BY ALEX PIAZZA
apiazza@record-eagle.com
TRAVERSE CITY —
The third time proved to be a charm for prosecutors in their case against a Traverse City man accused of sexually assaulting a girl in his care.
After two mistrials, jurors late Wednesday convicted Danny Roy Schneider, 56, of first- and second-degree criminal sexual conduct with a person younger than 13.
Grand Traverse County prosecutors reopened a sexual assault case against Schneider after two hung jury trials, a move that paid off for them this week.
Thirteenth Circuit Court Judge Thomas G. Power, who presided over all three trials, plans to sentence Schneider on Sept. 24. First-degree CSC is punishable by up to life in prison, while second-degree CSC is punishable by up to 15 years in prison.
Schneider had repeated sexual contact with a girl for whom he and his wife served as babysitters for a few years at their East Bay Township daycare, police reports show.
His wife ran the daycare, but Schneider looked after the children when she was away.
The girl, who was 5 at the time, told her mother of numerous sexual encounters that happened at the daycare. Her mother then reported the incident to Michigan State Police. Michigan Department of Human Services officials revoked his wife's daycare license shortly after the allegations surfaced.
Prosecutors charged Schneider last November with multiple counts of sexual assault. Jurors in February were unable to reach a unanimous decision, which led to the first mistrial. Prosecutors pressed on, but again reached a hung jury in April, court records show.
Authorities reopened the case for a third time in June, which eventually resulted in the two convictions. Jurors late Wednesday also acquitted Schneider of a count of first-degree CSC.
Gerald Charland, Schneider's attorney, asked Power to dismiss the third trial because of repeated hung juries and a lack of fresh evidence.
"There have been two trials regarding the same charges against Dan Schneider," Charland wrote in a motion to dismiss the case. "There is no new evidence that wasn't introduced at a prior trial, despite the prosecutor's repeat attempts to gain additional information, including re-interview of witnesses and a search of defendant's house. Furthermore, it has been firmly established the victim's statements have been contradictory."
