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.
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 allegedly occurred the night before in a home just outside Morgan Hill city limits. 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.
Gibbons-Shapiro of the DA’s sexual assault crimes unit also offered few details about the charges or the investigation, which is continuing.
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 incident allegedly took place.
Gallagher did not live at the home where the alleged incident occurred.
Judge Marliese Kim issued a protective order prohibiting any contact by the suspect with the victim during Friday’s hearing, Gibbons-Shaprio said.
Gibbons-Shapiro declined to offer details on any evidence related to the investigation including whether the infant was examined by a physician.
The San Jose Police Department has placed Gallagher on paid administrative leave, said spokesman Enrique Garcia.
San Jose Chief Rob Davis said the department is cooperating fully with sheriff’s department investigators. He would not comment specifically on the 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.
If convicted of both charges, Gallagher could be sentenced up to 10 years in state prison and register as a sex offender. Conviction on both charges would count as two strikes.
Anyone with further information regarding the case is asked to contact Sheriff’s Detectives Carl Neusel and Dennis Owens at Sheriff’s Investigations, (408) 808-4500.
