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A former York County School of Technology teacher sentenced to about a year in prison for touching the genitals of two students has been granted bail pending the appeal of his conviction.

Kevin Nagle, 44, of McSherrystown, appeared in York County Court on Monday, Dec. 17, where defense attorney Elisabeth Pasqualini argued the ex-teacher never failed to attend court appearances while he was on bail pending trial; that he has no prior convictions; that he maintained employment; and that he has strong ties to the community.

Pasqualini also told presiding Common Pleas Judge Maria Musti Cook that Nagle is a longtime resident of Adams County whose wife is disabled and can't work, meaning he is the family's breadwinner. She said even bail that limited him to attending work and church would be acceptable to her client.

Deputy prosecutor Teresa Jauregui argued against bail as Nagle's appeal makes its way through Pennsylvania's appellate courts. He has been in York County Prison since Oct. 4, according to prison records.

"Mr. Nagle does present a danger to his community at this juncture," she argued, adding a state evaluation determined he has an interest in males under the age of 18.

Also, Jauregui told the judge, Nagle would be required to obey sexual-offender conditions should he be allowed on bail, meaning he could not attend his church, since there would be minors there, and couldn't stay at his home because his teenage daughter lives there.

Daughter might move: The defendant's wife, Belinda Nagle, then whispered to Pasqualini, who told the judge that the Nagle's younger daughter could move in with her adult sister "in the short term" so her father could come home.

Cook granted Nagle bail but ordered it be supervised by probation officers and that Nagle wear a GPS-monitoring ankle cuff. She ruled that Nagle must have a "home plan" that's been approved by probation officials prior to his release on bail — to ensure he has no contact with minors, including his own children.

Nagle and other convicted sexual offenders in York County and across the state are challenging the constitutionality of being forced to register with the state's Megan's Law registry under conditions of the Sexual Offender Registration and Notification Act, Jauregui confimed.

Cook said in court Monday that the state Supreme Court could take more than a year to rule on those motions. She said she's ready to hand down her ruling on the county-court level before the end of the year regarding the issue. Any ruling Cook makes would resolve the challenges by York County defendants until such time as the state Supreme Court weighs in.

The background: Nagle was sentenced Oct. 1 to a year minus two days to two years minus two days in York County Prison, plus three years of probation.

His conviction requires him to register with state police as a sexual offender for 15 years under the state's Megan's Law, according to Jauregui.

Jurors who convicted Nagle for inappropriately touching two students also heard from a third student who made similar allegations when he testified at trial. Nagle was not charged with touching that youth.

Jauregui has said in court that there was a fourth young man who came forward. No charges were filed for alleged conduct against that young man, and he was not permitted to testify at trial, according to the prosecutor.

It took jurors about two hours to convict Nagle on July 20 of two counts each of institutional sexual assault and corruption of minors and one count of indecent assault.

Jurors found that Nagle touched the genitals of two 17-year-old York County School of Technology students under the guise of measuring their inseams for pants.

At the time, Nagle taught business classes at the school and also managed the school store.

What victims said: The two teens testified they went to the school store to buy shirts in November 2016.

While the two students were there, each alone and on separate dates, Nagle told them that their pants were baggy, then offered to measure them for a proper fit, even though neither was buying pants, according to the two teens.

The victims testified at trial that Nagle measured their inseams while they were naked from the waist down and that he touched their genitals while doing so.

The encounters happened in the storeroom of the school store, according to testimony.

One of the teens said Nagle pulled down both his pants and underpants; the other said he wasn't wearing underpants at the time.

The teen who said Nagle pulled down his underpants also testified that Nagle used hand sanitizer and a paper towel to clean behind the teen's scrotum.

Sat in Nagle's lap: The teen also told jurors that Nagle forced him to sit in Nagle's lap at least five times.

He testified that the next day, Nagle gave him five pairs of pants, a package of boxer shorts, some shirts and other items, then demonstrated to the teen how to properly wear boxers, touching the teen's genitals again while doing so.

Two school administrators testified at trial that Nagle was specifically told in October 2016 not to touch students, not to measure or fit students for clothing and to allow students to buy whatever sizes they chose.

There was nothing introduced at trial to explain why administrators issued those directives to Nagle.

— Reach Liz Evans Scolforo at levans@yorkdispatch.com or on Twitter at @LizScolforoYD.

 

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