Murder trial of Michael Valva and ex-fiancee likely delayed over virus concerns, lawyers say
Michael Valva appears in criminal court in Riverhead on May 19. Credit: Pool / Dennis A. Clark
The murder trial of ex-NYPD officer Michael Valva and his then-fiancée Angela Pollina, who are charged with killing the former officer’s 8-year-old son Thomas Valva, is expected to be delayed again because of the spread of the omicron variant, attorneys for the defendants said Wednesday.
The trial was scheduled to begin Monday in Riverhead — nearly two years after Thomas' Jan. 17, 2020, hypothermia death. But jury selection will likely not proceed as planned due to concerns about courthouse staffing, the mask mandate and juror availability amid the latest COVID-19 outbreak, the attorneys said. The state court system reinstated a mask mandate in August amid an outbreak of the delta variant.
"It’s my understanding that the case is not going to trial on Monday, but I don’t know when it’s going to be rescheduled," said John LoTurco, the defense attorney for Valva.
Pollina’s attorney Matthew Tuohy also confirmed the trial is not proceeding Monday.
A spokeswoman for the district attorney’s office did not comment.
Valva and Pollina have both been held since their arrests Jan. 24, 2020. They have pleaded not guilty to second-degree murder and child endangerment charges in the hypothermia death of Thomas and the alleged abuse of his brother Anthony, then 10.
Thomas died Jan. 17, 2020, after the defendants forced him to sleep in the unheated garage of their Center Moriches home in frigid temperatures, prosecutors have said.
Valva and Pollina were initially scheduled to go on trial Oct. 12, but Suffolk County Supreme Court Justice William Condon set the January trial date after defense attorneys argued the stricter coronavirus pandemic protocols spurred by the delta variant would hurt their clients’ abilities to get a fair trial. The prosecution did not object to the delay.
The judge has ruled Valva and Pollina would be prosecuted in one trial, but two separate juries would be selected to decide the verdict for each defendant.
The judge previously mentioned the logistical issues amid the court’s coronavirus restrictions of having two juries of 12, as well as alternate jurors, and extra court officers and other staff in a single courtroom for the trial. He called the scenario "not feasible."
Prosecutors have said they expect to call about 36 witnesses.
Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.
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