Trial For 2 Charged In Thomas Valva's Freezing Death Postponed

CENTER MORICHES, NY — A trial for ex-NYPD Officer Michael Valva — whose son Thomas Valva, 8, froze to death in his Center Moriches garage in 2020 — as well as his then-fiance Angela Pollina, has been postponed.

According to a media representative for Suffolk County District Attorney Tim Sini, the trial is tentatively scheduled for Jan. 1. Suffolk County Supreme Court Justice William Condon indicated that if the COVID situation changes and mandates are lifted, the trial date could be advanced, she said.

Condon has ruled that the pair will have one trial with two separate juries, Sini's representative said.

In August, Condon also ruled that a jury will be allowed to view surveillance videos of the home where Thomas froze in the garage.

John LoTurco, attorney for Michael Valva, had hoped to prevent the showing of the videos, which could potentially shed explosive light on exactly what took place the night the child died of hypothermia.

LoTurco told Patch that the trial postponement was at the request of the defense, due to "significant challenges of selecting a fair and impartial jury under current COVID-19 court mandates. It is especially difficult in this unique trial with a double jury, whereby it would essentially be a chaotic disaster to attempt to empanel 24 jurors plus alternates from hundreds of prospective jurors needed," he said.

LoTurco added that the Valva defense wants to ensure that his rights are protected at every stage of the proceedings "and we applaud Judge Condon's wise decision in this regard."

After Thomas' death, Sini unsealed five-count indictments against Valva and Pollina. Valva and Pollina were arrested on Jan. 17, 2020 and charged with second-degree murder and four counts of endangering the welfare of a child, police said. If convicted, they face 25 years to life in prison. Both remain incarcerated without bail.

In February 2020, Assistant Suffolk County District Attorney Kerriann Kelly painted a grim depiction of the day Thomas died; he was left overnight in the frigid garage with no blankets when temperatures outside plunged to 19 degrees, she said.

Thomas and his brother Anthony, 10, were undernourished, begging for food, and foraging through the garbage at school because they were so hungry, Kelly said.

LoTurco hoped to suppress videos taken that have never been publicly disclosed. Kelly said one video, taken in the house a day and a half before Thomas died — showed both boys in the garage, with Thomas shaking from the cold, saying he needed to use the bathroom, and looking at the camera "with pleading eyes for someone to help him," Kelly said.

According to the decision rendered by Condon all videos and other evidence will be admissible in court, as the testimony of all the witnesses was found to be credible.

Of the judge's determination, LoTurco said: "The Valva defense team was disappointed that our motion to suppress the physical evidence, including the video surveillance, was denied by the court. However, we were pleased that the court granted our application for severance in that Justice Condon has committed to two separate juries for Michael Valva and Angela Pollina."

Valva, a former NYPD officer, did not cry when describing the details that led up to the tragedy, a lead detective in the case said in court in May.

Thomas' mother, Justyna Zubko-Valva had pleaded for help on her Twitter page. In 2020, Zubko-Valva filed a $200 million wrongful death suit; she has been joined by scores of supporters at rallies and marches since her son's death, demanding "Justice for Thomas."

Zubko-Valva did not immediately respond to a request for comment.