Judge orders two separate murder trials in Thomas Valva's death
The ex-NYPD officer and his former fiancee charged with murder in the hypothermia death of the cop's 8-year-old son Thomas Valva, will be tried separately, the presiding judge ruled Monday.
"Out of an abundance of caution....this court has no choice but to sever these trials," Suffolk County Supreme Court Justice William Condon ruled from the bench in Riverhead Monday afternoon, adding that two separate trials was the "surest way to ensure that all parties receive a fair trial."
The stunning reversal came as the joint case against Michael Valva, 43, and Angela Pollina, 45, was expected to begin with opening arguments and testimony early next month. The two defendants have pleaded not guilty to second-degree murder and child endangerment.
But defense attorneys for Valva last week revived their motion for separate trials, which the judge had previously denied, after Valva alleged to his lawyers that he had discussed facts of the case with Pollina's attorney Matthew Tuohy when Tuohy briefly represented Valva at his initial arraignment.
The Valva attorneys argued the conversation, which Valva said was a few minutes long and Tuohy said was about 15 seconds, could present a potential conflict if Tuohy learned information during the conversation that could assist him in mounting Pollina's defense, and hurt Valva's case.
Tuohy had denied Valva's claims and said the pair only met for 15 seconds and did not discuss the case.
The judge, in making his ruling Monday, said he was not making a determination on the credibility of either Tuohy, a veteran criminal defense attorney, or Valva.
Condon also said a proposal from Valva's defense attorneys for Valva's jury to leave the courtroom when Tuohy cross-examined witnesses would have been "simply untenable and logistically impractical."
Condon had ruled last year that Valva and Pollina would be tried together in one trial but would each have their own jury. Lawyers for Valva and Pollina had argued for the former couple to have separate trials, citing their antagonistic defenses.
Both defense attorneys for Valva and Pollina praised the judge's new ruling.
Lead Valva defense attorney John LoTurco said the ruling was a "legally sound, prudent decision by the court."
"We feel that the court decided carefully to avoid any appellate issues down the road,"
LoTurco said. "So we thought it was a well thought-out decision."
LoTurco added: "We don't want the Angela Pollina defense to prejudice our case in any way.
"From the very beginning, we felt that we needed to have our own trial. There's antagonistic defenses, meaning Mr. Tuohy could be blaming our client and we could be blaming Angela Pollina, so you don't want two prosecutors in the courtroom."
Tuohy said he was "very happy" with the judge's ruling.
"Having a separate trial gives you a huge advantage, especially if you're not guilty and you're maintaining your innocence," Tuohy said. "Certainly, just not being next to him is huge. I mean, we fought for a severance aggressively in the pre-trial litigation."
Tania Lopez, a spokeswoman for District Attorney Ray Tierney, whose office is prosecuting the case, declined to comment. Prosecutors had previously argued against having two separate trials.
Prosecutors have alleged Thomas, who was on the autism spectrum, died from hypothermia after Valva and Pollina forced Thomas to sleep in an unheated garage in frigid temperatures.
Valva's attorneys have said Pollina forced Thomas to sleep in the garage and Pollina's attorney has said Valva was solely responsible for his son's death.
Both Valva and Pollina appeared in court Monday.
Valva, who usually avoids eye contact with Pollina, looked directly at her as she was being walked to her seat by court officers and after she sat down with her attorney. Pollina did not return his gaze.
Jury selection for Valva’s trial continued Monday afternoon with both the judge and prosecutor querying the potential jurors for their thoughts on subjects related to the case, such as the difference between discipline and punishment of children, their experience with people with autism and dealing with Child Protective Services.
Jury selection continues Tuesday.
The ex-NYPD officer and his former fiancee charged with murder in the hypothermia death of the cop's 8-year-old son Thomas Valva, will be tried separately, the presiding judge ruled Monday.
"Out of an abundance of caution....this court has no choice but to sever these trials," Suffolk County Supreme Court Justice William Condon ruled from the bench in Riverhead Monday afternoon, adding that two separate trials was the "surest way to ensure that all parties receive a fair trial."
The stunning reversal came as the joint case against Michael Valva, 43, and Angela Pollina, 45, was expected to begin with opening arguments and testimony early next month. The two defendants have pleaded not guilty to second-degree murder and child endangerment.
But defense attorneys for Valva last week revived their motion for separate trials, which the judge had previously denied, after Valva alleged to his lawyers that he had discussed facts of the case with Pollina's attorney Matthew Tuohy when Tuohy briefly represented Valva at his initial arraignment.
The Valva attorneys argued the conversation, which Valva said was a few minutes long and Tuohy said was about 15 seconds, could present a potential conflict if Tuohy learned information during the conversation that could assist him in mounting Pollina's defense, and hurt Valva's case.
Tuohy had denied Valva's claims and said the pair only met for 15 seconds and did not discuss the case.
The judge, in making his ruling Monday, said he was not making a determination on the credibility of either Tuohy, a veteran criminal defense attorney, or Valva.
Condon also said a proposal from Valva's defense attorneys for Valva's jury to leave the courtroom when Tuohy cross-examined witnesses would have been "simply untenable and logistically impractical."
Condon had ruled last year that Valva and Pollina would be tried together in one trial but would each have their own jury. Lawyers for Valva and Pollina had argued for the former couple to have separate trials, citing their antagonistic defenses.
Both defense attorneys for Valva and Pollina praised the judge's new ruling.
Lead Valva defense attorney John LoTurco said the ruling was a "legally sound, prudent decision by the court."
"We feel that the court decided carefully to avoid any appellate issues down the road,"
LoTurco said. "So we thought it was a well thought-out decision."
LoTurco added: "We don't want the Angela Pollina defense to prejudice our case in any way.
"From the very beginning, we felt that we needed to have our own trial. There's antagonistic defenses, meaning Mr. Tuohy could be blaming our client and we could be blaming Angela Pollina, so you don't want two prosecutors in the courtroom."
Tuohy said he was "very happy" with the judge's ruling.
"Having a separate trial gives you a huge advantage, especially if you're not guilty and you're maintaining your innocence," Tuohy said. "Certainly, just not being next to him is huge. I mean, we fought for a severance aggressively in the pre-trial litigation."
Tania Lopez, a spokeswoman for District Attorney Ray Tierney, whose office is prosecuting the case, declined to comment. Prosecutors had previously argued against having two separate trials.
Undated photograph of Thomas Valva. Credit: Courtesy Justyna Zubko-Valva
Prosecutors have alleged Thomas, who was on the autism spectrum, died from hypothermia after Valva and Pollina forced Thomas to sleep in an unheated garage in frigid temperatures.
Valva's attorneys have said Pollina forced Thomas to sleep in the garage and Pollina's attorney has said Valva was solely responsible for his son's death.
Both Valva and Pollina appeared in court Monday.
Valva, who usually avoids eye contact with Pollina, looked directly at her as she was being walked to her seat by court officers and after she sat down with her attorney. Pollina did not return his gaze.
Jury selection for Valva’s trial continued Monday afternoon with both the judge and prosecutor querying the potential jurors for their thoughts on subjects related to the case, such as the difference between discipline and punishment of children, their experience with people with autism and dealing with Child Protective Services.
Jury selection continues Tuesday.
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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