Murder trial of former NYPD officer, ex-fiancee accused of killing son Thomas Valva may be delayed

The trial for the former NYPD officer and his ex-fiancee accused of killing the officer’s 8-year-old son Thomas Valva could be delayed until January due to concerns about how COVID-19 could impact the fairness of the proceedings.

Suffolk County Supreme Court Justice William Condon said Wednesday he would consider a request from defense attorneys for Michael Valva and Angela Pollina to postpone the trial because of the court's stricter coronavirus protocols guarding against the delta variant. The prosecution agreed with the request.

Also on Wednesday, Condon ruled that Valva, 41, and Pollina, 43, would have one trial with two separate juries to consider the fate of each defendant, which he said would ensure both defendants get a fair trial. Jury selection is tentatively set for Oct. 12. Prosecutors have said they expect to call about 36 witnesses.

"We think we can overcome any logistical issues," said Condon, who said he would consult state court officials before deciding on an adjournment. Condon said he expected to have 16 jurors on each panel and that the Office of Court Administration would require everyone in the courtroom to be masked.

Valva and Pollina have both pleaded not guilty to second-degree murder and child endangerment charges in the hypothermia death of Thomas Valva and the alleged abuse of his brother Anthony, then 10. Prosecutors have alleged that Thomas died Jan. 17, 2020, after the defendants forced him to sleep in their Center Moriches unheated garage in frigid temperatures.

Both defendants, who remain in jail without bond, appeared in court briefly Wednesday. Both spoke quietly to their attorneys but did not appear to look at or communicate with one another.

Valva’s attorney Anthony LaPinta argued Wednesday that the state court system’s current rules requiring masks in courtrooms and face shields to be worn by witnesses would have a "perilous impact" on his client’s constitutional rights to a fair trial.

LaPinta said jury selection — an important component of any trial — would be adversely affected if prospective jurors are wearing masks.

LaPinta said it would be "almost impossible" to do jury selection in a "fair manner" and "would deprive Mr. Valva of due process."

"It’s just highly perilous to proceed," LaPinta said. "Given the state of affairs here with the courts and COVID, dual juries potentially having 36 jurors seated in a case between the 12 and alternates involved, it would be a logistical nightmare with the spacing requirements, with the masking requirements."

Both Pollina’s attorney Matthew Tuohy and prosecutor Kerriann Kelly told the judge they agreed with LaPinta.

"The constitutional concerns that he rightly has, the very unique circumstances of a dual jury as this case is going to proceed, we certainly have no objection," said Kelly.

Condon said he would issue a ruling on Sept. 20 on the request to adjourn the trial until early next year.

The judge ruled last month that key video evidence and other physical evidence would be admissible at the trial.

Defense attorneys for Valva and Pollina had argued during a pretrial hearing in May that the Nest camera and Ring door bell video, as well as a bag containing Thomas' clothing, was obtained by police illegally and should be suppressed.

The defense also said police failed to get permission from either Valva or Pollina to search the home and didn't get a warrant beforehand. Prosecutors denied those claims.

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.