Jurors in alleged sexual abuse case against Bay Shore school district won't see expunged memo, letters about ex-teacher Thomas Bernagozzi when deliberations begin

The jury in a sexual abuse case against the Bay Shore school district will not see a memo alleging that a report of abuse was expunged from a former teacher’s file, nor will they see scores of letters parents sent praising the teacher alleged to have committed the abuse, when it begins deliberations following closing arguments Wednesday.

Suffolk Supreme Court Justice Christopher Modelewski ruled that neither the memo nor the letters should be included in the personnel file entered into evidence at the end of witness testimony Tuesday.

Attorneys for the anonymous plaintiff, identified only as P.L. in the Child Victims Act lawsuit filed against Bay Shore, argued the memo contains a handwritten note signed by a former assistant superintendent, Manus O’Donnell, who allegedly placed a sealed envelope that contained an allegation of sexual abuse from the 1970s into the personnel file of retired Bay Shore teacher Thomas Bernagozzi, who is accused of molesting the plaintiff while he was a student in his third-grade class in 1990-91.

"Who says it’s O’Donnell’s handwriting?" Modelewski questioned from the bench as plaintiff’s attorney Jeffrey Herman, of Herman Law Group in Manhattan, made a final push to have the memo included.

Lewis Silverman, of Silverman and Associates in White Plains, an attorney representing Bay Shore Schools, stressed that the memo was prepared years after the abuse alleged in the civil complaint.

Modelewski was equally reluctant to allow the "good guy" letters praising Bernagozzi, which Silverman sought to have entered into evidence to show the jury Bernagozzi actively deceived parents. The district has filed a third-party complaint against Bernagozzi, who the jury could find liable for a portion of the potential damages.

"Those kinds of letters, they're no indication of an absence of notice," Modelewski said. "They’re simply an outside indication of performance."

The jury will see performance reviews of Bernagozzi filed by administrators during the former teacher’s 30-year career with the district from 1970 to 2000, including a 1975 teacher evaluation in which a principal said he advised Bernagozzi to stop having students sit in his lap, after the judge allowed them to be submitted.

The plaintiff in the case said Bernagozzi would fondle his privates while he sat in his lap throughout that school year. While the teacher denied ever having students sit in his lap or fondling them during his own testimony Monday, the jury heard from four other former students who made similar allegations of abuse or corroborated the plaintiff’s testimony.

The plaintiff testified Monday that he was 8 to 9 years old when Bernagozzi sexually abused him by fondling him as he sat in his lap, and touched his genitals and backside as he showered with and powdered him. The alleged abuse took place at the school during afterschool programs Bernagozzi ran for male students, or on outings to a local health club and public beaches and parks, the plaintiff said.

On Tuesday, another student who was a grade above the plaintiff and who has also filed an anonymous Child Victims Act complaint against Bay Shore, said he witnessed Bernagozzi touch the plaintiff’s genitals as he powdered him and changed his clothes.

Silverman has denied Bay Shore Schools had "actual notice" of the abuse, which is necessary to establish negligence on the part of the district.

Instead, during his opening arguments last week, Silverman painted Bernagozzi as a "master manipulator" who deceived parents by spending extra time with their kids and creating a unique classroom experience.

Silverman called the plaintiff’s mother to testify Tuesday, asking her if she believed she was deceived by Bernagozzi. The mother said she requested her son be in Bernagozzi’s class after an older son had a good experience with him. She said she "had no idea" he was abusing children, as her son and other former students have since alleged.

"I'm a mom of five kids. I worked full time. I worked four jobs. I made sure they went to bed on time. I made sure they did their homework. I made sure they brushed their teeth and they were clean," the mom told the jury. "I did my due diligence. I certainly did. It just kills me that the school didn't do the same."

Silverman opted not to call Bay Shore Schools Superintendent Steven Maloney as he previously indicated he would.

 The Child Victims Act is a state law that opened a temporary window for alleged victims of child sex abuse to file claims seeking damages. The window to file lawsuits ended in 2021. Before the law, victims of childhood sexual abuse could not file claims once they turned 23 years old.

Bay Shore faced 45 Child Victims Act lawsuits citing Bernagozzi, the most of any Long Island district.

Five cases were previously settled by the district for $20.25 million and two additional claims have been settled through insurance. This is the first Bay Shore case to go to trial. 

The Suffolk County District Attorney's Office has since brought charges against Bernagozzi, 75, of Babylon, for sodomy, sexual conduct against a child and possession of child sexual abuse material. He has pleaded not guilty and is awaiting trial.

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.