For release on July 11, 2013
David Ezgar, Deputy District Attorney
Sexual Assaults Unit
SEX CRIMES DETECTIVE CHARGED WITH ILLEGALLY REQUESTING AND POSSESSING SEXUALLY EXPLICIT PHOTOS FROM TEEN
A San Jose police officer was charged this week with requesting and possessing sexually explicit photographs from a teenage girl while assigned as a detective to the department’s Sexual Assaults Investigation Unit (SAIU.)
Tony Fregger, 33, self-surrendered this evening on charges of Possession of Sexually Explicit Photos of a Minor and Communicating with a Minor for Purpose of Obtaining Sexually Explicit Photos, both felonies. If convicted, he faces incarceration.
“This officer’s job was to investigate sex crimes. Instead, he’s charged with committing one,’’ District Attorney Jeff Rosen said. “Those in law enforcement who criminally abuse the public’s trust do a tremendous dishonor to their fellow officers and they will be held accountable by my Office.”
Fregger, an eight-year veteran, was assigned to the SAIU from March 21, 2010 until March 16, 2013.
In 2010, the officer first contacted the victim via the internet. On January 26, 2011, the victim sent a Facebook message to the officer that said: “I’m 17 and my birthdays (sic) in February.” In reality, she was 16.
The officer sent a reply message saying: “You’ 17!? Oh man, I thought u were like 21! Lol.”
Despite being informed and acknowledging the victim was a minor, the sex crimes detective then requested and received sexually explicit photographs of the teen from January 26, 2011 through February 20, 2011. Investigators seized Fregger’s personal computer on May 10, 2013 and found sexually explicit photographs of the minor stored in a specific folder designated under her name.
The charged crimes prohibit possession, and communicating to gain possession, of sexually explicit material of a person under the age of 18, when one knows – or reasonably should know – that the person is a minor.
The San Jose Police Department investigated the case and presented the findings of its investigation to the District Attorney’s Office. The officer has been put on administrative leave.