JEFFERSON — Statements made during the arrest of a 38-year-old Fort Atkinson man charged with allegedly enticing and molesting a teenage girl will be allowed as evidence in his trial.
Daniel McWilliam appeared before Jefferson County Circuit Court Reserve Judge Sarah O’Brien Thursday for a hearing on a motion to suppress involuntary statements made due to an alleged lack of Miranda rights.
McWilliam is charged with one count each of sexual assault of a child under 16 years of age, exposing his genitals, child enticement, and knowingly failing to notify a school of his sex offender status. He also is charged with four counts of capturing an intimate representation of a minor.
In addition, there are four charges of felony bailjumping.
The alleged victim was 14 at the time of the reported contact in the summer of 2017 involving incidents of McWilliam allegedly groping and touching the teenager over her clothes.
McWilliam’s lawyer, Jessica Klein, argued that McWilliam made the statements before he was told of his right to remain silent.
A call to Klein was not returned by presstime.
The criminal complaint states that he told police that she said, “I’m hungry,” and he responded, “I’m hungry too, so I’m gonna eat you.” Her description was more lewd in nature in describing his intention.
He also reportedly had asked her to sit on his lap and made lewd comments about what he wanted to do to her. McWilliam allegedly acknowledged making the comments and suggested he was joking.
Both also described an incident in which he exposed his genitals; however, McWilliam denied he had an erection at the time.
A video of McWilliam’s arrest was played and the court determined that he was not yet in police custody when he made the statements, according to the court record. Because McWilliam was not in custody yet, the Miranda warnings were not necessary and the motion to suppress was denied.
McWilliam faces more than 90 years in prison if convicted of all the charges combined. His next court appearance is a pre-trial conference scheduled for Wednesday, July 3.