The mother of the alleged victim of sexual abuse by a former Hilldale High School and Middle School band director sobbed inconsolably Thursday afternoon as she listened to testimony about the incidents in Muskogee County District Court.

Danny Brian Giacomo, 36, is being held without bond in Muskogee County/City Detention Facility on complaints of lewd acts to a minor child under 16, soliciting sexual conduct or communication with a minor by use of technology and using computer networks to violate Oklahoma statutes.

Thursday’s hearing was held at the request of Giacomo’s attorney, Richard O’Carroll, who said his client should have the right to make bond in the case.

O’Carroll said Giacomo maintains he is innocent, both “as a matter of fact and as a matter of law.”

Sgt. Shannon Crary of the Muskogee Police Department testified that with the ease of communicating by computer she felt Giacomo’s release would create too great a possibility that he could contact his alleged 15-year-old victim or possibly other alleged victims and witnesses.

Crary outlined the allegations against Giacomo as she testified.

“He touched her personal body in private areas numerous times,” Crary testified.

Those incidents of touching took place on the outside of the 15-year-old girl’s clothes and were on both the upper torso and lower torso.

Crary quoted a message Giacomo is alleged to have left on the student’s myspace.com account:

“I love you, I can’t believe I’m doing this with a 15-year-old. I can’t believe I’m a high school band director doing this with a band student,” she said.

The girl’s mother was sitting on a courtroom bench. She already had left the courtroom once after watching Giacomo sit in front of a television camera watching the proceedings from the jail.

When Crary quoted the e-mail message, the girl’s mother’s dropped her head to her knees and she began sobbing. A friend helped her from the courtroom until she could regain her composure.

Giacomo could only see Special District Judge Robin Adair from where he sat at the jail. He could not see what was going on in the courtroom. He looked into the camera or down at his hands for most of the time he was on camera.

Crary continued that the victim had also reported that Giacomo had attempted one time to put his hands in her pants and under her shirt.

She also said another alleged victim has called her office but that she hasn’t yet interviewed her or several witnesses to the incidents involving the second victim.

Crary said she is convinced of Giacomo’s guilt.

O’Carroll took exception to her remarks.

“What kind of police officer says that she is convinced of guilt when she hasn’t even talked to an eyewitness,” he said after the hearing.

O’Carroll said neither the officer’s belief that Giacomo is guilty nor that he might try to communicate with witnesses are reasons that he should be held in jail without the opportunity for bond. There must be a showing that he was a suspect in a capital case, violent acts or a flight risk for that to be the court’s ruling.

Giacomo’s wife Melissa testified that she and her husband have been married for almost seven years and own a home in Muskogee.

His biographical information from Pittsburg, Kan., State University, shows he is a 1993 graduate of that institution and holds a master’s degree in school administration from Northeastern State University.

Melissa Giacomo said most of both her family and her husband’s family still live in McAlester, where they both were reared. They have two small children and are active in First Baptist Church.

Before joining Hilldale schools, he taught at Hartshorne schools, Melissa Giacomo said.

O’Carroll said Giacomo has cooperated fully with officials in the investigation. He gave his resignation at the school last week and called police about the investigation on Monday, wrote them a letter on Tuesday and turned himself in on Wednesday.



Special District Judge Robin Adair said the fact that Giacomo was in a position that gave him authority over minors is a fact the court here takes very seriously and that Giacomo will continue to be held without bond, at least until formal charges are brought on Friday.



O’Carroll said that if bond is not set within five days’ of Giacomo’s incarceration that he will go to a state court to ask that a bond be set.



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