Bernagozzi sex abuse case: Judge denies prosecution's request to question teacher about uncharged student abuse allegations

A Suffolk judge denied a request by prosecutors to cross-examine a retired Bay Shore teacher about uncharged sexual abuse allegations made by dozens of former students should he take the stand when his criminal trial begins next week.

But acting Suffolk Supreme Court Justice Karen Wilutis left open the possibility of questioning him about his own prior testimony should he contradict statements previously made in civil court.

Wilutis said the "prejudicial effects" of cross-examination on allegations made by dozens of students whose alleged abuse is not included in the indictment against Thomas Bernagozzi "substantially outweighs any probative value."

Prosecutors have said allegations made by more than three dozen additional students could not be charged due to statutes of limitation. They were only able to charge abuse claims made by two students, whose accusations are the subject of the upcoming sexual abuse trial, along with a third complainant.

The judge declined to issue a second ruling on a request by prosecutors to cross-examine Bernagozzi on what they called "lies made under oath" when he denied sexually abusing students during his 30-year career as a third grade teacher in the Bay Shore school district.

"Should [Bernagozzi] testify in this trial contrary to his prior testimony, the court will hear the people's application at that time," Wilutis said Friday. "Currently the court does not have enough information before it to make a decision."

Assistant Suffolk County District Attorney MacDonald Drane had argued in December that prosecutors can prove Bernagozzi lied under oath during a civil trial and in depositions when he said he never had sexual contact with students and that he did not save photographs of the children he taught.

"We're seeking to be able to cross-examine him specifically about the fact that we believe those to be lies and it goes directly to his veracity and his truthfulness," Drane told the judge.

Defense attorney Steven Politi, of Central Islip, said outside court that it's too early to say if Bernagozzi, 77, of Babylon, will be called to testify at trial. He questioned the truthfulness of allegations made by the three students expected to testify and the strength of the government's case against his client.

"I don't think the people are going to be able to prove their case based on what I've seen," Politi said.

Bernagozzi was arrested on Dec. 21, 2023, and charged with sodomy and sexual conduct against a child related to allegations made by two former students in the 1980s and 1990s. He was later charged with five counts of possessing a sexual performance by a child for photo negatives he kept at his Babylon home that show the exposed genitals of another 8-year-old former student from the late 1980s, prosecutors have said.

Suffolk police and prosecutors opened the investigation into Bernagozzi after 45 former Bay Shore students filed Child Victims Act claims against the district alleging the retired teacher sexually abused them. The lawsuits involved boys who were students in his classes at Gardiner Manor and Mary G. Clarkson elementary schools between 1970 and 2000 or participated in an after-school sports program he ran.

The Bay Shore district has reached settlements in 42 of the 45 lawsuits, according to records reviewed by Newsday. The district has paid more than $75 million in settlements, with additional payments being made by insurance companies, records show.

The only civil case that went to trial ended with a jury awarding the plaintiff $25 million, but Bay Shore appealed and a judge suggested the two sides settle at around $4 million. That appeal and two additional lawsuits are ongoing.

Jury selection in the criminal case will begin Monday.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.