Defense for Michael Valva rests its case in Thomas Valva murder trial
The defense rested its case Tuesday in the murder trial against Michael Valva.
Several witnesses were called by defense attorneys, including the head of security for Long Island Community Hospital.
Tony Macia testified that Michael Valva was distraught in the hospital on the day his son died.
Surveillance video from the hospital was entered into evidence by the defense and shows the father with his head in his hands rocking back.
Under cross-examination, prosecutors highlighted a section of the same video that showed Michael Valva texting for much of the time he was there with his legs stretched out.
The prosecution described his appearance as "relaxed and comfortable."
NYPD patrol officer and PBA union representative Kenneth Wengert described Michael Valva on the day after his son died as "stoic and not functioning as he normally would."
Wengert said he went with the father to the morgue and that Michael Valva was "weeping, waling, moaning and crying" when he saw Thomas Valva's body.
The last witness brought in the case was a private investigator who read text threads between Michael Valva and his ex-fiancee Angela Pollina from the day Thomas Valva died. The father texted Pollina "He cried" and "I heard him cry."
"It occurred when Michael was in the ambulance on the way to Long Island Community Hospital so he either heard Thomas crying in the ambulance or he believed he heard him cry in the ambulance," said defense attorney John LoTurco.
Thomas Valva's father and his ex-fiancee have been charged in the 8-year-old's death. Prosecutors claim they forced him and his brother to live in the garage for months - even when it was below freezing.
Michael Valva made a decision not to testify during the trial.
LoTurco says they were concerned cross-examination of the father could unduly influence the jury.
The jury has now seen and heard all the evidence they are going to hear.
The judge in the case ruled that the jury can consider second-degree manslaughter and criminally negligent homicide charges if Michael Valva is not convicted of second-degree murder.
There will be an off day on Wednesday before closing arguments are expected to begin on Thursday.
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