Former Band Director Back In Court On Molestation Charges

Friday, July 13th 2007, 3:00 pm
By: News On 6

The case against a former Hilldale band director accused of sexual misconduct moves forward. Brian Giacomo is already heading to trial on molestation charges involving a 15-year-old girl. On Friday he was bound over for trial in a second set of charges involving a different accuser. The News On 6’s Ashli Sims was in court Friday. She reports Giacomo maintains his innocence, but now he's going to have to go to court to prove it, in two different cases.

Brian Giacomo's first preliminary hearing lasted for two days. Giacomo waived his right to a preliminary hearing on a second set of charges. His attorney, Richard O'Carroll, says it was purely a tactical move and his client is not considering a plea deal.

In May Giacomo was bound over for trial accused of molesting a girl, who was 15 at the time. She testified the band director made sexual advances through websites like MySpace and things got physical at the 37-year-old's house.

On Friday, Giacomo waived his right to a preliminary hearing on a second set of charges involving a 14-year-old girl. O’Carroll says he didn't want to give the accuser a chance to allege more crimes.

The defense is also trying to suppress some DNA evidence in the case. Investigators seized a chair from Brian Giacomo's office and tested it. According to a motion by the prosecution, the lab did find sperm on the chair sample and it was linked to Giacomo.

Giacomo's attorney says the lab report only found a sperm fraction, not actual sperm. And he says the chair is Giacomo's, so the fact that his DNA is on it doesn't prove anything. The prosecutor says a protective order prevents her from commenting on this part of the case, but she disagrees.

Watch the video: Former Band Director Goes To Trial For Second Set Of Charges

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1/25/2007 More Charges Filed Against Former Muskogee Band Director

2/15/2007 DNA Samples Taken In Teacher Sexual Misconduct Case

5/14/2007 - Former Band Director In Court Facing Molestation Charges

5/16/2007 - Former Band Director Ordered To Stand Trial