JEFFERSON — Throughout the entire second day of trial, 39-year-old Fort Atkinson resident Daniel J. McWilliam kept his head down as he bounced slightly in the defendant’s chair.
He did this as Jefferson County Assistant District Attorney Monica Hall rested her case, as defense attorney Jessica Klein called her lone defense witness, as Circuit Court Judge William Hue read his jury instructions and as both attorneys delivered closing statements.
And when Hue read the jury’s verdict of guilty on all counts, his face remained unchanged.
After the jury deliberated for an hour-and-a-half Friday, McWilliam was found guilty of second-degree sexual assault of a child under 16, exposing his genitals to a child, child enticement, failure to notify a school of sex offender status and two counts of felony bailjumping.
McWilliam was convicted after a two-day trial in which Hall convinced jurors that the defendant had sexually assaulted, exposed himself to, showered with and secretly recorded naked a teenage girl who lived in the same home.
In closing arguments, Hall went step by step through each charged count, laying out the facts of the case and the legal principles the jury was to apply.
“I’m going to put the law on all these facts you just heard,” Hall said.
The sexual assault occurred, Hall argued, when McWilliam placed his hand on the girl’s genitals over her jeans — after saying he wouldn’t snitch on the girl for smoking cigarettes.
He exposed his genitals to the girl when he made her scrub his back in the shower, Hall said. And, she added, he did this with a sexual intent — a key factor in proving this specific charge.
“It’s not just (the girl) saying it happened, but the defendant admitting it,” Hall said. “Think about the circumstances that takes us there in the first place. He’s having (the girl) wash his back, while making her wear a bra and underwear, while he’s completely naked. Those circumstances in and of themselves … prove the defendant exposed himself for the purposes of sexual gratification.”
He committed child enticement at the same time he committed the sexual assault, according to Hall. When McWilliam called the girl into the room to talk to her about the cigarettes, he committed a crime.
He committed failure to notify as a sexual offender when he visited the girl at a camp at school without telling school administrators he was coming, Hall said.
And, when he did all of the things listed previously, according to Hall, he’d broken the conditions of his bond on two previous cases.
Finally, Hall argued, he made representations depicting nudity when he recorded the girl in the shower. She said the girl did not know these videos were being taken, she didn’t consent to these videos being taken and she should have had a reasonable expectation of privacy in her own bathroom.
“These are the videos,” Hall said. “Hopefully you all noticed the eyeballs the size of saucers as she notices there is a camera in the shower.”
Klein, in her response, said some things about the state’s case didn’t quite add up and the jury would have to judge the credibility of each witness.
Klein argued it didn’t make sense for McWilliam to keep the shower videos of the girl on the home computer in the living room where anyone could access them.
“Why would my client place his computer in the living room where everyone could access it, if he really had that kind of material on his computer,” Klein said.
Klein also argued that the use of the word “story” by the girl, Fort Atkinson Police Detective Lisa Hefty and Jefferson County Human Services worker Ashley Timmerman meant what the girl was saying was made up.
“We all know, ‘story’ can be synonymous with a tale,” Klein said.
But, inevitably, Hall had proven McWilliam was guilty beyond a reasonable doubt and was convicted of the jury made up of six men and six women.
McWilliam’s sentencing has been scheduled for Jan. 16, 2020. Before sentencing, the Wisconsin Department of Corrections will complete a post-conviction investigation to assess what sentencing should be and McWilliam will receive a psychosexual evaluation that was requested by Klein.