AMESBURY – The state Parole Board recently denied early release for a man serving two life sentences for attempting to rape a 6-year-old boy in the bathroom of the former Burger King in 1998. 

Brian Nagle, who was 32 at the time of the May 14, 1998, incident, has been serving two concurrent life sentences in prison since 1999, when he was convicted of attempted rape and indecent assault and battery. 

Nagle’s crime led to a flurry of warnings by experts that young children should not be allowed unsupervised into public restrooms.

In its Nov. 4 decision, the Parole Board called Nagle a “serial sex offender in need of further treatment” and added that his release was “not compatible with the welfare of society.” 

In the 1998 incident, Nagle followed the unsupervised boy into a bathroom stall and committed sexual acts. Another patron entered the bathroom and discovered Nagle, who then ran from the building. Police quickly caught up to him and arrested him. At the time of the arrest, Nagle was already a registered Level 3 sex offender -- the state’s ranking which indicates a person is likely to commit another crime -- and had several convictions for open and gross lewdness and sexual assaults on children.

Nagle went before the Parole Board on Feb. 21 without an attorney, roughly five years after the same board denied Nagle’s first bid for parole. 

When board members asked him how many people he had victimized, Nagle said he couldn’t recall. The board also asked why he chose to molest children and Nagle told them he had been abused as a child. 

“The board noted that Mr. Nagle’s evaluations place him well above the average risk for re-offending, and that his triggers are anxiety, depression and isolation,” the board’s decision reads. 

The Parole Board stated that Nagle has yet to be rehabilitated and unanimously denied his motion. 

“After careful consideration of all relevant facts, including the nature of the underlying offense, the age of the inmate at the time of offense, the criminal record, the inmate’s testimony at the hearing, and the views of the public as expressed at the hearing or in written submissions to the board, we conclude by unanimous vote that the inmate is not a suitable candidate for parole,” the decision reads. 

He is eligible for a new parole hearing in five years.

During Nagle’s first hearing in 2014, the board painted an unflattering picture of his time behind bars. He incurred 17 disciplinary reports, including possessing detailed schematics of the prison, disobeying orders, lying, and possession of controlled substances, such as pills. He had been enrolled in treatment programs, but “has a poor history of participation in sex offender treatment.”

The Parole Board argued that Nagle was not ready to be released, and pointed out to him that he had not completed even the basic level of therapy required.

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