The trial for the former NYPD officer and his fiancé accused of killing the officer’s 8-year-old son Thomas Valva could be delayed until January due to concerns about how COVID-19 could impact the fairness of the proceedings.
Suffolk County Supreme Court Justice William Condon said Wednesday he would consider a request from defense attorneys for Michael Valva and Angela Pollina to postpone the trial. The prosecution also concurred with the request.
Also on Wednesday, Condon ruled that the Valva and Pollina would have one trial with two separate juries to consider the fate of each defendant. Jury selection is tentatively set for Oct. 12.
Valva and Pollina have both pleaded not guilty to second-degree murder in the hypothermia death of Thomas Valva. Prosecutors have alleged that Thomas died Jan. 17, 2020 after the defendants forced Thomas to sleep in an unheated garage in frigid temperatures.
Valva’s attorney Anthony LaPinta argued Wednesday that the state court system’s current rules requiring masks in courtrooms and face shields to be worn by witnesses would have a “perilous impact” on his client’s constitutional rights to a fair trial.
“It’s just highly perilous to proceed,” said LaPinta.
Both Pollina’s attorney Matthew Tuohy and prosecutor Kerriann Kelly told the judge they agreed with LaPinta.
Condon said he would rule on the request to adjourn the trial till early next year on September 20.
Nicole Fuller is Newsday’s senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.
