Teacher sex abuse trial: Former student tells Suffolk jury of alleged abuse

A former Bay Shore student called a third-grade teacher's alleged abuse "absolutely inappropriate and horrific" as he took the witness stand in Suffolk County Criminal Court in Riverhead for the second straight day Thursday.

The witness, who Newsday is not naming because he is an alleged victim of sexual abuse, said he viewed Thomas Bernagozzi as an extension of his family while attending Gardiner Manor Elementary School, but now feels anger when recalling how the educator allegedly used him for "sexual satisfaction."

"I want him to be punished," the 36-year-old told the jury seated before acting State Supreme Court Justice Karen Wilutis.

"For what?" asked Assistant District Attorney Dana Castaldo.

"For the abuse that he perpetrated," the now married father of two testified.

Bernagozzi, 77, of Babylon, is charged with sexual conduct against a child for the alleged abuse of the boy from 1997 to 2000, court records show. The teacher, whose 30-year career ended in 2000, also is facing a charge of sodomy and five counts of possession of a sexual performance by a child for allegations involving two additional former students who have not yet been called to testify.

The witness told the jury he met Bernagozzi after expressing an interest in chess, and playing the game with the third-grade teacher during lunchtime at the school. Soon after, they began spending time together after school at a local fitness club, where they would swim and play tennis, the former student testified. It was on those days, both at the school and in a private room at the club, where he said the teacher first began abusing him by stripping his clothes off and touching his private areas with his hands and mouth while changing him.

"I did not need help getting changed," the former student said. "He's not my father."

The alleged abuse later extended to the school auditorium during play rehearsals while the boy was in the fourth grade and at beaches as the teacher brought the student and other children on outings to public parks, museums, plays and sporting events in New York City. The witness testified Wednesday that the abuse stopped when his father questioned their relationship after watching him sit on the teacher's lap at a Mets game at Shea Stadium, a game prosecutors said took place in summer 2000.

Defense attorney Steven Politi, of Central Islip, told the jury during opening statements last week that he believes the allegations against his client were "fabricated" by men who targeted the teacher by filing lawsuits against the school district for the "singular purpose of making money."

Politi noted for the jury that the three complainants never reported the abuse to parents, police or school officials at the time and suggested they first told their stories when contacted by a civil attorney more than 20 years later. All three complainants in the criminal case have settled Child Victims Act claims with the school district or its insurers, court records show. A total of 45 claims were filed by students against the district for incidents involving Bernagozzi during a look-back window from 2019 to 2021, which led to the police investigation, prosecutors have said.

As cross-examination of the former student began Thursday afternoon, Politi repeatedly asked if he ever contacted police after telling a high school teacher and friends about the abuse in the years that followed. The former student said he had not.

Politi then questioned how it was the former student eventually did tell a Suffolk police detective about the alleged abuse in 2023, suggesting the meeting was an orchestrated effort.

The witness said he believes he called the detective directly but couldn't recall exactly how the meeting came about.

The defense also questioned the accuracy of the former student's testimony regarding how he first began spending time with Bernagozzi and even how he described the layout of the teacher's classroom.

Politi said outside court that he was puzzled by the lack of answers the witness gave as he was asked to fill in additional details about the years the alleged abuse occurred. He again called the allegations a "fabrication."

"There's not one thing that he said in there today or yesterday that proved anything beyond a reasonable doubt," Politi said outside court. "It's laughable the lack of information a person could have on their own life."

Cross-examination of the former student is expected to continue when the trial resumes 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.