Angela Pollina (Suffolk County Sheriff’s Office), the garage where Thomas Valva froze to death (Image via PIX 11 screengrab)
The Long Island stepmom who testified in her own defense that she was “evil” but not a killer was found guilty Friday of second-degree murder and child endangerment charges in the death of her ex’s 8-year-old son Thomas Valva.
As in the case against her former fiance and ex-NYPD cop Michael Valva, Angela Pollina, 45, faces the prospect of 25 years to life in prison in the freezing garage killing of Thomas, who was on the autism spectrum.
Her sentencing is scheduled for April 11.
Thomas Valva froze to death after his father punished him for soiling himself. The trial established that Michael Valva, of Center Moriches, sprayed the boy with a hose and forced both Thomas and his brother, 10-year-old Anthony Valva, who also has autism, to sleep in a garage during the winter.
Michael Valva initially tried to pass off his son’s death as an accident, but second-degree murder and child endangerment charges were issued against both defendants in Jan. 2020.
BREAKING: Police say NYPD officer Michael Valva left his 8 yr old son in a freezing garage overnight. Thomas Valva’s body temp was 76 degrees. Michael Valva’s fiancé is also under arrest and charged with murder pic.twitter.com/qEAxZhDGLv
— Kristin Thorne (@KristinThorne) January 24, 2020
Jurors began their deliberations in Pollina’s case on Thursday, after the defendant’s own trial testimony established that she abused the boy and that she tried to cover up that abuse. Defense lawyer Matthew Tuohy reportedly said in his closing pitch to jurors that “being a bitch” is not a crime in America.
The defense maintained that Michael Valva alone was responsible for the slaying, claiming that Pollina did not believe the victim was in “immediate danger” on the day of the murder and saying the stepmom actually provided the victim blankets and a heater.
“[Michael Valva] did it. He committed the acts. And she tried to help the boy,” Pollina’s lawyer said.
After his conviction by a jury of his peers, Michael Valva did admit he neglected and abused his sons, killing one of them.
“I am truly sorry, I am ashamed, I am heartbroken and grief-stricken standing before you having contributed to the death of my son Thomas. I loved Thomas with all my heart,” said Valva. “My actions were neglectful and abusive to my boys, resulting in the tragic death of Thomas. I lost focus on how to be a good father. I was so wrong and it cost Thomas his life.”
But the prosecution said these admissions do not mean that Pollina isn’t equally culpable under the law for murder.
“She acknowledged it was evil – and it was,” Assistant District Attorney Kerriann Kelly reportedly said, according to the New York Post’s account of what was said in court. “She tortured them! Screamed at them! She forced him out into the cold! Thomas was tortured and died for the sin of being autistic.”
Notably, jurors reportedly asked during deliberations for a read back of the murder charge and for the court to define depraved indifference.
New York law says that “depraved indifference to human life reflects a wicked, evil or inhuman state of mind, as manifested by brutal, heinous and despicable acts.” The definition contains the term “evil,” which Pollina used on witness stand to describe herself.
“I was evil,” she said of forcing the helpless boys sleep out in the garage.
During testimony, Pollina claimed she was having a “hectic” morning taking care of her three daughters and getting them ready for school before she witnessed her ex spray Thomas with the hose.
“Michael put down the hose. I just shook my head. I said, ‘what the f—,”” Pollina reportedly testified. “I was shocked by what I saw.”
Despite claiming to have been shocked by that, Pollina reportedly admitted under cross-examination that she went on to delete surveillance video at the home. The defendant suggested she only then realized how badly abused the children were.
PIX 11 has more on that testimony:
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