Wednesday saw an unexpected twist in the pretrial hearings for the death of 8-year-old Thomas Valva.

Michael Valva's ex-fiancée Angela Pollina did not take the stand to testify, as was expected.

Pollina's attorney says her then-fiancé Michael Valva is responsible for the death of his son Thomas.

"It was our perspective and position that the hearings went very well for us, for what we're looking to do," says Touhy.

A grand jury indictment against Michael Valva and Pollina charged both with second-degree murder. The pair is accused of forcing the boy to spend the night in a freezing garage. The next morning, he was rushed to a hospital where he was pronounced dead. Officials say Thomas Valva died of hypothermia.

Michael Valva's attorney says it's Pollina who was the "evil stepmother" and made Thomas sleep in their freezing Center Moriches garage last year.

A recording was released publicly last week of the 911 call made by Michael Valva on the day Thomas Valva died.

The case's pretrial hearings are now over, and a judge will decide on what evidence can be entered into the trial by mid-June.

Oral arguments on whether the trials will be separated are set for July.