Thomas Valva's third grade teacher testified Tuesday that she felt Michael Valva tried to intimidate her in email communications she had with him.

Kelli Wilson said that the former NYPD officer was "more interested in reporting bad things about Thomas."

The teacher said that she was concerned every day about what how much food Thomas Valva had in his lunchbox.

Wilson testified that she thought the 8-year-old looked thin but did not weigh him in fears of irritating the child's father.

Sgt. Norberto Flores, the lead detective in the Thomas Valva case, also testified Tuesday.

He noted that the child had a thin build with abrasions to the head, elbows, knees and buttocks.

Flores also said he saw video of Anthony Valva and Thomas Valva shivering on the concrete garage floor from the day before Thomas Valva died.

He said there was a series of videos of the brothers in the garage.

Defense attorney John LoTurco says they are trying to focus the jurors' attention on Michael Valva being a parent who participated in his children's lives because the top charge is a depraved murder charge.

"He did not want his children to perish in the garage. No matter the circumstances, no matter how bad it was, he did not want them to die and they will not be able to establish the depraved murder count," LoTurco says.

The case will continue on Wednesday.