Valva murder trial delayed again due to pandemic rules

The murder trial for the ex-NYPD cop and his former fiancee, who are accused of killing the officer’s 8-year-old son by forcing him to sleep in the freezing garage of their Center Moriches home, was delayed again on Monday.

Jury selection was set to begin next Wednesday in the trial of Michael Valva and Angela Pollina, but because the state court system is still mandating masks and social distancing, the presiding judge, State Supreme Court Justice William Condon, said he would push back jury selection to May 25 “out of an abundance of caution.”

Valva, 42, and Pollina, 44, 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. Defense attorneys have objected to trying the case under COVID-19 protocols, arguing that a mask mandate would make it impossible for their clients to get a fair trial.

During a brief conference inside a Riverhead courtroom Monday afternoon, Condon instructed the prosecutors and defense attorneys to submit questions for a jury questionnaire as part of a pre-screening process that will begin later this month in an effort to expedite the jury selection process. The judge said he expected jury selection to take two weeks for each defendant and the trial to take two months.

Condon, who previously ruled that the former couple would be tried together but with separate juries, also said that if the Office of Court Administration has not lifted the COVID-19 rules by the start of jury selection, he will opt to hold two separate trials. In that instance, the prosecution has indicated it will choose to try Valva first, Condon said.

Defense attorneys for both defendants, who did not appear in court Monday, said after the conference that they were frustrated by the latest delay and ready to proceed to trial.

“The delay is definitely frustrating,” said Valva defense attorney John LoTurco. “Michael is ready to go, obviously. He has been eager to litigate the matter and to have finality. That being said, he is still heartbroken over the loss of his child.”

Matthew Tuohy, Pollina’s defense attorney, said he’s eager to defend his client against the charges.

“I’m ready and I feel good about it,” said Tuohy. “And … as time has gone on and the more I’ve gotten to sink my teeth into the case — when it comes out and when people really listen to all the facts — I’m ready to go.”

Tuohy, who previously floated the possibility of Pollina testifying during a pretrial hearing — though she ultimately didn’t take the stand — said it’s possible she would testify at trial.

“I would say yeah, I would say right now, without throwing myself out there, are you gonna hear from her? Sure. I think so. She’s got nothing to hide. She’s got nothing to hide. It’s all going to come out.”

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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.