Judge Orders Release of Immigration Documents in School Assault Case
An Alamance County Superior Court judge has approved a motion compelling the Alamance County District Attorney’s Office to disclose immigration documents related to a former East Lawn Elementary School principal charged with sexually assaulting a child in 2023.
During a hearing on Friday morning, Judge C. Douglas Green instructed Assistant Prosecutor Elizabeth Olivier to provide all materials linked to the U-visa application submitted by the alleged victim’s family to the attorney representing Daniel Stephen McInnis, 45, of Burlington.
McInnis faces multiple charges, including felony statutory sex offense against a child by an adult, sexual activity with a student by a school employee, and indecent liberties with children, as well as a misdemeanor count of sexual assault.
Since his arrest on December 29, 2023, McInnis has maintained his innocence. At a separate hearing the previous week, he declined a plea agreement from prosecutors that would have resulted in a suspended sentence for crimes against nature.
Olivier previously stated that no information regarding a U visa was available in court documents. However, this month she sent a confirmation email to McInnis’s attorney, indicating that the victim’s family has indeed applied for a U visa. She noted that there was a lack of documentation regarding this application due to a former Assistant District Attorney’s departure from the office.
“I have reached out to an immigration lawyer to obtain what was sent to us,” Olivier told the court. “We will pass it directly to the defense.” Under U.S. federal immigration law, “U nonimmigrant status” can be granted to undocumented immigrants who assert they are victims of crimes, allowing them to pursue lawful permanent residency along with eligible family members.
The defense argues that the victim’s family is innocent of manipulating a criminal case to obtain a U visa, an allegation which they assert underpins the motive for the accused’s claims. They believe this information is crucial for effectively cross-examining witnesses.
Reports indicate that at the time of McInnis’s arrest, a judge ordered deportation for the victim and her family, who were living in the country illegally. School officials have alleged that McInnis removed the student from class and assaulted her, as covered by multiple local news sources.
The defense has also filed motions seeking all records concerning the 9-year-old accuser and her younger brother, who made unfounded claims against McInnis at just six years old. McInnis’s attorneys asserted that not all relevant materials were provided by the Alamance Burlington School System (ABSS).
In earlier hearings, the defense highlighted that the state Bureau of Investigation had found the initial accusations made by the younger brother in December 2023 to be unfounded. On December 8, the same family alleged that McInnis sexually assaulted the 9-year-old, escalating the gravity of the situation.
McInnis’s legal team has issued a subpoena for all investigative materials regarding these allegations and summoned key school staff for testimony, including the former superintendent and other administrators involved. They stress that certain electronic evidence may become unavailable after a scheduled digital transition in June 2024, highlighting the urgency of their requests.
During the proceedings, it came to light that the existence of a potential recantation by a witness remained unexamined, raising concerns about the integrity of the investigation. Cox elucidated the defense’s position, indicating a need for further inquiries to clarify inconsistencies related to the alleged victim’s claims.
Olivier countered these assertions by mentioning that all relevant records from Crossroads Child Advocacy Center had already been submitted. Upon examining the situation, Judge Green suggested that the defense utilize specific subpoenas to query individuals directly if records appeared missing.
Furthermore, the judge has revised McInnis’s release conditions, permitting him to attend his children’s school events at Smith Elementary and Turrentine Middle School, provided he is accompanied by his wife. Since his initial arrest, he has faced restrictions barring him from ABSS properties except for designated times related to his children.
Following the request for a trial continuance, set to move from May 4, 2026, to October 26, 2026, McInnis voiced his desire for a swift resolution. The judge’s decision drew audible reactions from his supporters, prompting a warning against disruption in the courtroom.
Despite ongoing legal challenges, McInnis remains out of custody and has no previous criminal history in North Carolina, as verified by state records. He continues to be suspended without pay, having served as principal since November 2012.
