The political fallout over the shocking child sexual misconduct investigation into embattled San Jose District 3 Councilmember Omar Torres continues to grow as one of his fellow members on the dais has become the first official to publicly issue a statement of condemnation as questions swirl as to whether Torres can still effectively represent his constituents.
Although Torres attributed his explicit messages referencing minors to “outrageous fantasy and role play,” District 7 Councilmember Bien Doan said he was “deeply troubled and appalled” by the graphic details revealed in a search warrant affidavit that included Torres’ texting a young man the description of an 11-year-old autistic boy’s genitalia and asking him, “U got any homies under 18” while the two appeared to plan a sexual dalliance.
“There is no room for such behavior in our government or community,” Doan said, stopping short of calling for Torres’ resignation. “As a father, I condemn in the strongest possible terms the reprehensible text exchange involving children. We must stand firm in our commitment to protect the vulnerable and uphold the highest standards of integrity in our public officials.”
The criminal investigation began after Torres contacted San Jose police in late August to report that a 21-year-old Chicago man he was in an online sexual relationship with over the past two years extorted him, threatening to release explicit photos and videos unless Torres met his financial demands. Torres told police that he estimated making more than $22,000 in payments to the man, whom he met while attending the Democratic National Convention to “discuss their ongoing relationship and find closure.”
After the most recent $2,500 payment demand, Torres went to the police, but in the course of the investigation, detectives began to shift their focus on Torres from victim to potential perpetrator after uncovering sexually explicit messages with the man that also included Torres saying he performed oral sex on a 17-year-old boy at an unspecified time.
The affidavit sheds some light on potential criminal exposure, including oral copulation of a minor — a felony — and showing abnormal interest in a child, prompting calls from the San Jose Police Officers’ Association for Torres to resign.
“Omar Torres must resign immediately and face the consequences for his alleged wretched behavior that includes exploiting children for sex, paying hush money to cover it up, and detailing his sexual exploits with an autistic child,” President Steve Slack said. “He must resign, and this investigation must also focus on Torres’ colleagues and on city management and seek the answers to these questions: ‘Who knew, and when did they know it?’”
In a statement provided to The Mercury News last week, Torres’ attorney, Nelson McElmurry, said the sexually charged text messages “do not reflect any real-world actions or intentions and were entirely fictitious.”
Even in the absence of criminal charges thus far, more elected officials have begun to put space between themselves and Torres as details emerge.
Before Doan’s statement, San Jose Mayor Matt Mahan said he was “shocked and sickened” by the affidavit’s contents.
“The allegations are serious, and if they are true, he needs to be held accountable to the fullest extent of the law,” Mahan said last week. “It’s still an active investigation, and I trust the criminal justice system to find the whole truth.”
A review of the Internet Archive also shows that the District 2, 6, 8 and 10 City Council race candidates on the November ballot have now removed Torres’ endorsement from their campaign webpages.
District 10 Councilmember Arjun Batra, who was unavailable for comment, was the first to do so the day after reports circulated about police detaining Torres and executing a search warrant for the passwords to his devices.
District 8 Councilmember Domingo Candelas, a political ally of Torres, followed suit.
“The allegations facing Councilmember Torres are extremely disturbing and concerning,” Candelas told The Mercury News on Tuesday.
Pamela Campos and Olivia Navarro, candidates for the District 2 and District 6 City Council seats, respectively, removed Torres’ endorsement from their campaign material last week after details of the search warrant came to light.
While Torres has indicated that he will defend himself against the allegations and attempt to restore his reputation, he has been out of the public eye for the past week and a half, missing several official appearances and raising questions about whether he can effectively govern and represent District 3 even if criminal charges fail to materialize.
Torres’ attorney did not respond to a request for comment.
Along with last week’s City Council meeting, Torres missed a VTA board meeting, a city Neighborhood Services and Education Committee meeting and a press conference where Secretary of the Interior Deb Haaland announced $4.5 million in funding for the Spartan Keyes Park in Torres’ district. He also failed to show up Friday to the San Jose Downtown Association’s annual meeting where he was scheduled to speak.
“The allegations in the affidavit are shocking and horrifying,” San Jose Downtown Association CEO Alex Stettinski said in response to questions over whether Torres could effectively represent downtown. “The investigation is ongoing and we trust authorities to do a thorough job to get to the truth here. In the meantime, SJDA will continue working with the Mayor, Council and city staff to bring vibrancy and activities to downtown. Downtown San Jose will continue to thrive and we will keep working with our local leaders to make that happen.”
Torres’ absences have forced others to step in for him at city events involving children and families. For example, during last week’s City Council meeting, District 5 City Councilmember Peter Ortiz stepped in during Torres’ absence to present a commendation to an organization promoting STEM education.
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Torres’ absences will not become an immediate problem just yet because the city’s charter only prohibits absences of more than 60 days or missing five consecutive regular City Council meetings without written consent from the dais before creating a vacancy.
But at some point, Torres will have to show up in-person to cast a vote or meet with his constituents if he truly intends to keep his post.
“As this process moves forward, it will be more and more difficult for him to provide services for his constituents,” said Bob Staedler, principal at consulting firm Silicon Valley Synergy. “If it’s an exact U-turn and everything he said was 100% correct, then there’s a chance. But right now, the window is closing for him, and he’s going to have to make some very tough choices. District 3 constituents, at some point, are going to need to meet with their councilmember, and if that is impaired due to the circumstances, I’m not sure what his path forward is.”
