An award-winning Boston cop accused of sending a photo of his penis to a 16-year-old girl will likely be spared jail because the photo is nowhere to be found.
Besides, even if his client did send her a photo of his penis, according to Guzman’s attorney, it’s not that big of a deal because pictures of penises can be found all over the internet.
And even though the girl is also accusing Boston Police Sergeant Edwin Guzman of buying her things in exchange for her pleasuring him, he is only facing a misdemeanor charge of annoying a person of the opposite sex.
The more serious charge, sending obscene matter to a minor, which could have sent him to prison for five years, is expected to be dropped.
But he disputed the charges that Guzman sent a 16-year-old girl harmful pictures and said even if the allegation were true, he doesn’t believe the material would have been that shocking.
“You can’t tell me someone her age has never seen a picture of a penis on the Internet,” Anderson said.
Guzman – a 2012 Officer of the Year recipient – was first charged with two counts of dissemination of harmful material to a minor and annoying and accosting behavior back in November 2014.
The case remained under the radar until February 2015 when the girl’s mother became frustrated with no action from police and contacted the media.
The teenager tells FOX Undercover she considered him a family friend and a father-figure until things took a strange turn on Facebook.
Sergeant Guzman and his alleged victim were sending messages back and forth.
She says Guzman wrote: “You’re really pretty. You deserve to be spoiled.”
Guzman allegedly asked her if she could keep a secret and offered to buy her a new phone for her birthday.
When the alleged victim was going to tell her mother about the new phone purchase, she says Guzman asked her not to, reminding her that that’s the point of the secret.
“All I’ll have to do is when he wants to hang out with me is touch him the way he wants, and I would have to let him touch me also,” said the teenager. “I kind of got scared because I’m like is he offering me a phone just so I can do stuff to him?”
She says there were also questions from Guzman about her experience with sex and then she says he sent her a naked picture of himself.
She says she deleted the picture right away and only told her mother about the Facebook exchange weeks later.
“It started off we regularly chat and it’s mostly about school and how life is,” the teenager who was 16 at the time told 5 Investigates’ Mike Beaudet.
But she says the conversations kept escalating from there.
“If I gave him like pleasure and let him do things to me, he’d be willing to buy me things,” she said. “He took a picture of his penis and he sent it to me.”
Guzman was charged in Quincy District Court with sending obscene matter to a minor and accosting and annoying a person of the opposite sex.
The Norfolk District Attorney’s office has confirmed the charges were based on the allegedly explicit messages and picture.
But nearly two years later we’ve learned the more serious charge of sending obscene matter to a minor is expected to be dropped, a charge that carried a potential prison sentence of up to five years.
Investigators said they were able to retrieve other messages from Facebook that had been deleted but were unable to retrieve the photo, which leads one to wonder, why did they charge him with that in the first place?
Guzman, who makes $93,000-a-year, has been on paid administrative leave since November 2014. His next court date is February 19.