GUILTY NY - Thomas Valva, 8, autistic, killed, NYPD father & fiancee arrested, Suffolk Co, 17 Jan 2020 *arrests*

[Marysmith]

I’m struggling to understand why this Mom didn’t agree to see her children with supervision. Perhaps she didn’t understand the way custody works, or visitation, etc. Supervised visits are generally observed and recorded if I remember right. (Family members situation years ago.) It seems observation and a recording would validate Moms claim that the boys were being alienated. Not that it would have mattered considering the amount of corruption, obvious bias against her, parental alienation she was subjected to.

I am really struggling to understand that too... of course she’s not responsible for the murder and clearly the judge and CPS dropped the ball big time but I can’t figure out a way that decision helped either.

 

[jbennett]

Still thinking about Thomas daily and praying his Momma and brothers get the help they need to deal with this tragedy. He has gripped my heart and won’t let go. I will never forget his beautiful little face. When I think about his suffering and how confused all those children must have been for these evil to hurt them like they did it makes me physically ache with sadness.
I hope they’re getting treated really “nice” in prison. There will never be true justice in a case like this.

 

[Crimescenetape]

I am really struggling to understand that too... of course she’s not responsible for the murder and clearly the judge and CPS dropped the ball big time but I can’t figure out a way that decision helped either.

I am thinking she had severe mistrust of the whole family court system she was wading ear deep in. I can't blame her. Hers was an ugly divorce and custody battle she lost. She spent years fighting the injustice of it and then ending with the death one of her sons.

 

[Marysmith]

I’m struggling to understand why this Mom didn’t agree to see her children with supervision. Perhaps she didn’t understand the way custody works, or visitation, etc. Supervised visits are generally observed and recorded if I remember right. (Family members situation years ago.) It seems observation and a recording would validate Moms claim that the boys were being alienated. Not that it would have mattered considering the amount of corruption, obvious bias against her, parental alienation she was subjected to.

I am really struggling to understand that too... of course she’s not responsible for the murder and clearly the judge and CPS dropped the ball big time but I can’t figure out a way that decision helped either.

I am thinking she had severe mistrust of the whole family court system she was wading ear deep in. I can't blame her. Hers was an ugly divorce and custody battle she lost. She spent years fighting the injustice of it and then ending with the death one of her sons.

That makes sense.

 

[jbennett]

Mom Says Video Footage Of Thomas Valva’s Death Was Deleted

I really hope this was a misunderstanding. They better be able to show what these monsters did so they can be persecuted to the full extent of the law!!!

 

[Ontario Mom]

Mom Says Video Footage Of Thomas Valva’s Death Was Deleted

I really hope this was a misunderstanding. They better be able to show what these monsters did so they can be persecuted to the full extent of the law!!!

I really don't think anyone is surprised that damning digital evidence was deleted by the monster that killed this sweet boy.
I think we should be thankful that it wasn't all deleted.
I do believe justice will be served in this case, despite this news.

 

[wonderme12]

Valva's attorney is recusing himself, indicating that he provided "free legal advise" to Thomas' mom "in the hallway of a courtroom when she was fighting for custody of her kids" and considers it to be a conflict of interest. The Court ordered a review of his finances to see if he qualifies for a free court-appointed attorney. He'll be back in court on March 5


****

Judge allows Michael Valva's attorney to withdraw over possible conflict of interest

A judge on Monday allowed the attorney of Michael Valva to withdraw over a possible conflict of interest.

Michael Valva and his fiancée Angela Pollina are facing second-degree murder and child endangerment charges in the death of Valva's son Thomas.

The boy died of hypothermia last month after allegedly being forced to sleep in a freezing garage. Valva and Pollina pleaded not guilty.

Valva's attorney Robert Del Col said that almost a year ago, he bumped into and gave free legal advice to Valva's ex-wife, Justyna Zubko-Valva, in the hallway of a courtroom when she was fighting for custody of her kids. The judge decided that the interaction could create a conflict of interest and dismissed the attorney.

Zubko-Valva says she doesn't remember meeting Del Col, and was upset she couldn't tell the judge that on the record.

He then told Valva to hire another attorney. Valva, an NYPD transit cop, told a family court judge he couldn't afford a lawyer because his job was terminated. The department disputed that claim, saying Valva was suspended without pay.

"He keeps constantly saying … he has an excuse that he doesn't have money, he doesn't have funds, which is a complete lie. He's got thousands and thousands of dollars in his account," says Zubko-Valva, Thomas' mother.

The judge ordered a review of all of Valva's finances to see if he could qualify for a free court-appointed attorney.

Valva is due back in court on March 5.

 

[Ruminations]

Hello-

I have been watching this thread. I thought I 'd introduce myself.

This case breaks my heart. The criminals are the criminals, but there are 4 major agencies that are involved- CPS, School and Special education, law enforcement, and family court. None did the crime, and all intended to help little Thomas. Yet it does seem that all agencies could have made the crime a little less likely. IMO- and with the caveat that I mean a LITTLE less likely literally.

I have personal experience connections to the case in various ways that I don't want to reveal for fear of doxing myself. But ouch, this hurts even though I didn't know little Thomas.

-Ruminations

 

[wonderme12]

Hello-

I have been watching this thread. I thought I 'd introduce myself.

This case breaks my heart. The criminals are the criminals, but there are 4 major agencies that are involved- CPS, School and Special education, law enforcement, and family court. None did the crime, and all intended to help little Thomas. Yet it does seem that all agencies could have made the crime a little less likely. IMO- and with the caveat that I mean a LITTLE less likely literally.

I have personal experience connections to the case in various ways that I don't want to reveal for fear of doxing myself. But ouch, this hurts even though I didn't know little Thomas.

-Ruminations

Totally agree - As for the school, though, I'm not sure what more they could have have done. I'm curious what the usual protocols are after a report to CPS is made - does anyone know if CPS reports back to the person/school that made the report?

 

[jbennett]

I have a personal CPS story. I am not local but thought I would share the difference between what happened where I live and what happened to poor, little Thomas.
My best friend and neighbor is an excellent mother who takes great care of her kids. Her rambunctious 6 year old went to school with a bruise (can't remember where but it wasn't something perpetual or atypical for a 6 year old boy). His teacher called CPS and my friend ended up having 2 meetings with them to verify the injury was not abuse. They came to her house, interviewed both parents and the child separately, and reported back to the school.
Now, while I do think in my friends case they went a little overboard, at the time I told her I would much rather them act the way they did than something really be happening and the child end up like Thomas. IMO
So many agencies failed Thomas, his siblings, and his mother. Someone should be reprimanded, in addition to the evil monsters that were allowed continuous access to children they were clearly neglecting and abusing. This is such a tragic case and it has changed me. I do believe it will be the last one I read here in reference to crimes against children because it is breaking me.

 

[Ruminations]

Totally agree - As for the school, though, I'm not sure what more they could have have done. I'm curious what the usual protocols are after a report to CPS is made - does anyone know if CPS reports back to the person/school that made the report?

Only with a tiny bit of information, and only for mandated reporters, I believe.

In NY, certain people are "mandated reporters" of suspected abuse and neglect, which means by definition the report can't be anonymous. Schools are mandated reporters. They would call the mandated reporter 800 number and give the reason they believe the child may be abused or neglected. Then they follow up the report with a written report. They can ask for the findings of the report, but the findings are generally only one word, "indicated" or "unfounded."

Calls from the general public go to a different number, and callers do not have to give their name or follow up in writing. I do not think they are entitled to know if an investigation is "indicated" or "unfounded,"

All callers while discussing the situation with the NYS hotline are told if the hotline is planning to do an investigation or not based on the information given. The criteria by no means are that the caller can prove anything; investigation might not be done if the caller did not report something that seemed to mean the child could be in danger (immediate or future). But is no investigation is planned the caller is entitled to a reason and can certainly request a supervisor if the reason does not seem like a good one.

The callers identity is not shared with the family investigated and the details learned are not shared with the caller. This is intuitive. For example, the bruise example above, a school could have called it in, a parent could have given the investigators permission to speak to the pediatrician, who might confirm the follow up visit after ER, etc. and that nothing neglectful came to mind, and the child does have a greater than average number of injuries because of ADHD and partial deafness in one ear, causing balance issues that mix hazardously with poor impulse control.

The parent could share all, part or none of this medical info with the school, it's up to the parent. So when CPS finds all this, they only say, "unfounded," to the school. The medical information stays with CPS unless the parent gave it to the school.

This also prevents any person or agency to use CPS as a private eye.

 

[wonderme12]

Only with a tiny bit of information, and only for mandated reporters, I believe.

In NY, certain people are "mandated reporters" of suspected abuse and neglect, which means by definition the report can't be anonymous. Schools are mandated reporters. They would call the mandated reporter 800 number and give the reason they believe the child may be abused or neglected. Then they follow up the report with a written report. They can ask for the findings of the report, but the findings are generally only one word, "indicated" or "unfounded."

Calls from the general public go to a different number, and callers do not have to give their name or follow up in writing. I do not think they are entitled to know if an investigation is "indicated" or "unfounded,"

All callers while discussing the situation with the NYS hotline are told if the hotline is planning to do an investigation or not based on the information given. The criteria by no means are that the caller can prove anything; investigation might not be done if the caller did not report something that seemed to mean the child could be in danger (immediate or future). But is no investigation is planned the caller is entitled to a reason and can certainly request a supervisor if the reason does not seem like a good one.

The callers identity is not shared with the family investigated and the details learned are not shared with the caller. This is intuitive. For example, the bruise example above, a school could have called it in, a parent could have given the investigators permission to speak to the pediatrician, who might confirm the follow up visit after ER, etc. and that nothing neglectful came to mind, and the child does have a greater than average number of injuries because of ADHD and partial deafness in one ear, causing balance issues that mix hazardously with poor impulse control.

The parent could share all, part or none of this medical info with the school, it's up to the parent. So when CPS finds all this, they only say, "unfounded," to the school. The medical information stays with CPS unless the parent gave it to the school.

This also prevents any person or agency to use CPS as a private eye.

Wow thank you for that info <3 So I'm thinking then that because of the number of calls from the school, the break down here was clearly within CPS and the investigations that allegedly took place and resulted in the conclusion that the kids weren't in danger.

 

[jbennett]

Another sleepless night thinking about poor little Thomas. Every time my kids are hungry, cold or have to use the restroom I can't help but think of him.
Something has to change with these agencies that did not investigate properly or dismissed the claims he was in danger. I hope they all are as sleepless as me.

 

[jbennett]

Sign the Petition
Everyone please sign this online petition for Thomas. Let's do everything we can in his honor to help the next child.

 

[jbennett]

I’m struggling to understand why this Mom didn’t agree to see her children with supervision.

I've thought about this a lot and I've come to the conclusion that the only thing that would keep me away from my children in this situation is if I knew by seeing them it made things worse for them at home. Justyna clearly showed that the boys were mistreated in reference to her and their visits with her so maybe that is why she thought it best not to push back on this? Either way, it's all just so heartbreaking for her and Thomas' brothers.

 

[kaen]

I think it is possible that the reasons she chose not to see the kids were two-fold. I believe she felt that they would suffer repercussions from their father. I also believe that she saw the system as rigged and that any recorded/observed interaction with the kids would be skewed toward her being a bad mother who deserved to have not rights rather than limited ones. I have to say that while I can't imagine making this choice, I believe she made a choice to protect her kids and herself from further parental/spousal abuse AND abuse by the system who took the word of her ex because of his status as LEO. Just gross and disgusting. The responsibility for this tragedy goes beyond just the "father" and his girlfriend.

 

[Ruminations]

Wow thank you for that info <3 So I'm thinking then that because of the number of calls from the school, the break down here was clearly within CPS and the investigations that allegedly took place and resulted in the conclusion that the kids weren't in danger.

CPS has less official power than LE, and LE has less official power than it seems. Classic example, if an officer asks to come in, nobody has to say yes, absent a warrant, but it can seem like if LE asks, the only helpful and/or legal answer is yes.

People usually help LE and CPS in their investigations because they are helpful people and/or they think they must. Thomas' alleged co- killer knew that he could refuse entry.

Yet some individual CPS workers (like some individuals in LE) have an arrogant Marshall law approach to requesting and being granted entry, treat families about whom a report has been made arrogantly and check humiliating things that are irrelevant to the report. For instance, checking that there is food in the kitchen when the report was about frequent bruising. A few of those (true) stories get out...

And schools assume CPS knows everything about the family- what's in the fridge- if the laundry is folded- if there are opiates in the medicine cabinet- etc. But in reality, ordinary CPS workers would not know such details if they were irrelevant to the report, and ordinary CPS workers would not know these things even if they were relevant if they were not granted entry to get eyeballs on such details. Police need probable cause of a crime to enter a house. CPS workers can never enter a house without permission, and they only can get LE to help if there is probable cause of a crime. It's worth noting that not all neglect is a crime- IIRC mom bumped up against this when she was told that it is not a crime to spank.

CPS can know very little about what is going on. Schools might imagine they know a lot. And yes, the school could have been excessively reassured by the "unfounded" results of the investigations.

 

[jbennett]

Judge rules in favor of mother in Thomas Valva case to receive child support

 

[PayrollNerd]

Judge rules in favor of mother in Thomas Valva case to receive child support

Child support may not be taxable but withdrawals from retirement accounts are. Even if the funds are transferred via a Qualified Domestic Relations Order (QDRO). So, not only will this take 3 months but this is a taxable event for her, sigh.

I also am disgusted with this jerk that he was getting those big fat deposits of cash of undetermined origins (as previously posted) and yet he only had $30k in his retirement account.

"In court today, a judge ruled that funds from Michael's retirement plan, valued at around $30,000, will be diverted to Justyna to pay for child support.

The judge also removed the attorney for the children, Donna McCabe, from the case. That happened after Ms. McCabe requested to be relieved of her duties.

Zubko-Valva told News 12 after the court appearance that her son was failed by the system and she's trying to make sure no other child suffers the way Thomas did.

The judge also ruled that the surviving children in this case will remain in the custody of their mother.

Their next family court date is scheduled for March 13."

 

[Ruminations]

Child support may not be taxable but withdrawals from retirement accounts are. Even if the funds are transferred via a Qualified Domestic Relations Order (QDRO). So, not only will this take 3 months but this is a taxable event for her, sigh.

I also am disgusted with this jerk that he was getting those big fat deposits of cash of undetermined origins (as previously posted) and yet he only had $30k in his retirement account.

"In court today, a judge ruled that funds from Michael's retirement plan, valued at around $30,000, will be diverted to Justyna to pay for child support.

The judge also removed the attorney for the children, Donna McCabe, from the case. That happened after Ms. McCabe requested to be relieved of her duties.

Zubko-Valva told News 12 after the court appearance that her son was failed by the system and she's trying to make sure no other child suffers the way Thomas did.

The judge also ruled that the surviving children in this case will remain in the custody of their mother.

Their next family court date is scheduled for March 13."

Really? Wouldn't the account be liquidated first, then the after tax value used to pay child support?

I assumed/speculated/guessed that the amount of CS hadn't been determined yet, but that the money was expected to be liquidated and used to pay some while the amount is negotiated.

Upon liquidation, the non-custodial parent who owned the account would have to pay the taxes and any penalties on it. The amount that goes to the custodial parent would be credited as CS paid.