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Giacomo


Published May 16, 2007 11:01 pm -

Ex-band instructor to stand trial
Former educator faces two counts of lewd molestation among other charges

By D. E. Smoot
Phoenix Staff Writer

A former Hilldale band instructor accused of engaging in sexual activities with two students was bound over Wednesday to stand trial for his alleged molestation of a 15-year-old girl.

Based solely upon the testimony of his alleged victim, Danny Brian Giacomo, 36, faces two counts of lewd molestation, one count of using technology to facilitate sex with a minor and one count of lewd or indecent proposal to a child younger than 16 years old.

Giacomo was in court Wednesday for the conclusion of his preliminary hearing, which began Monday, when his accuser spent all day testifying about her relationship with Giacomo.

The girl, who has turned 16 since her alleged relationship with Giacomo was discovered, described conversations she and Giacomo had and provided details of more intimate encounters she alleged to have happened.

Assistant District Attorney Nikki Baker Dotson said the state concluded its presentation of the evidence without calling additional witnesses once the preliminary hearing reconvened Wednesday morning.

“There’s still a lot of evidence out there to present,” Dotson said of the state’s first case against Giacomo.

While Giacomo’s lawyer, Richard O’Carroll of Tulsa, wanted to question Muskogee Police Sgt. Shannon Crary, the lead investigator in the case, the state requested the hearing be terminated. Under state law, a magistrate must terminate a preliminary hearing once sufficient evidence has been presented to establish probable cause that a crime has been committed and the defendant committed that crime.

Special District Judge Robin Adair granted Dotson’s request and ordered the case against Giacomo to proceed to trial. Giacomo also faces charges from a second case filed in Muskogee County District Court as a result of allegations made by a 14-year-old student. A preliminary hearing in that case is scheduled for 9 a.m. June 11.

A third case filed in Custer County, based upon allegations that Giacomo had sexual intercourse at a band camp in Weatherford with one of the students, is pending. Giacomo is free on bonds totaling $150,000.



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