Omar Torres, the San Jose city councilman facing multiple charges for sexual molestation of a minor, went before a judge on Thursday, asking to be released on bail, but was ultimately denied.
Torres has been held in jail without bail since his arrest earlier this month and submitted his resignation from office effective at the end of the month.
According to his attorney Nelson McElmurry, Torres had high hopes of getting out of jail but was ultimately disappointed not only by being rejected for bail but also by the harsh way the judge ruled.
In this case from back in the 1990s, the alleged victim -- a family member -- was a juvenile at the time.
Police said the family member came forward after news arose that Torres is being investigated for sexual misconduct with another minor, who Torres said he had a relationship with and now claims is trying to blackmail him.
McElmurry said his client felt there was a chance bail would be granted.
"Mister Torres has been, as an adult, a model citizen and has given back [a] tremendous amount to this community and he’s certainly well known," McElmurry said.
However, Judge Hector Ramon rejected the bail request in court and said he agreed with the prosecutor that Torres remains a threat to the community, specifically to underaged boys.
The judge said Torres's statements during the recent ongoing investigation in the other case were consistent with his behavior from 25 years ago.
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“The defendant before the court today is not substantially different from the person who committed these crimes 25 years ago based on the more recent evidence that police were able to uncover,” Brian Welch, assistant district attorney, said.
McElmurry expressed that Torres was "very disappointed" and said that there were situations where bail could have been possible.
"[Torres] loves his community. He’s been dealing with a lot of challenges for some time, but just very disappointed with the situation as a whole," McElmurry said.
Torres will now remain behind bars and will return to court on November 22 to enter a plea deal.
