Suffolk County District Attorney Raymond A. Tierney today announced that Thomas Bernagozzi, 75, of Babylon, was indicted for multiple counts of Possessing a Sexual Performance by a Child, for allegedly possessing five images of a former minor student with his genitals exposed.
“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.”
Originally, on December 21, 2023, Bernagozzi, a former Bay Shore School District third-grade teacher, was arrested and indicted for Course of Sexual Conduct Against a Child in the First Degree and Sodomy in the First Degree, relating to the alleged sexual abuse of two former students. Thereafter, during the execution of a search warrant at the defendant’s residence, members of the Suffolk County Police Department found five images of another student with his genitals exposed, which was taken from inside Bernagozzi’s bedroom. It is alleged that the child victim was approximately eight years old when the five images were taken.
On December 21, 2023, Bernagozzi was arrested and charged with one count of Course of Sexual Conduct Against a Child in the First Degree and one count of Sodomy in the First Degree, 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.
On June 18, 2024, Bernagozzi was arraigned before, Acting Supreme Court Justice Karen M. Wilutis on the new indictment for five counts of Possessing a Sexual Performance by a Child, a Class E felony. His 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 charging the defendant with possession of the five images allegedly depicting child pornography, 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. If convicted of the new charges, the defendant faces 1 1/3 to 4 years of incarceration on each count.
Bernagozzi is due back in court on July 12, 2024, and he is being represented by Samuel Demeglio, Esq. and William Levalle, Esq.
Anyone with any additional information regarding Bernagozzi should contact Detective Patrick Boyles of the Suffolk County Police Department’s Special Victims Section at (631) 275-2302.
This case is being prosecuted by Assistant District Attorney Dana Castaldo of the Child Abuse and Domestic Violence Bureau, with assistance from Detective Patrick Boyles of the Suffolk County Police Department’s Special Victims Section.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.
