DNA Samples Taken In Teacher Sexual Misconduct Case

Thursday, February 15th 2007, 9:15 pm

By: News On 6

New developments in the case against a Muskogee teacher accused of sexual misconduct. Muskogee Police seized school furniture in the investigation of former Hilldale teacher, Brian Giacomo.

Giacomo faces charges based on accusations from two young girls. This week, investigators asked for a sample of the former band teacher's DNA.

News On 6 reporter Ashli Sims says Muskogee Police got a search warrant to seize two chairs from Brian Giacomo's old office and classroom. They're looking for physical evidence to prove he had sex with a 14 year old student.

Giacomo resigned from his job as a band director at Hilldale High School in Muskogee, last November. He's accused of having inappropriate sexual relationships with two teenage girls. The latest search warrant says one girl told officers she had sex with her teacher numerous times in various places, including the school, Giacomo's house and car. The warrant says the girl's story leads police to believe there might be DNA on two chairs, one in the band room, and the other in Giacomo's office.

Police also took a swab from Giacomo's mouth for testing. Giacomo's attorney argued in Muskogee County District Court Thursday, police should have tested the chairs to see if there's any DNA on them, before taking a swab from his client.

The attorney says he doesn't like the chair sample and his client's sample being stored in the same room, because of possible contamination. He also wanted to make sure his client's DNA wouldn't be used for other things, like being entered into a national database.

The court agreed it can't be used for anything else, but did rule Muskogee Police can compare any DNA found on the chair to Giacomo's sample.