MA’S PLEA IGNORED
Told judge kids’ lives in peril
The mother of an autistic boy who froze to death in a garage after his father forced him to sleep there repeatedly pleaded with a Family Court judge to give her custody of her kids because they were in danger, court records obtained by the Daily News show.
During a July 11, 2019, hearing in Nassau County Family Court, Judge Joseph Lorintz repeatedly rebuffed worried mom Justyna ZubkoValva’s pleas to return her three young sons to her, according to court transcripts and Zubko-Valva.
Five months later her middle boy, 8-year-old Thomas Valva, was dead.
“Everywhere I went I was being surrounded by so much injustice and corruption by the hands of the people involved in the case, the end result was Tommy’s death,” the grieving mother told The News. “There were just so many people who could’ve done something to protect my children. They completely failed to do so.”
Thomas’ father Michael Valva, an NYPD officer, allegedly beat him on Jan. 17 and made him sleep in his Center Moriches home’s frigid garage, where the boy died. Valva, 40, and his fiancée Angela Pollina, 42, were charged with murder Jan. 24.
Court records show Zubko-Valva made the chilling prediction her boys would come to a horrible end living with their father.
“Is Your Honor waiting for my child to die under the care of Michael Valva and Angela Valva?” the desperate mother asked. “Because that’s what it’s leading to. The plaintiff [Valva] is hitting the children, beating them up. Nothing is being done.”
In one exchange, ZubkoValva told the judge she wanted Thomas, his autistic older brother Anthony, 10, and Andrew, 6, returned to her because she claimed they were unlawfully taken away. The judge immediately denied the motion.
“Why? On what basis? The childrens’ life is in danger, Your Honor,” the mother asked.
“Because I said so?” Lorintz replied.
“The children’s life danger,” she repeated.
Unmoved, Lorintz “Call the authorities.”
Earlier in the hearing, after Zubko-Valva said the children is in said, were being “enormously abused,” Lorintz referred her to Child Protective Service.
“If you have reason to believe that the children are being abused, being neglected, you know how to take care of that,” the judge says.
Noting that teachers at her school’s school were reporting the neglect in some reports, she replies, “[the] children are coming soaked in urine. Anthony is sleeping in the garage, his hands and feet are bright red, Your Honor. He’s not getting any food.”
“Ms. Valva, move along,” Lorintz says. “I can’t remember everything you’re saying because you’re saying so much.”
Zubko-Valva presses on. “You Honor, the CPS is not doing the job because they are closing the reports the next day.”
Later in the hearing, Lorintz says all he can do is refer complaints to CPS. “I have no power to do any other investigation,” he says.
Zubko-Valva also expressed her frustration with Donna McCabe, the children’s court-appointed lawing yer, who insisted at the hearthat the boys were in good shape.
“Last week, I met with all three children … and they looked well. They don’t look malnourished,” she said.
Zubko-Valva told the judge that McCabe was misleading the court, according to the transcript.
McCabe did not reply to a Daily News request for comment.
Lorintz referred a call from The News to court spokesman Lucien Chalfen. “Whenever there is a death of a child and that case has been in Family Court, we immediately undertake an internal review of the case, to make sure all the proper protocols and safeguards had been followed,” Chalfen said.
“We did that in a Westchester Family Court case recently and the administrative judge in Nassau County is actively doing that at this time. Should we identify a problem, or issue with the handling of the case, we then will further address it and take whatever action is appropriate.”
For Zubko-Valva, the action comes far too late to save her child.
“Those judges are definitely responsible for Tommy’s death and this enormous abuse that was going on for so long,” the distraught mom said. “Those judges seem like they didn’t care.”