Modena Park man avoids additional jail time in stalker case

Bat­man’s leo­tards must be made of Te­flon, be­cause noth­ing seems to stick to the North­east Philly guy who of­ten likes to dress up as the caped cru­sader.

Fa­cing a lengthy fed­er­al pris­on sen­tence for stalk­ing Law and Or­der: Crim­in­al In­tent act­ress Kath­ryn Erbe, Charles Nagle on Sept. 7 man­aged to avoid ad­di­tion­al jail time, bey­ond the tu­mul­tu­ous four months he had already spent in Philly and New York City lockups while await­ing tri­al.

Brook­lyn-based U.S. Dis­trict Judge Jack Wein­stein ordered Nagle, 38, of Glen­field Street near Pa­tri­cian Drive in Mod­ena Park, to serve five years pro­ba­tion and pay $42,000 in resti­tu­tion to the 44-year-old act­ress.

Nagle may not be totally out of the woods, yet, however. His latest con­vic­tion will likely af­fect his on­go­ing pro­ba­tion from a 1993 child mo­lesta­tion con­vic­tion in Phil­adelphia. A judge in that case, which in­volved the ab­duc­tion and as­sault of an un­der­age girl, also spared Nagle from pris­on, is­su­ing him in­stead an 18-year term of pro­ba­tion that began in 1996.

Ac­cord­ing to Phil­adelphia As­sist­ant Dis­trict At­tor­ney Al­isa Shver, the city’s Pro­ba­tion De­part­ment has been re­view­ing Nagle’s case and may file a vi­ol­a­tion of pro­ba­tion with­in days. Nagle could be ex­posed to a state pris­on sen­tence of up to 16 years if he is found in vi­ol­a­tion.

Com­mon Pleas Court Judge Joan Brown would preside over vi­ol­a­tion-of-pro­ba­tion pro­ceed­ings. Nagle de­clined to an­swer re­port­ers’ ques­tions fol­low­ing the sen­ten­cing hear­ing in Brook­lyn, ac­cord­ing to the New York Post.

In­side the courtroom, however, Nagle denied hav­ing “ro­mantic ob­ses­sion” or “any ma­li­cious or sa­la­cious in­ten­tions,” re­gard­ing Erbe, the Post re­por­ted. Fur­ther, Nagle claimed that he was as­saul­ted while in jail await­ing tri­al and cried for Wein­stein’s mercy.

“I’m beg­ging you to keep me with my fam­ily. I’m sorry,” Nagle sobbed, ac­cord­ing to the Post.

The per­form­ance was a ma­jor de­par­ture for Nagle from the con­fid­ent, hero­ic fig­ure he liked to por­tray at auto shows, com­ic book con­ven­tions and oth­er pub­lic events. In a 2005 in­ter­view with the North­east Times — dur­ing which he used the pseud­onym Chaz Rose — Nagle boas­ted that his en­thu­si­ast­ic por­tray­als of Bat­man at vari­ous events of­ten up­staged ap­pear­ances by former cast mem­bers of the clas­sic ’60s TV series.

Re­gard­ing Erbe, pro­sec­utors claimed that Nagle’s per­sona evolved from over-en­thu­si­ast­ic fan to creepy stalk­er over a two-year peri­od cul­min­at­ing in his March 2010 ar­rest.

Nagle took his wife and two daugh­ters, who are named after Bat­man char­ac­ters, to New York in 2008 to meet Erbe at an on-loc­a­tion shoot in the city.

Dur­ing a break in film­ing, Erbe greeted Nagle and al­lowed her­self to be pho­to­graphed with him. But ac­cord­ing to pro­sec­utors, Nagle’s dark side sur­faced after se­cur­ity guards ushered him away from the set.

Nagle used on­line so­cial net­work­ing sites and hand­writ­ten let­ters both to pro­claim his de­vo­tion to the act­ress and to taunt her fam­ily, in­clud­ing her 14-year-old daugh­ter.

Dur­ing Nagle’s tri­al last fall, a tear­ful Erbe test­i­fied that the de­fend­ant pos­ted a doctored photo of the daugh­ter with a cock­roach drawn on her face and a dia­logue bubble con­tain­ing the words, “I’m ugly,” the Post re­por­ted.

Nagle was con­victed of us­ing the mail and In­ter­net to stalk the act­ress. Erbe did not testi­fy at the sen­ten­cing.

In the 1993 child mo­lesta­tion case, Nagle pleaded guilty to nu­mer­ous charges in­clud­ing cor­rupt­ing a minor, false im­pris­on­ment and in­de­cent as­sault. The dis­trict at­tor­ney’s of­fice dropped a more-ser­i­ous at­temp­ted-rape charge in ex­change for the plea.

While that case was pending, Nagle was ar­res­ted again with­in weeks for al­legedly at­tempt­ing to ab­duct an­oth­er girl. He was ac­cused of grabbing a 14-year-old on a street near Nagle’s home and telling her he wanted to have sex with her. The vic­tim and her 12-year-old sis­ter fought off Nagle.

A Mu­ni­cip­al Court judge later found Nagle not guilty of sev­er­al mis­de­mean­or charges in that case. ••

Re­port­er Wil­li­am Kenny can be reached at 215-354-3031 or

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