RIVERHEAD, N.Y. (WCBS 880) — An attorney for the NYPD officer accused of abusing his 8-year-old son for years until the boy was found dead on Jan. 17 said Thursday that the death was accidental.
According to WCBS 880’s Sophia Hall, Attorney Jon Loturco says 8-year-old Thomas Valva’s death was “purely accidental.” The boy was found inside the garage of his father’s home after he froze to death.
“This garage was unlocked, had a large electric space heater. The boys had access to the interior of the home that night,” the attorney said.
He says Thomas and at least one of his younger brothers were sleeping in the garage of Michael Valva’s Center Moriches home, but did not say why.
“This case has psychological complexities that we will discuss at a later time in reference to why the boys were in the garage in the first place,” Loturco said.
Valva, 40, and his fiancée, 42-year-old Angela Pollina, face charges of second-degree murder and endangering the welfare of a child.
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Prosecutors allege the two subjected Thomas and his two brothers to years of abuse. They claim the boys were violently hit daily, forced to rummage through the garbage for food and were made to wear diapers despite being potty-trained.
When asked about the allegations, Loturco emphasized that there needs to be a presumption of innocence.
Loturco is likely going to seek a change of venue because he believes Valva cannot get a fair trial in Suffolk County, according to Hall.
The attorney was appointed because, although Valva is still with the NYPD, he is suspended without pay cannot afford counsel.