Thomas Valva death: Judge approves $9M settlement as mother makes tearful appeal for help

A federal judge on Wednesday said he would approve the $9 million settlement between Suffolk County and the mother of Thomas Valva, the 8-year-old Center Moriches boy who died in 2020 of hypothermia after being forced to sleep in his NYPD officer father's garage in subfreezing temperatures after Thomas' mother tearfully appealed to the judge for financial help.

"This situation is really urgent for me and my children," said Justyna Zubko-Valva, who spoke by telephone during the conference in federal court in Brooklyn to finalize the $9 million settlement reached in September. "We really need financial support."

Zubko-Valva, who lost custody of Thomas and his two brothers two years before Thomas was killed on Jan. 17, 2020, by his NYPD officer father, Thomas Valva, and Valva's then-fiancee, Angela Pollina, told the judge that she doesn't receive any child support and is not working in order to stay home and care for her children, who she said are educated remotely.

Both Valva and Pollina were convicted of second-degree murder in Thomas' death and are serving sentences of 25 years to life in upstate prisons.

"I [would] really, really like to get that financial burden off my shoulders so me and my children can finally breathe," said Zubko-Valva, who said she was getting "emotional."

An extended wait for the release of the funds would "put more financial hardship on me and my children," Zubko-Valva said, adding that she wants to "focus on the healing that's needed for all of us — especially my children."

U.S. District Judge Edward R. Korman said he would sign off on the $9 million settlement and directed Zubko-Valva's attorney to file a motion for the judge to approve the settlement.

"The only thing now that has to be done is I have to approve it," Korman said.

"Thank you so much, Judge Korman," Zubko-Valva said. "I really appreciate that."

The settlement was reached five years after Zubko-Valva filed a $200 million lawsuit against the county, several of its employees, the school district where Thomas attended and Valva and Pollina. She previously rejected a $3 million settlement. 

Zubko-Valva's attorney, Thomas Bosworth, of Philadelphia, told Newsday the judge's approval of the settlement was required before payment could be dispersed because it involves minor children as beneficiaries.

"Because the case involves money going to minors, the case requires judicial oversight," Bosworth said.

Zubko-Valva will receive a portion of the settlement directly and another portion will be directed to a trust account for her two sons, said Bosworth, adding he could not specify how much his client would be paid and how much the children would receive.

The lawyers' fee in the case, which Bosworth told the judge is a flat fee of 33%, was also at issue during Wednesday's conference.

Bosworth told the judge that Zubko-Valva's previous attorney, Jon Norinsberg, "intends to assert a lien, which we would oppose."

Bosworth said he's tried to resolve the issue with the attorney, but has not been able to come to a resolution.

"It's our position that he should get none," of the settlement money, Bosworth told the court, adding that any disputed fees would be put in an escrow account while the court mulls the issue. 

The judge made no rulings on the issue of attorneys' fees.

Norinsberg, of Manhattan, said in a text message Wednesday: "At the appropriate point, we will be submitting full evidentiary materials documenting the extensive work my firm performed on this case."

The lawsuit filed in June 2020 by Norinsberg named as defendants Suffolk County and seven Child Protective Services supervisors and investigators; Valva and Pollina; several attorneys and law offices involved in the placement of the children, and the East Moriches school district and administrators. Zubko-Valva and her surviving children were listed as the complainants.

The complaint alleged the boy's death was "not only foreseeable, but completely preventable" following years of reports to Child Protective Services by Thomas' mother describing the abuse.

"For over three years ... Zubko Valva begged, implored and pleaded with [the defendants] to remove Tommy, as well as his two brothers, Anthony and Andrew, from the custody of [Valva and Pollina] who had abused, starved and tortured the children for years," the complaint read. "The defendants did nothing."

Valva and Pollina forced Thomas and his older brother Anthony, both on the autism spectrum, to sleep on the bare concrete without mattresses, pillows or blankets in the garage, according to trial testimony.

In video from a home surveillance system that Pollina controlled, which was displayed for the juries during both trials, the boys were seen shivering in freezing temperatures.

Thomas and Anthony appeared "emaciated" and starving during most of their time at East Moriches Elementary School, their teachers and other school officials testified, adding they also came to school with bruises, cuts and other injuries. 

The teachers and school officials called Child Protective Services many times, including a group effort to "flood" a CPS abuse reporting line, but the boys remained living with Valva and Pollina, they testified at both trials.

A special grand jury impaneled by Suffolk County District Attorney Ray Tierney stopped short of recommending criminal charges for CPS workers involved in the case, but issued a number of recommendations, including amending a state law that shields unfounded CPS reports from grand juries and district attorneys, the report says. 

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.