Judge OKs Review Of CPS Case On Thomas Valva, Who Froze In Garage

CENTER MORICHES, NY —A judge has issued a "non-final" decision that could allow a special committee organized by the Suffolk County Legislature to investigate the death of Thomas Valva — Thomas froze to death in his father's Center Moriches garage in 2020 — to review Child Protective Services documentation that was previously not made available.

Thomas' father, former NYPD officer Michael Valva and his fiance Angela Pollina were both arrested after the child's death and charged with second-degree murder and four counts of endangering the welfare of a child. If convicted, they face 25 years to life in prison. Both remain incarcerated without bail.

Authorities have said Valva forced Thomas to sleep in an unheated garage overnight as the temperature dipped to 19 degrees.

According to Suffolk County Legislature Presiding Officer Rob Calarco, "in the wake of this harrowing loss," a special legislative committee was convened to investigate the circumstances that led to Thomas' death.

On February 4, the special committee approved the issuance of a subpoena for all case records from the Suffolk County Department of Social Services but, Colarco said, the department refused to comply, citing New York State's social service law. While Child Protective Service documents do remain confidential in most cases, the material can be released if a child dies and if the information would not endanger any surviving children, Colarco said.

The legislature's special committee next commenced litigation to receive the documents; the motion was filed on April 2 as an Article 78 proceeding, Colarco said.

On Monday, New York State Supreme Court Justice Joseph Santorelli issued a "non-final" decision authorizing an in-camera review of these documents by the court; after the review, Judge Santorelli will render a final determination regarding whether or which documents will be released to the special committee, Colarco explained.

"The legislature is a co-equal branch of government and has a right to understand what led to this unimaginable tragedy," Colarco said. "We need to address any shortcomings in our county departments to ensure something like this does not happen again . . .Nothing can bring Thomas back. But by diligently examining all facets of this case, we can honor his memory and find solutions that will better protect our most vulnerable population."

"The work of our committee can only be as complete as the information we have access to," said Deputy Presiding Officer Kara Hahn, a member of the special legislative committee. "As lawmakers entrusted with a solemn responsibility to review the actions of county agencies prior to Thomas's death, we fully appreciate the importance of maintaining the confidentially of CPS records. However, we understand that we are reliant upon the reviewing these same documents to fulfill our obligation to Thomas, his loved ones and the residents of Suffolk County."

Legislator Tom Cilmi said he was hopeful that the court would "expeditiously" release all documentation related to the Valva case so that a thorough review can commence. "We cannot change the past. We can and should, however, do everything in our power to ensure the effectiveness of the systems and the people responsible for protecting children in our county. We owe it to Thomas that his legacy be one of change."

In May, Valva did not cry when describing the details that led up to the tragedy, a lead detective in the case said in court.

A pre-trial hearing was held for Valva and Pollina before Supreme Court Justice William Condon in Riverhead; the hearing was been held to determine whether an application by the defense to suppress audio, video and other personal items found in the Valva home should be upheld

In February 2020, Assistant Suffolk County District Attorney Kerriann Kelly painted a grim depiction of the day Thomas died. According to police, he was left overnight in the frigid garage in his father's home.

After Thomas' death, Suffolk County District Attorney Tim Sini unsealed five-count indictments against Valva and Pollina. Thomas and his brother Anthony, 10, were undernourished, begging for food, and foraging through the garbage at school because they were so hungry, Kelly said. Teachers asked Pollina and Valva to send more food to school with the boys, but that did not happen, she said.

Videos taken in the house a day and a half before Thomas died showed both boys in the garage, with Thomas shaking from the cold, saying he needed to use the bathroom, and looking at the camera "with pleading eyes for someone to help him," Kelly said. On the night Thomas died, he was left in the freezing garage with no blankets, she said.

Thomas' mother, Justyna Zubko-Valva had pleaded for help on her Twitter page. In 2020, Zubko-Valva filed a $200 million wrongful death suit; she has been joined by scores of supporters since her son's death, demanding "Justice for Thomas."

Zubko-Valva could not immediately be reached for comment.