STATEMENT OF PROBABLE CAUSE
Tony Fregger (DOB 08/19/1979) was hired as a San Jose Police Officer on January 2,
2005. Mr. Fregger was assigned to the Sexual Assault Investigation Unit from March 21,
2010 until March 16, 2013, charged with the responsibility to investigate sexual assault
In 2010, Mr. Fregger first contacted Jane Doe, beginning a relationship that primarily
involved online and telephonic communication.
In January of 2011, Mr. Fregger was specifically informed by Jane Doe that she was 17-
years-old, a legal minor. In reality, she was 16.
From January 26, 2011 through February 20, 2011, the sexual assault detective requested
and received sexually explicit photographs of the minor in violation of Penal Code
sections 311.11(a) and Penal Code section 288.3, both felonies.
The San Jose Police Department conducted an investigation of Mr. Fregger and obtained
search warrants in this case. Mr. Fregger’s personal computer was located and seized in
San Jose on May 10, 2013. Sexually explicit photographs of Jane Doe, as a minor,
described in Penal Code section 311.4(d)(1) were located on this computer, and stored in
a specific folder designated under Jane Doe’s name. In addition, an examination of Mr.
Fregger’s personal email exchanges with Jane Doe revealed that these photographs were
sent from Jane Doe to Mr. Fregger on January 29, 2011, while the victim was a minor. A
search of Mr. Fregger’s Facebook account revealed that Mr. Fregger was informed and
acknowledged that Jane Doe was a minor on January 26, 2011. The victim sent a
Facebook message to the officer that said: “I’m 17 and my birthdays in February.” Soon
afterward, the officer sent a reply message saying: “You’ 17!? Oh man, I thought u were
like 21! Lol.’’
Mr. Fregger’s internet communication, wherein photos of Jane Doe as described in Penal
Code section 314.4(d), was conducted through a web service company located in Santa
Mr. Fregger is charged with felony violations of Penal Code sections 288.3 and 311.11.
These crimes prohibit any person from communicating to possess, or possessing, certain
sexually explicit material including photographs of the genitals of a minor (as described
in Penal Code section 311.4(d)(1)) if the person knows or reasonably should know the
photographs are of an individual under the age of eighteen.
Sergeant Johnson Fong #2710
San Jose Police Department
Internal Affairs Unit/CID