Judge orders DA to turn over visa records in McInnis case

A judge’s order to open up immigration records could become a turning point in the criminal case against former Eastlawn Elementary principal Daniel Stephen McInnis, as his defense pushes for documents it says may affect credibility and motive in a prosecution already tied to a child-victim allegation and a school misconduct investigation.

At an April 26 hearing in Alamance County Superior Court, Judge C. Douglas Green ordered the Alamance County district attorney’s office to turn over materials connected to a U-visa application filed by the alleged victim’s family. McInnis, who was present with his attorneys, has denied the allegations since his arrest on December 29, 2023 and previously rejected a plea offer that would have let him plead guilty to a lesser offense with probation.

The order matters because the defense argued the paperwork could show whether the family had an incentive to cooperate with prosecutors or shape testimony. Assistant District Attorney Elizabeth Olivier initially told the court there was no information in the file, but later acknowledged by email that the family had applied for a U-visa and that she was trying to obtain the paperwork. The ruling now forces the prosecution to produce those records as the case moves deeper into evidentiary disputes.

McInnis was charged with felony statutory sex offense with a child by an adult, sexual activity with a student by school personnel, indecent liberties with a child and misdemeanor sexual battery. Burlington police said the investigation began on December 8, 2023 after the Special Victims Unit received information about alleged misconduct on school property. Public reporting said the alleged victim was 9 years old and the conduct occurred on November 21, 2023. McInnis was initially held on a $500,000 bond.

The case has already shaken Eastlawn Elementary and the Alamance-Burlington School System. School officials said McInnis had been principal since November 5, 2012 and had served as assistant principal there since July 5, 2011. He was suspended with pay effective December 12, 2023, then school officials announced on January 9, 2024 that he would be recommended for termination. Retired principal Donna King was named interim principal.

The immigration records now at issue sit at the intersection of criminal law and victim protection. U.S. Citizenship and Immigration Services says U nonimmigrant status is for certain crime victims who have suffered substantial mental or physical abuse and are helpful to law enforcement, and approvals can provide temporary immigration status, work authorization and status for qualifying family members. The North Carolina Department of Justice says law enforcement investigates and confirms cooperation, while USCIS decides eligibility.

For McInnis, the order could shape the next phase of the case by giving defense lawyers new material for cross-examination. For prosecutors, it adds another layer to a highly charged case that already blends school accountability, criminal allegations and immigration relief for a family at the center of the dispute.