Crime & Safety

New Child Sex Abuse Charges For Former Bay Shore Teacher: DA

"We will not tolerate the exploitation of children in any form. " — Suffolk County District Attorney Ray Tierney.

Former Bay Shore School District teacher Thomas Bernagozzi, 75, of Babylon, was indicted Wednesday for additional child sex abuse charges, the DA said.
Former Bay Shore School District teacher Thomas Bernagozzi, 75, of Babylon, was indicted Wednesday for additional child sex abuse charges, the DA said. (Suffolk County Police Department)

BABYLON, NY — A former Bay Shore elementary school teacher was indicted on additional charges of child sex abuse for possessing photos of a child with his genitals exposed, according to Suffolk County District Attorney Ray Tierney.

Thomas Bernagozzi, 75, of Babylon, was indicted on multiple counts of possessing a sexual performance by a child on June 18 for allegedly possessing five images of a former minor student with his genitals exposed, the DA said.

He is accused of sexually abusing students between the late 1980s and early 2000s who were enrolled at Gardiner Manor Elementary School and Mary G. Clarkson Elementary School. He retired from teaching in 2003, Patch reported.

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On December 21, 2023, Bernagozzi, a former Bay Shore School District third-grade teacher, was arrested and indicted on charges of first-degree course of sexual conduct against a child and first-degree sodomy relating to the alleged sexual abuse of two former students, the DA said.

When Suffolk police raided Bernagozzi’s home with a search warrant, they found five images of another student with his genitals exposed, which was taken from inside his bedroom, the DA said. According to the DA, the child victim appeared to be around eight years old when the photos were taken.

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Bernagozzi was then arrested and charged with one count of first-degree course of sexual conduct against a child and one count of first-degree sodomy, both Class B violent felonies — for allegedly sexually abusing students under his care while he was employed as an elementary school teacher with the Bay Shore Union Free School District, the DA said.

On June 18, Bernagozzi was arraigned before Acting Supreme Court Justice Karen M. Wilutis on the new indictment and charges including five counts of possessing a sexual performance by a child, a Class E felony, the DA said.

According to the DA, the charges are considered non-bail eligible under current New York State law, meaning prosecutors cannot ask for, and judges cannot set bail.

However, based on the new indictment, Justice Wilutis revisited the bail request on the original indictment and ordered Bernagozzi held on $1 million cash, $2.5 million bond or $10 million partially secured bond during the pendency of the case, the DA said.

If convicted of the new charges, the defendant faces 1 1/3 to 4 years of incarceration on each count, the DA said.

Bernagozzi is alleged to have run school plays and after-school sports, and would, on his own time, take groups of children to the local beaches, pools, gym, Broadway shows and sporting events, the DA's office previously said.

During his tenure, the DA's office alleged, Bernagozzi was revered by both fellow teachers and staff, as well as parents residing in the district who would specifically request that their children be placed in Bernagozzi’s class. His classes were allegedly comprised predominantly of male children, Patch previously reported.

“We will not tolerate the exploitation of children in any form. The alleged possession of these disturbing images, involving a former student, is a grave violation of trust and an affront to the safety of our community,” said District Attorney Tierney. “Our office will pursue these charges with relentless determination to ensure that justice is served and that predators of children think twice about committing such acts because they will face the full weight of the law.”

Bernagozzi is slated to return to court on July 12, 2024.

He is being represented by attorneys Samuel Demeglio and William Levalle. They were not immediately available for comment.

Anyone with additional information regarding Bernagozzi should contact Detective Patrick Boyles of the Suffolk County Police Department’s Special Victims Section at 631-275-2302.

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