Ex-York Tech teacher remains free on appeal, convicted in 2018 of groping 2 students
A former York County School of Technology teacher will continue to remain free on bail because his appeals are still ongoing, a York County judge ruled Thursday.
Kevin Nagle, 45, of McSherrystown, Adams County, served 77 days of his sentence before being released on bail pending appeal.
He was convicted of touching the genitals of two students.
Senior deputy prosecutor Teresa Jauregui on June 19 filed a motion to have Nagle's bail revoked after the state Superior Court on June 16 quashed — meaning rejected — Nagle's appeals, filed by his current defense attorney, Elisabeth Pasqualini.
The Superior Court did not reject Nagle's appeals on their merits. Rather, it quashed them because of a procedural filing error, and the defense has petitioned the state Supreme Court to order the Superior Court to reinstate the appeals and rule on the merits of them, according to Pasqualini.
Pasqualini said the Superior Court has accepted and ruled on other cases that had the same procedural filing error.
At issue is the fact that Nagle was convicted of charges in two separate cases. Pasqualini filed separate appeals and paid the Superior Court the filing fees on those two appeals but filed one notice of appeal that listed both cases when the court requires separate notices.
Not only did the Superior Court accept the filings and the money, it heard oral arguments on the merits of the appeal, she said. Then, without warning, the court quashed the appeals, she said.
"They could have just decided (these appeals) on the merits," she said. "They took our money twice."
Pasqualini said she's hopeful the state Supreme Court will agree to take up her appeal to them "as a matter of judicial economy."
"We're wasting a lot of time," she said.
The background: Nagle was committed to York County Prison on Oct. 4, 2018, to begin serving his sentence of a year minus two days to two years minus two days, but he was released after presiding Common Pleas Judge Maria Musti Cook granted his bail-pending-appeal request on Dec. 17, 2018.
It took jurors about two hours on July 20, 2018, to convict Nagle 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 Tech 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.
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: That teen also told jurors he was forced by Nagle to sit in the man'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 the July 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 senior crime reporter Liz Evans Scolforo at email@example.com or on Twitter at @LizScolforoYD.