Mom Of Thomas Valva Given Temp Custody Of Her 2 Other Kids

CENTER MORICHES, NY — The mother of a little boy, 8, who died after police said he was left to die in a frigid Center Moriches basement had her temporary custody arrangement extended Monday.

According to Newsday, Suffolk County Family Court Judge Frank Tantone continued the custody arrangement for Justyna Zubko-Valva's two sons, Anthony, 10 and Andrew, 6, who have been at home with their mother since she was awarded emergency temporary custody last week.

On Friday, Suffolk County homicide detectives arrested two people in connection with the death of Thomas Valva on Jan. 17: his father, Michael Valva, 40, and Valva's fiancée, Angela Pollina, 42, of 11 Bittersweet Lane in Center Moriches. Both were charged with second-degree murder, police said.

Although his father initially reported that Thomas died after a fall in the driveway, gruesome new details emerged Friday at a press conference by Suffolk County Police Commissioner Geraldine Hart. Thomas Valva officially died of hypothermia, according to the Suffolk County Medical Examiner, Hart said. "We believe that he was kept in the garage overnight preceding his death," Hart said, adding that when he was found, the boy's body temperature was 76 degrees and he had head and facial injuries that did not align with Valva's account of what had happened.

On Monday, according to Newsday, Valva and Pollina also appeared in Suffolk County Family Court regarding allegations of "severe abuse" to their six children; Pollina has three daughters. The pair "issued denials," according to the post; Tantone granted custody of Pollina's daughters to their biological fathers, Newsday said, including Gino Cali, father of Gia Cali, 8, and Michael Ichkhan, who has twins, 11, with Pollina.

Since Thomas' death, hundreds have taken to social media to call for the removal of the judge who ruled in the Valva case. On Wednesday, a "Rally to Remove Judges — Justice for Thomas," will take place in Mineola.

On Monday, Suffolk County Executive Steve Bellone announced the members of a new internal review committee he said will be "performing a top to bottom review of the Thomas Valva case in the Department of Social Services."

Bellone also announced the establishment of an external task force to review all Child Protective Services policies and procedures as they relate to children with autism and other developmental disabilities. Deputy Presiding Officer Kara Hahn and Deputy County Executive Jon Kaiman will co-chair the task force.

“As a parent, I am horrified by what happened to this beautiful boy,” said Bellone. “As county executive, I want to know if there’s anything else that could have been done under existing law to prevent this from happening. Beyond that, I want to know if anything in this case suggests that changes should be made to existing policy or law.”

Questions of how the system failed Thomas have been swirling since his death.

Despite a Twitter page that reads like a cry for help from the Zubko-Valva, the Suffolk County Department of Social Services, News 12 said, stated that CPS was notified about the abuse more than a year before his death.

For years, the boys' mother, Justyna Zubko-Valva begged for help in a string of frantic Tweets. "The Child Protective Services and the Court are protecting the abusers of my children and swipe everything under the rug. I am heartbroken because my children are being purposely hidden from me, and unlawfully I am not being allowed to even see my children on Thanksgiving," she wrote in 2018.

Zubko-Valva, embroiled in an ugly divorce has said she lost custody of her three boys because of false allegations, according to News 12. On Twitter, she said she was kept from the boys for 11 months and that her two oldest were put in "diapers/pullups by their father."

It is unclear what allegations led to Zubko-Valva's loss of custody.

Zubko-Valva wrote a Thanksgiving wish on her Twitter page "Stand Against Child Abuse" in 2018: "Praying to receive justice for my three little children who are being severely abused mentally and physically by their father and his woman. My children cannot receive any protection, help, and justice."

That post also included a photo of documents, which appeared to have been sent from the East Moriches School District, where her boys were enrolled. The documents, which the school district was unable to speak about or even confirm were official, according to Syntax, the agency that handles the district's communications, paint a horrifying picture of neglect.

Thomas and his brother Anthony, the report, allegedly written by Nicole Papa, special education teacher in East Moriches Elementary School, "were not allowed to eat breakfast because they did not use their manners, say good morning to Angela, or were doing nothing," the report said. The document added that the children were hungry and were not allowed to go to the nurse: "They have stated that Angela said do not go to the nurse," the report said. Anthony, the report said, lost 11 lbs. in 9 months; Thomas gained 1 lb. in 20 months; both came to school "with visible dirt on their bodies," the report said.

The school nurse, the 2018 report said, got involved in a CPS case because "Thomas had multiple bruises on his bottom from Dad."

The East Moriches School District, where Thomas was a student, released a statement from Superintendent of Schools Dr. Charles Russo: "We continue to extend our deepest sympathies to the family and friends of Thomas Valva. Thomas was a tender, loving boy who made tremendous gains during the short time he was a student in East Moriches," the statement said. "While the district legally cannot comment on any specific case, it aggressively reports to the proper authorities child abuse when it is suspected. The district will continue to cooperate with the Suffolk County Police Department as they continue with their investigation."

Despite child abuse allegations, nothing was done to remove the children from the home where Thomas died, reports said.

NBCnews.com said Frances Pierre, commissioner of Suffolk County's Department of Social Services, said an allegation of child neglect was made in 2018, which sparked child supervision, including orders of protection, for a year. After that, the post said, "CPS investigated additional complaints" connected to the family, Pierre said.

The New York Post reported that a complaint was lodged with New York State's Office of Children and Family Services about a child being forced to sleep in the garage Valva's house,"but Suffolk County's department of Child Protective Services determined it to be 'unfounded.'"

The post added that the record came from a call in Feb., 2019, which said that "Valva's son Anthony was forced to sleep in the garage because he was urinating in his bed." Anthony, the OCFS said, according the post, had been coming to school with his clothes and backpack soaked in urine.

On the day Thomas died, authorities got to the Center Moriches home to find Michael Valva conducting CPR on his son in the basement; the garage, which is unheated and unfinished, is attached to the house, Hart said. Authorities are examining calls to police at the house where the boy was found, Hart said. Some calls related to the custody arrangement during his divorce from the boy's mother, Hart said. And one call was a welfare check, although no one was home and a neighbor told police the family was in Queens, Hart said. Police are working with the Suffolk County Social Services Department to make sure every avenue is explored, Hart said.

"An event of this magnitude, the death of a child, is unimaginable, as parents, as a mother," she said. "We are going to look at every interaction this child had with the system and make sure we investigate every avenue."

When asked if Thomas was "malnourished," Hart said that was being investigated.

Suffolk County District Attorney Tim Sini made a statement on Friday. "This crime evinces the depravity of these defendants. They evinced no regard for this child's human life." Not only was he forced to sleep in the garage in frigid temperatures, but "they failed to do anything to help him as he died right in front of their eyes," Sini said. "Not only did they fail to render any meaningful aid, they lied to the police, they lied to the EMTs. This is one of the worst crimes I've ever seen. We will make sure that we seek justice in this case."

Sini confirmed that CPS has been involved with the case. The DA's office has an audio tape made on the morning that the child was found. "I've heard it for myself and I can't describe it with words," Sini said. "The depravity of these defendants is shocking," he said.

Sini said evidence suggests that two of the children living in the home, the two boys on the autism spectrum, were, at times, forced to sleep in the garage. The DA's audio recording, taken from a home security system, picked up Angela's voice saying "What are you doing?" and Michael Valva then stating, "I"m suffocating him," the DA's office said. Sini's office added that "Angela responded, 'Take your hand off his mouth; there are people around.'"

Detectives began investigating after Seventh Precinct police responded at 9:40 a.m. Jan. 17 to a report of a boy who fell in the driveway of a residence on Bittersweet Lane. The child was taken to Long Island Community Hospital, where he was declared dead, police said.

According to News12, after the boy was found dead, Valva released a statement through an attorney: "As with any tragedy, our office and Mr. Valva are shocked and saddened to learn of the horrible accident that took the life of young Thomas Valva. We mourn his death with family and friends. Since Thomas' parents are in a divorce we are unable to make any further comments at this time."

A report by CBSlocal.com. said the boy's mother, Zubko-Valva, had said that her children were in the custody of their father and that she "worried" about them. "Thomas was this little 8-year-old boy, my baby, who always was joyful, always stands for the truth, play his cars, read books, loved songs," Justyna Valva said in the report. On her Twitter account, she has expressed fears that her children were being "severely abused mentally and physically by their father and his woman."

Both Valva and Pollina are being held without bail, Sini said.

Matthew Tuohy, a Huntington based attorney, represents Pollina, and represented Valva just for the arraignment: "She's saying she's innocent and is not the cause of the child's death. She maintains her innocence 100 percent," he said.

Valva's attorney declined to comment.

Community comes together

Funeral arrangements have been arranged for Thomas Valva at Mangano Family Funeral Homes, located at 1701 Deer Park Avenue, Deer Park, NY 11729.

Visitation will be held on Wednesday from 2 p.m. to 4:30 p.m. and from 7 p.m. to 9:30 p.m. Closing prayers are scheduled for the funeral home on Thursday from 8:15 a.m. to 9 a.m.

A mass of Christian burial will follow from 9:30 a.m. to 10:30 a.m. at the St. Elizabeth of Hungary RC Church, 175 Wolf Hill Road, Melville, NY 11747. His final resting place will be at St. Charles Cemetery, 2015 Wellwood Ave., East Farmingdale, NY 11735.

Members of a heartbroken community have come forward to help Thomas' mother, Justyna Zubko-Valva. Funeral costs were paid by Mangano Family Funeral Homes, owner Sal Mangano said. "It's the least we could do for the family of this poor boy — what they're going through, the grief, it's unimaginable," he said. And Mangano isn't the only one opening his heart to help.

Thomas' story prompted Jen Simmons and Sue Cortina, who work at One World Judicial Services in Deer Park, to come forward in an act of pure love, even though they'd never met Thomas or his mother before.

"We'd followed it online and heard it on the news," Simmons said. "Our hearts just broke. We felt so bad for that little boy. We felt like we had to try and do something to help, so we reached out to Sal and he offered to donate the funeral services, and we purchased the plot at the cemetery for Tommy. We also purchases suits for Tommy and his brothers Anthony and Andrew."

Also reaching out is Elle Mangano, Sal's sister, who owns Family Florist in Deer Park. Mangano is donating all flowers to the funeral, and is also arranging for donations of gift cards, clothing, food and gifts for Thomas' brothers to be collected, since they are starting over.

"I'm asking people to write a note to the mom and include it on or in their donation. I'm going to wrap up large gift baskets for mom and the boys," Mangano said. "This way, they can see how many people care about them. I'm just hoping that we are able to bring a little peace to the family — especially his mom Justyna and two brothers. I can't even begin to imagine the pain and heartbreak that they are feeling. When Sal called me to let me know that he was handling the funeral, I knew right away that I wanted to donate the flowers to the family. My only hope is that Thomas is finally at peace and his mom is comforted by the outpouring of love and support."

Simmons and Cortina are also collecting donations of gift cards, clothing and food. "We truly just want to make sure that these boys finally get to finally live the life that they deserve and wish we could have met them sooner to help Tommy," they said.

Cortina added Tuesday that they are also collecting donations for the girls, who are now staying with their biological fathers. "We just wanted to do something for these three girls," she said, adding that clothes, gift cards and other donations can be brought to One World Judicial Services, located at 172 Brook Ave., Suite A, in Deer Park; to contact Cortina, email sc@oneworldjudicial.com.

Of Zubko-Valva, Cortina said: "She's an amazing woman. I call her my hero. The faith that this woman has is surreal. Her hert is pure love, compassion and forgiveness."

In addition, both are making blue and yellow ribbons that will be available at the wake for all to wear. "Blue for child abuse awareness and yellow because that was Tommy's favorite color," they said.

The community also turned out Sunday for a In addition, at 5 p.m. Monday, a candlelight prayer service will be held at St. John the Evangelist R.C. Church, 25 Ocean Ave., Center Moriches.
Next, at 6 p.m. Tuesday, the Center Moriches United Methodist Church, at 464 Main St. in Center Moriches, will host an "Evening of Prayer, Healing & Hope" for the community. "All churches, pastors and community are welcomed as we come together as one broken heart let us seek God, who is our restorer," the church said in a Facebook post.

The Center Moriches Fire Department is planning a "Community Fundraiser for the Family of Thomas Valva." On Wednesday and Thursday, the fire department will open its doors to accept donations.

"We will be collecting gift cards and monetary donations that will benefit Thomas' immediate family," the fire department said in a Facebook post. "Suggestions for gift cards are Visa cards, Walmart, Target, supermarkets and local restaurants like Applebee's, IHOP, Panera Bread, Dairy Queen, TGI Fridays, McDonald's and Burger King, to name a few." Donations will be accepted from 5 to 8 p.m. in the main meeting room on the second floor. For questions regarding the fundraiser, people are asked to contact Maria Renzetti at 631-484-4085 or by email at Mrenzetti@centermorichesfd.com.

A new GoFundMe page, "In Memory of Thomas Valva," has been set up to benefit Thomas' mother, two brothers and extended family.