By D. E. Smoot
Phoenix Staff Writer
May 15, 2007 12:50 am
—
A nervous and sometimes combative 16-year-old girl spent all day Monday testifying about her relationship with a former Hilldale band instructor she says molested her.
As a result of the girl’s allegations, Danny Bryan Giacomo, 36, faces one count each of lewd or indecent acts to a minor, using technology to facilitate sexual conduct and lewd molestation.
Giacomo’s accuser, one of two girls who have come forward with similar allegations, described a relationship that evolved over a period from student-teacher into one more intimate. While the girl acknowledged she and Giacomo never had sexual intercourse, she described scenes that involved “heavy petting in the lower regions of my body.”
The girl, who was 15 years old when the alleged relationship occurred, said she went to Giacomo’s home under the pretense of baby sitting two younger children. The girl said Giacomo would signal her to meet him in a back room while the younger children were occupied.
During that time, the girl said, she and Giacomo met in the back room three times. The third time, she said, Giacomo was laying back on the bed when she entered the room.
“He was laying back and asked if I wanted to see what it felt like to be on top,” the girl said. “Then I thought, ‘Holy crap, what am I doing,’ and I got off.”
The girl said she was apologetic “for not being able to have sex with him.” The girl also said Giacomo was understanding about her resignations.
During the course of her testimony, Giacomo’s alleged victim requested several breaks to recompose herself, prompting scrutiny from Giacomo’s lawyer, Richard O’Carroll, about the girl’s credibility. O’Carroll also grilled the girl about her early denials of the events.
The girl said she denied any involvement with Giacomo early on because she was stunned that the alleged relationship was discovered by her mother after she accessed the teen’s My Space account.
“I was in a daze after this — I was in shock,” the teen said. “I didn’t think we would ever get caught.”
Her mother’s access to the account uncovered e-mail messages and other documents that revealed the alleged sexual nature of the girl’s relationship with her band instructor.
According to her testimony, the girl and Giacomo regularly communicated by text messaging on cellular telephones and instant messaging on computers.
O’Carroll also pointed out the alleged victim’s incomplete accounting of her relationship with Giacomo in statements she gave to police, one a typed statement and another one that was handwritten.
Giacomo, who is free on bond in this case, another case in Muskogee County and one in Custer County, is expected to be back in court Wednesday to conclude the preliminary hearing that began Monday.
Copyright © 1999-2008 cnhi, inc.
Photos
Giacomo