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01/15/2013 11:54 AM

Teacher Charged With Sex Abuse in Court

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A Rochester physical education teacher who is accused of sexually abusing a student appeared in court on Tuesday.

Matthew LoMaglio, 36, is accused of course of sexual conduct against a child and endangering the welfare of a child.

The alleged abuse happened in the 2006 to 2007 school year while LoMaglio was a gym teacher at School No. 19 in the city.

Prosecutor Kyle Rossi says during that year, LoMaglio inappropriately touched a child under the age of 11.

"It's one charge that charges multiple acts," said Rossi. "It's really done for the benefit of the child who can't differentiate all of the times they may have been abused."

Rossi said the touching happened several times throughout the school year, at the school and during school hours.

He said the Rochester Police Department spent months investigating the incident after the information came to investigators in May. Rossi says it's not uncommon for a child to disclose the abuse several years after it's alleged to have happened.

"I can think of one when there was an immediate disclosure and that's of the hundreds and hundreds of cases that we prosecute every year," Rossi said. "There are a lot of reasons why children don't want to disclose: shame, secrecy, they feel helpless. They want to forget. Usually when there is a disclosure it's by accident."

Defense attorneys did not want to talk.

The Rochester City School District said when it learned of the investigation, LoMaglio was moved to an Alternate Work Location where he does not have access to students.

Rossi said they're not aware of the possible abuse of any other children.

LoMaglio is due back in court at the end of February for argument of motions.