A San Jose police officer has been arrested on suspicion of
asking for and possessing sexually explicit photos of a 16-year-old girl he
conversed with on Facebook, a Santa Clara County Deputy District Attorney said.
Officer Tony Fregger, 33, an eight-year veteran, turned
himself in this evening to San Jose police who arrested him in connection with
possessing sexual photos of a minor and communicating with the purpose of
obtaining the photos, Deputy District Attorney David Ezgar said.
Fregger was released after posting $75,000 bail and his
arraignment will take place July 22 in Santa Clara County Superior Court in San
Jose, Ezgar said.
Fregger, who joined the San Jose Police Department in 2005
and worked for the Sexual Assault Investigation Unit from March 21, 2010, to
this past March 16, has been placed on administrative leave, district
attorney's office spokesman Sean Webby said.
"Mr. Fregger was engaged in investigating these crimes
against minors and he engaged in one," Ezgar said.
The sexual assault unit officer first contacted the teen
girl, who is not being named, in 2010 and communicated with her primarily by
phone and online, Ezgar said.
On Jan. 26, 2011, the teenaged "Jane Doe" informed
Fregger in a post on Facebook that she was 17 when she was in fact only 16
years old, according to a statement of probable cause filed by Internal Affairs
Unit police Sgt. Johnson Fong.
The girl's post read, "I'm 17 and my birthday's in
February."
In a reply sent soon afterwards, Fregger allegedly wrote,
"You' 17!? Oh man, I thought u were like 21! LOL."
Fregger's personal email exchanges with the girl on Jan. 29,
2011, revealed she sent two photos of her genitalia, Ezgar said.
Prosecutors claim that the officer requested the nude images
of her from Jan. 26 to Feb. 20 of that year knowing she was underage.
State law prohibits adults from either requesting or
obtaining sexually explicit images of a person under 18, Ezgar said.
"He was specifically informed she was a minor and
forged ahead and obtained sexually explicit photos of her," Ezgar said.
San Jose police launched an investigation this year and on
May 10 served search warrants, obtaining Fregger's personal computer in San
Jose, according to Fong.
Police officers located photos of the girl on the computer
inside a folder under her name, according to Fong.
Police also used a web service company based in Santa Clara
County to search his online communications where they also found the sexually
explicit photos, Fong reported.
Ezgar declined to say how police were tipped off about the
officer.
He praised the Police Department, which he said
"presented the evidence to us."
"They worked hard on this case," Ezgar said.