12 Jurors, 1 Alternate Chosen In Murder Trial Of Valva's Ex: Lawyer | Riverhead, NY Patch

2023-03-16 16:46:58 By : Mr. Alvin Huang

LONG ISLAND, NY — A total of 12 jurors and one alternate were chosen Thursday in the trial of Angela Pollina, former fiancée of Michael Valva, an ex-NYPD officer found guilty in the murder of his 8-year-old son Thomas.

Jury selection began Wednesday for the trial, and scores of prospective jurors were excused, saying they couldn't remain impartial.

Matthew Tuohy, Pollina's defense attorney, said four additional alternates will be chosen Friday — with opening arguments in the case scheduled for Monday.

"I'm very happy with the people they picked," Tuohy said, of the jury selection. "The vetting process was great. I've been doing this a while and I really was happy with the way it went."

Tuohy spoke with Patch in the days leading up to jury selection.

"I think we will win," he said previously. "Valva did it."

Valva, along with his then-fianceé Pollina, who is slated for 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 when sentenced; both had pleaded not guilty.

In November, jurors convicted Valva of second-degree murder and four counts of endangering the welfare of a child in the death of his son Thomas, who froze to death in his father's garage in 2020. He was sentenced to 25 years to life behind bars.

During Valva's trial, jurors heard emotional testimony from teachers, administrators and others, who painted a picture of Thomas and his older brother, both with autism, living in a "house of horrors," where they were beaten, starved, sent to school in urine-soaked pullups and made to sleep in a frigid garage with no blankets or pillows, according to Suffolk Assistant County District Attorney Keriann Kelly.

Suffolk County District Attorney Ray Tierney said his office stands ready for Pollina's trial.

"This case is not over here. This case will continue and we will continue to seek justice," Tierney said.

Of Pollina, Tuohy said: "She did not commit the act. He did it. The prosecution spent a tremendous amount of time vilifying her actions and words in the months prior. The reason they're doing that is because they don't have her committing the act."

During Valva's trial, one witness, a plumber, said he saw Pollina throw a child down the stairs. There was also evidence shown of texts reflecting Pollina's frustration with the incontinence of Thomas and his older brother and her stating that she did not want them in the house.

Valva's defense team painted an image of Valva as a man stressed over finances, who had nowhere to go with his boys if he had to leave the home he shared with Pollina.

Discussing the trial ahead, Tuohy said: "People are tough. We're at a stage now where people don't want to follow the law. They're saying, 'Lock her up! Who cares?'" He added: "We've got an old-fashioned fight coming up. I'm really going to advocate for her."

Thomas and his brother were forced to sleep in the frigid garage as temperatures outside plummeted to 19 degrees, prosecutors said. When he died, Thomas' body temperature was 76.1 degrees, 20 degrees lower than it should have been.

Witnesses took the stand during the trial, where the jury learned that the two boys had been sleeping on the cold floor, and eating their meals in the garage alone while the rest of the family, including the dog, were gathered in the warmth upstairs.

Teachers recalled the boys coming to school in urine-soaked clothes, wearing pull-ups and cold, always cold, their hands and faces red and chapped. And, they said, the boys were starving, crying in hunger and searching the trash and floor for crumbs.

Valva's defense attorneys, however, maintained that Polina was the dominant person in the relationship, whose "trigger" was the boys' incontinence.

Looking back to September 2017, when Valva and Pollina moved in to 11 Bittersweet Lane in Center Moriches, with both Thomas and his brother autistic and finding it difficult to communicate, the boys were "punished if they didn't use their words," given no food, the prosecution said.

Also, although both boys had been toilet trained when they began living with Valva and Pollina in 2017, by 2018, they were back in pull-ups. Due to their accidents, they were forced to sleep on the floor, on pads meant for training dogs, Assistant District Attorney Laura Newcomb said.

And, she added, there are the texts. Newcomb read one that said the boys, if they refused to listen, would be put out in the snow.

Or another: "I will beat them until they bleed," Newcomb read. And, texted Valva to Pollina: "When I get home I'm going to f------ handcuff him," Newcomb said.

Witnesses, including teachers at Thomas' school, have sobbed on the stand as they recounted seeing Thomas and his brother starving, cold, with bruises and scratches, and eating crumbs from the trash and floor.

Showing a photo of Thomas from June, 2019, taken at school with a bruise on his face, Kelly countered: "Take a look at the expression on his face. It tells you everything you need to know. Look into his eyes. The child was living in a house of horrors."

Thomas' mother Justyna Zubko-Valva pleaded for help on her Twitter page before her son died. In 2020, Zubko-Valva filed a $200 million wrongful death suit.

Zubko-Valva has not responded to requests for comment.

In June, a judge ruled that portions of the $200 million lawsuit filed by Zubko-Valva after Thomas died can move forward, a judge ruled.

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