcement for The Times. She can be reached at md****@*************es.com
