Local man pleads guilty to rape, state seeks life
Published on March 17th, 1999
STONEHAM, MA - The streets of Stoneham and the rest of Massachusetts are a little bit safer today after Franklin Street resident Brian Nagle pled guilty to the rape of a child and indecent assault and battery of a child under the age of 14.
The prosecution has stated that on May 14, 1998, Nagle, 33, followed a six-year-old boy into a bathroom stall at an Amesbury Burger King along Route 110 and raped and indecently assaulted the boy.
The May 14 incident was the third time that Nagle had been apprehended for indecent assault and battery on a child under 14. In addition, the Franklin Street resident had been convicted of several incidents of open and gross behavior. He was on probation at the time of his arrest and was in the midst of a one year suspended sentence when he was caught in the act in Amesbury.
The state will be seeking a life sentence at the April 9 hearing. According to Joseph Amoroso, Nagle's defense attorney, the defense has asked for a sentence of 10 years.
"Given the type of offense and his record, there's no real set formula for it (sentencing)," Amoroso said when reached by the Independent. "I think that, given all the circumstances, 10 years is a fair period of time."
Asked whether he believed Nagle would transform into a productive member of society in a 10-year span, his attorney admitted, "I'm in no position to really know about that. The type of behavior that he's exhibited in the past seems to have escalated over the years."
"We were very confident," said Amesbury Police Lieutenant Gary Ingham of the case. "We were pleased with the investigation.
"If he were not to have pled guilty, we would have convicted him."
According to Eastern District Assistant District Attorney Robert Brennan, Nagle was caught in the act of rape by a witness who had entered the Burger King men's room and opened the stall which contained both Nagle and the six-year-old boy. The witness repeatedly asked what the relationship between the man and boy was before Nagle fled the scene on foot. The man and a passing motorist chased the suspect into the woods, but soon lost him.
The prosecution says that Amesbury firefighters were monitoring a police description of the man when they encountered Nagle emerging from the woods. The firefighters stopped Nagle and held him until police arrived at the scene. He was later brought back to Burger King where he was positively identified by the witness.
He is currently his one year suspended sentence in the Billerica House of Corrections.
According to Amoroso, his client has expressed some remorse for his deeds.
"He feels pretty bad about it. He's depressed and he's embarrassed for him and his family."
The defense attorney says that Nagle's plea was made, partly, to spare the victim of a court case and, partly, in hope of a lighter sentence.
"I think the judge is very good and has an open mind," Amoroso said. "He'll weigh all the instances and base his decision on that.
"Nobody wants to put this youngster through anything more than he's already been through."
He also said that he expected Nagle to undergo psychiatric treatment for his offenses as part of his sentencing.
At the time of his arrest, several Stoneham residents had been made aware of Nagle's status as the only local Level 3 sex offender. According to Lieutenant Gregory O'Keefe of the Stoneham Police Depart-ment, there are presently 12 registered Level 1 and Level 2 either working or residing in Stoneham.
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