Valva case: 12 jurors and 1 alternate selected for Angela Pollina's murder trial in Thomas Valva's death
Angela Pollina appears for a hearing at the Arthur M. Cromarty Criminal Court complex in Riverhead in May. Credit: Pool/Dennis A. Clark
Four women and eight men were selected Thursday to serve on a jury that will decide the fate of Angela Pollina, the Center Moriches woman charged in the murder of 8-year-old Thomas Valva, when her trial begins next week in Suffolk County Court in Riverhead.
The jury selection process, which saw more than half of the 600 potential jurors dismissed because they told the court they couldn’t be fair and impartial to Pollina based on their prior knowledge of the case, will continue Friday with the selection of five more alternate jurors. One alternate juror was chosen Thursday.
“We’ll start the trial on Monday morning,” declared Suffolk Supreme Court Justice Timothy Mazzei.
Pollina’s defense attorney, Matthew Tuohy, said both he and his client were pleased with the resulting panel.
“I thought we got great people,” said Tuohy, of Huntington. “I’m really, really happy with the way it went. I liked everything I heard.”
Tuohy said Pollina — the ex-fiance of Thomas’s father, the former NYPD Officer Michael Valva who was convicted last year of killing Thomas — didn’t weigh in to veto any particular would-be jurors.
“She was having her faith in me,” said Tuohy. “She was very happy. She thought these people came off as very, very fair.”
Pollina, 45, has pleaded not guilty to second-degree murder in the death of Thomas and four counts of endangering the welfare of a child for the alleged abuse of Thomas and his older brother, Anthony. The boys, both on the autism spectrum, were forced to sleep in a freezing garage as punishment for bathroom accidents.
Thomas died of hypothermia on Jan. 17, 2020, after he slept in the garage when the outside temperature was just 19 degrees.
Michael Valva was convicted of murder and child endangerment charges last year and was sentenced to 25 years to life in prison. He’s being housed at the Clinton Correctional Facility in upstate Dannemora, just south of the Canadian border.
During his trial, Michael Valva’s attorneys portrayed Pollina as a wicked stepmother and the dominant force in the relationship, who demanded that Thomas and Anthony sleep in the garage.
Tuohy, has said he plans to emphasize to the jury that his client didn’t physically harm Thomas on the morning of his death — that it was Valva who killed his son. Tuohy has also said he wanted to find highly educated jurors with emotional intelligence who can understand the dynamics of blended families.
On Thursday, prosecutors queried potential jurors about whether discipline or punishment can veer into being “evil or wicked to a child,” and their opinions on caring for children with autism.
Touhy pressed potential jurors on their understanding of the legal concept of innocent until proven guilty and the prosecution's burden of proof in a criminal case.
One possible jury member got a reprieve.
Joseph Nador, a personal injury attorney, on Wednesday had received the judge’s ire after he suggested it would be difficult to serve as a juror for Pollina’s trial because he was supposed to be picking a jury in a civil case and he wouldn’t be paid while not working for the duration of the trial.
Nador, who on Thursday also mentioned that he went to law school with Suffolk County District Attorney Ray Tierney, finally was excused after he reiterated that he’s paid based on his billable hours, so he wouldn’t receive any compensation while on jury duty.
“I guess I owe you an apology,” Mazzei told Nador. “I thought you were a plaintiff’s attorney. If I had known that yesterday, I would have excused you.”
The judge cracked: “I still don’t expect a Christmas card.”
Walking out of the courtroom well, the lawyer quipped: “You might get one!”
Before court ended for the day, Mazzei made clear to the attorneys that he intends to abide by a strict trial schedule.
When lead prosecutor Kerriann Kelly requested technology staff from the DA’s office access his courtroom to set up speakers and other equipment needed to present evidence, Mazzei snapped, “I told you guys I was off all last week … why didn’t you do it then?”
The judge added: “We’re not holding this trial up for them to do stuff in this courtroom.”
Kelly said she wasn’t suggesting a delay.
Four women and eight men were selected Thursday to serve on a jury that will decide the fate of Angela Pollina, the Center Moriches woman charged in the murder of 8-year-old Thomas Valva, when her trial begins next week in Suffolk County Court in Riverhead.
The jury selection process, which saw more than half of the 600 potential jurors dismissed because they told the court they couldn’t be fair and impartial to Pollina based on their prior knowledge of the case, will continue Friday with the selection of five more alternate jurors. One alternate juror was chosen Thursday.
“We’ll start the trial on Monday morning,” declared Suffolk Supreme Court Justice Timothy Mazzei.
Pollina’s defense attorney, Matthew Tuohy, said both he and his client were pleased with the resulting panel.
WHAT TO KNOW
- Eight men and four women have been selected to serve as jurors in the murder trial of Angela Pollina, who is charged in the death of 8-year-old Thomas Valva, her former fiance's son.
- Jury selection continues Friday in Suffolk County Court in Riverhead with the selection of five more alternates. One alternate juror was also selected on Thursday.
- Suffolk Supreme Court Justice Timothy Mazzei said opening statements in the trial would begin on Monday.
“I thought we got great people,” said Tuohy, of Huntington. “I’m really, really happy with the way it went. I liked everything I heard.”
Tuohy said Pollina — the ex-fiance of Thomas’s father, the former NYPD Officer Michael Valva who was convicted last year of killing Thomas — didn’t weigh in to veto any particular would-be jurors.
“She was having her faith in me,” said Tuohy. “She was very happy. She thought these people came off as very, very fair.”
Pollina, 45, has pleaded not guilty to second-degree murder in the death of Thomas and four counts of endangering the welfare of a child for the alleged abuse of Thomas and his older brother, Anthony. The boys, both on the autism spectrum, were forced to sleep in a freezing garage as punishment for bathroom accidents.
An undated photograph of Thomas Valva. Credit: Courtesy Justyna Zubko-Valva
Thomas died of hypothermia on Jan. 17, 2020, after he slept in the garage when the outside temperature was just 19 degrees.
Michael Valva was convicted of murder and child endangerment charges last year and was sentenced to 25 years to life in prison. He’s being housed at the Clinton Correctional Facility in upstate Dannemora, just south of the Canadian border.
During his trial, Michael Valva’s attorneys portrayed Pollina as a wicked stepmother and the dominant force in the relationship, who demanded that Thomas and Anthony sleep in the garage.
Tuohy, has said he plans to emphasize to the jury that his client didn’t physically harm Thomas on the morning of his death — that it was Valva who killed his son. Tuohy has also said he wanted to find highly educated jurors with emotional intelligence who can understand the dynamics of blended families.
On Thursday, prosecutors queried potential jurors about whether discipline or punishment can veer into being “evil or wicked to a child,” and their opinions on caring for children with autism.
Touhy pressed potential jurors on their understanding of the legal concept of innocent until proven guilty and the prosecution's burden of proof in a criminal case.
One possible jury member got a reprieve.
Joseph Nador, a personal injury attorney, on Wednesday had received the judge’s ire after he suggested it would be difficult to serve as a juror for Pollina’s trial because he was supposed to be picking a jury in a civil case and he wouldn’t be paid while not working for the duration of the trial.
Nador, who on Thursday also mentioned that he went to law school with Suffolk County District Attorney Ray Tierney, finally was excused after he reiterated that he’s paid based on his billable hours, so he wouldn’t receive any compensation while on jury duty.
“I guess I owe you an apology,” Mazzei told Nador. “I thought you were a plaintiff’s attorney. If I had known that yesterday, I would have excused you.”
The judge cracked: “I still don’t expect a Christmas card.”
Walking out of the courtroom well, the lawyer quipped: “You might get one!”
Before court ended for the day, Mazzei made clear to the attorneys that he intends to abide by a strict trial schedule.
When lead prosecutor Kerriann Kelly requested technology staff from the DA’s office access his courtroom to set up speakers and other equipment needed to present evidence, Mazzei snapped, “I told you guys I was off all last week … why didn’t you do it then?”
The judge added: “We’re not holding this trial up for them to do stuff in this courtroom.”
Kelly said she wasn’t suggesting a delay.
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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