Valva Moved To Maximum Security Prison Upstate; Notice Of Appeal Filed

CENTER MORICHES, NY — Former-NYPD Officer Michael Valva spent his holidays behind bars at the maximum-security Elmira Correctional Facility in Elmira, New York.

A judge sentenced Valva in December to 25 years to life in prison after jurors convicted him of murder and endangering the welfare of a child in the death of his 8-year-old son Thomas.

A notice of appeal in Valva's case was filed Dec. 15, according to his attorney John LoTurco. The Supreme Court of the State of New York, Appellate Division, Second Judicial Department in Brooklyn will review the appeals notice, as well as the application for assignment of 18b counsel, known as a public defender for a person who cannot afford their own representation.

Once the 18b appellate counsel is appointed for Valva, "We would expect that the appellate attorney would consult with the trial attorneys to discuss our opinions regarding potential issues and appeal," LoTurco said.

The soonest Valva will be eligible for parole is Jan. 18, 2045, LoTurco said.

Valva, along with his then-fianceé Angela Pollina, who will have a separate trial, were arrested Jan. 24, 2020, and charged with second-degree murder and four counts of endangering the welfare of a child. Each faced 25 years to life in prison.

Jury selection for Pollina's trial was scheduled for Feb. 21.

Valva told the judge he was sorry at his sentencing.

"I am truly sorry. I am regretful, ashamed, heartbroken and grief-stricken, having contributed to the death of my son Thomas," he said.

Assistant District Attorney Keriann Kelly said because of Valva, "We will know what Thomas could have become, what his mark on the world would have been."

Valva was home on the last night of Thomas' life, she said. He knew how cold it was the day Thomas died, 21 degrees, but forced the child outside naked before washing him with icy water. Thomas was in the "throes of death" from hypothermia while his father screamed at him, calling him "a f------ slob, a f------ moron."

No matter what his sentence, Kelly said, Valva will get a bed in jail, have heat and a pillow, and three meals a day , instead of having to forage through the garbage for crumbs, like his boys did.

On his last Halloween, Thomas was dressed like a prisoner, Kelly said. "It symbolized Thomas' life: Thomas was a prisoner, with his death sentence executed," she said.

Thomas and his older brother, who both have autism, lived in a "house of horrors," according to Kelly. When he died, Thomas' body temperature was 76.1 degrees, 20 degrees lower than normal.

Witnesses, including teachers at Thomas' school, sobbed as they recounted seeing Thomas and his brother starving, cold, with bruises and scratches, and eating crumbs from the floor. The boys were sent to school in urine-cloaked clothing and pullups, they said.

The boys' mother Justyna Zubko-Valva pleaded for help on her Twitter page before her son died. In 2020, she filed a $200 million wrongful death suit. In June, a judge ruled that portions of the $200 million lawsuit can move forward, a judge ruled.

The Elmira Correctional Facility has been in the news recently for reports of inmate fights and officers being injured by inmates. According to WENY News,one officer was punched in the face by an inmate as recently as last month.