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Suffolk County District Attorney Ray Tierney

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Gregory Vasicek

Suffolk County District Attorney Raymond A. Tierney announced on May 15 that Gregory Vasicek, 60, of Queens, and president of the Queens-based charitable organization Play4Autism, pleaded guilty to the charge of Scheme to Defraud in the First Degree, and admitted to promising to pay thousands of dollars to various vendors for goods and services for which he never paid.

“This defendant preyed upon the goodwill of Suffolk County residents and business owners under the guise of helping autistic children to benefit himself,” said District Attorney Tierney. “My Office will continue to hold accountable all those who manipulate, steal, and violate the public’s trust.”

According to the investigation and the defendant’s admissions during his plea allocution, between April 21, 2022 and May 2, 2022, Vasicek wrote numerous checks from his charity’s bank account, while knowing that the funds in the organization’s account would be insufficient to pay for the services and property being purchased. Among the victims of the defendant’s scheme were a golf course and restaurant in Manorville, and an amusement park in Farmingdale. Despite repeated attempts to obtain payment from the defendant by these vendors, Vasicek never paid for the goods and services provided to him in connection with those purchases.

page1image21187008The investigation also revealed that the defendant fraudulently solicited and received hundreds of dollars in registration fees from donors for a golf outing that he represented was to occur at the Manorville golf course on October 19, 2022. No such outing was ever scheduled to take place on that date, or any subsequent date at that location.

On May 12, 2023, Vasicek pleaded guilty before Acting Supreme Court Justice, the Honorable Richard I. Horowitz to the charge of, Scheme to Defraud in the First Degree, a Class E felony. He is due back in court for sentencing on July 6, 2023. Vasicek is being represented by the Legal Aid Society of Suffolk County.

This case is being prosecuted by Assistant District Attorney Stuart P. Levy of the Public Corruption Bureau.

The Suffolk County District Attorney’s Office is asking anyone who suspects that they may have been defrauded by Vasicek or his charity to call (631) 853-4626.

 

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Suffolk County District Attorney Raymond A. Tierney announced on May 8 that Christopher Guzman, 40, of Farmingville, was indicted for allegedly driving while impaired by fentanyl and causing a three-car collision that claimed the life of a 22-year-old Centereach man,  and injured two other drivers.  

“While this defendant was operating his vehicle, he was allegedly impaired by fentanyl, one of the  deadliest drugs in America, which has affected our communities here in Suffolk County,” said  District Attorney Tierney. “Sadly, the defendant’s alleged use of fentanyl in this case forever  changed the life of an innocent victim. The tragic death of 22-year-old Timothy Carpenter is yet  another sad reminder of the consequences of driving while impaired by drugs. Swift legislative  action needs to be taken to strengthen our DWI laws as well as increase the penalties for fentanyl  related crimes.”  

According to the investigation, on March 19, 2023, at approximately 5:00 p.m., Guzman was  driving a 2022 Chevrolet Silverado westbound on Middle Country Road in Centereach when he  allegedly crossed over the double yellow lines and sideswiped a 2011 Toyota Camry that was in  the eastbound lanes. The impact caused the Camry, being driven by 66-year-old Virginia  Molkentin, to spin out of control. Guzman’s vehicle allegedly then proceeded to cross over into the eastbound lanes traffic, and crashed into a 2012 Ford Escape driven by 55-year-old Stacy  Carpenter.

Timothy Carpenter, the driver’s nephew, was the front seat passenger in the Ford  Escape at the time of the collision. Both Stacy and Timothy Carpenter were taken by ambulance  to Stony Brook University Hospital. Stacy Carpenter was treated for serious injuries he sustained  from the crash, and Timothy Carpenter died due to the injuries he sustained. Guzman and the other  driver, Virginia Molkentin were also transported to Stony Brook University Hospital where they  were treated for non-life-threatening injuries. While at the hospital, police officers allegedly  observed that Guzman was exhibiting signs that he was impaired by drugs.  

On May 8, Guzman was arraigned on the indictment before Supreme Court Justice, the  Honorable Timothy P. Mazzei for the charges of:  

∙ One count of Aggravated Vehicular Homicide, a Class B felony;  

∙ One count of Manslaughter in the Second Degree, a Class C felony;  

∙ One count of Vehicular Manslaughter in the Second Degree, a Class D felony;  ∙ One count of Aggravated Vehicular Assault; a Class C felony;  

∙ Two counts of Assault in the Second Degree; a Class D violent felony;  ∙ Two counts of Vehicular Assault in the Second Degree, a Class E felony;  ∙ One count of Driving While Ability Impaired by Drugs, an Unclassified misdemeanor; and  ∙ One count of Reckless Driving, an Unclassified misdemeanor.  

Judge Mazzei ordered Guzman held on $75,000 cash, $150,000 bond, $750,000 partially secured  bond and suspended his license. He is due back in court on June 21, 2023.



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Faustino Cruz-Marquez

Suffolk County District Attorney Raymond A. Tierney on May 4 announced that Faustino Cruz-Marquez, 26, of Manorville, pleaded guilty to Manslaughter in the First  Degree during the third day of his jury trial.  

“A simple workplace dispute should not have led to the killing of Maria Carmelina Velasquez Zhau,” said District Attorney Tierney. “We are satisfied that justice has been served now that the  defendant has taken accountability for his crimes, and that he will no longer put the victim’s family  through any more pain throughout a trial.”  

According to the investigation and evidence presented during the trial, 37-year-old Maria Carmelina Velasquez-Zhau was last seen on the evening of July 28, 2020, on the Cosmos Farm in  Manorville, where she worked and resided. The victim lived in the property’s main house —  separate from Cruz-Marquez, who also lived on the farm.

On the evening of July 29, 2020, when  the farm owner realized the victim had not shown up to work — an unusual occurrence — he led  multiple search efforts to locate her and notified her family in Queens and New Jersey. The next  day, July 30, 2020, the victim’s family drove to the farm to search for her. During the search effort,  the lifeless body of Velasquez-Zhau was found in a wooded area on the outskirts of the farm. The  cause of death was determined to have been homicidal violence by unspecified means, consistent  with strangulation. 

Through the course of the investigation, it was revealed that another farm worker, Javier Santos Moreno, last saw the victim on the evening of July 28, 2020, in the worker’s kitchen, where she  was engaged in a physical altercation with Cruz-Marquez. The victim had accused Cruz-Marquez  of being responsible for some of the produce getting damaged, making it unavailable for sale.  Santos-Moreno informed detectives that the defendant called him that night and told him that he  choked Velasquez-Zhau to death and threatened him with violence if he told anyone what he saw.  Testimony about their phone call was corroborated by phone records.  

DNA evidence linking Cruz-Marquez to the victim’s murder was recovered from the victim’s  fingernails, and photos of the defendant’s injuries taken in the days after the crime were recovered  from his cell phone.  

On May 3, 2023, Cruz-Marquez pleaded guilty before County Court Judge, the Honorable  Stephen L. Braslow, to Manslaughter in the First Degree, a Class B violent felony.  

Cruz-Marquez is due back in court on June 5, 2023, and is expected to be sentenced to be  sentenced to 13 years in prison, with five years of post-release supervision.

 

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Paul Ludeman

Suffolk County District Attorney Raymond A. Tierney announced on April 27 that Paul Ludeman, 56, of Holtsville, pleaded guilty to Grand Larceny in the Third Degree, Driving While Ability Impaired, and Endangering the Welfare of a Child, after he stole a vehicle while there was a 14-month-old sleeping baby inside.

“This defendant had absolutely no regard for the law or anyone, for that matter, when he stole a vehicle with a baby in the backseat while under the influence of alcohol,” said District Attorney Tierney. “This could have ended in a tragedy, but luckily the child’s grandmother and a Good Samaritan were able to get the child out of the vehicle before this defendant crashed into the guardrail. This blatant disregard for the public’s safety was thoughtless and now the defendant is going back to prison.”

According to the investigation and the defendant’s admissions during his plea allocution, on February 14 Ludeman stole a vehicle with an infant inside and drove away while his ability to drive was impaired by his consumption of alcohol. Despite Ludeman’s attempt to flee from the owner of the vehicle and the police, the infant’s grandmother, along with a good Samaritan, were able to follow Ludeman and get the 14-month-old child out of the vehicle without injury, before Ludeman continued to flee and eventually crash the vehicle into a guardrail in Greenport.

On April 25, Ludeman pleaded guilty before Acting County Court Judge, the Honorable James McDonaugh, to Grand Larceny in the Third Degree, a Class D felony, Endangering the Welfare of a Child, a Class A misdemeanor, and Driving While Ability Impaired, an Unclassified Misdemeanor. At the time of his plea, Judge McDonaugh set bail on Ludeman in the amount of $250,000 cash, $500,000 bond, or $1 million partially secured bond.

Ludeman is due back in court for sentencing on May 30, 2023, where he is expected to be ordered to serve two to four years in prison. He is being represented by the Legal Aid Society.

This case is being prosecuted by Assistant District Attorney Tara O’Donnell of the Major Crime Bureau.page2image29264944

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Stock photo

Suffolk County District Attorney Raymond A. Tierney announced on April 28 that his office’s Financial Crimes Bureau, in partnership with the Suffolk County Police Department’s Financial Crimes Unit, were able to recover $140,000 and return it back to an 87-year-old Suffolk County victim of a phone scam and warns the public to very skeptical if they face similar circumstances.

“Scammers are becoming more and more sophisticated, and they are preying on our vulnerable elderly population. The public needs be made aware of how they operate so they can take precautions to safeguard their funds if they are targeted,” said District Attorney Tierney.

“Due to the diligence and timely efforts of law enforcement partners, we were able to recover $140,000 here and provide it back to the victim. To avoid being scammed, any time you receive a phone call or communication where the person requests your personal information, money, or requests a transfer of funds, stop that line of communication. Hang up the phone. Do not respond to that e- mail or text. Take a moment to slow down and be skeptical. Call your bank or the agency that the scammer says they are from using published phone numbers (not a phone number the scammer gives you). Consult an expert or law enforcement, or just speak with your dependable friends or relatives about the phone conversation before accepting the story as true and sending money,” he said.

According to the investigation, the scam here began in July 2022, when the elderly victim was told by someone purporting to be from her bank that her account had been flagged, and she was instructed to call a number for “FBI Special Agent Johnson.” The victim, who is from Setauket, asked that her identity be kept confidential.

When the victim called the number provided by the scammer, the purported “FBI agent” advised the victim that someone had stolen her identity in order to rent a vehicle which was recovered in Texas with drugs and blood found in it. The phony agent further directed the victim that to protect her savings from the thieves who had stolen her social security number and identity, she needed to send her money to others for safekeeping and to pay for a new social security number.

The scammer established a rapport with the Suffolk County victim by calling every day to check up on her. The scammer’s efforts ramped up when he told her that there was a “gag order” placed on her, so she would not divulge “confidential information” on an “open investigation.” The scammer also sent her confirmation letters of transactions between the two on counterfeit FBI letterhead. In total, the victim sent the scammer cashier’s checks totaling over $650,000.

In December 2022, an Adult Protective Services Investigator from South Bend, Indiana, reached out to a Suffolk County Police Department Financial Crimes Unit detective to alert her that that while Indiana authorities were investigating a phone scammer case, they had obtained the name of the Suffolk County woman, who may have also been a victim. The victim here was initially apprehensive to talk to the Suffolk County detective because she had already been manipulated by the scammer on the phone who warned her the detective may be a con artist. Once the victim confirmed that the detective was a legitimate member of law enforcement, the victim described the elaborate scheme that had led to her sending more $650,000 to the fraudulent “FBI agent.”

The District Attorney’s Financial Crimes Bureau prepared a seizure order which seized $115,000 from a South Bend bank account, which represented some of the monies sent by the Suffolk County victim. Those funds were returned to the victim. Investigators on this case also learned that the victim had sent a cashier’s check for $25,000 to a location in Queens, New York.

After discovering that the package with the check was still in transit, detectives worked in unison with FedEx authorities to intercept that package before it was delivered and returned the $25,000 check to the elderly Suffolk County victim.

If you or someone you know may have been a victim of this or any scam, please call the Suffolk County Police Department’s Financial Crimes Unit at 631-852-6821.

 

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Pixabay photo

Suffolk County District Attorney Raymond A. Tierney announced on April 24 that a jury found David Cruz, 32, of Medford, guilty of Manslaughter in the First  Degree, for the 2022 beating death of Jake Scott, 32, of Centereach.  

“This defendant’s job as a bouncer was to protect patrons of the establishment he worked for, and  to remove anyone who posed a threat to customers, but it turned out that the only threat to the  public on the night of this victim’s tragic death, was the defendant himself,” said District Attorney  Tierney. “This entire situation could have been de-escalated, but the defendant could not control  his temper and beat Jake Scott so badly, that he needed to be placed into a coma and later died due  to the severity of his injuries. I am thankful that the jury paid careful attention to this case and  found the defendant guilty of this violent and senseless crime.”  

The evidence at trial established that on August 21, 2022, Cruz was working as a bouncer at Tailgaters Bar in Holbrook when he got into a verbal dispute with Scott. According to witness  testimony, Scott called Cruz a “weirdo” earlier in the evening, which may have been the catalyst  for the argument. 

At approximately 2:45 a.m., Cruz went outside of the bar and engaged in a further verbal exchange  with Scott. During that exchange, Cruz repeatedly attempted to draw Scott out of view of the bar’s  surveillance camera. After failing to lure Scott out of the camera’s view, Cruz walked to his vehicle  and returned to the front area of the bar a short time later. Once there, Cruz dragged a chair over to the bar’s surveillance camera, stood on the chair, took off his shirt, and then covered the security camera.  

Apparently unaware that a security camera from a nearby business was filming, Cruz, who stands  6 feet 5 inches tall and weighs 270 pounds, immediately began to assault Scott after he covered  the bar’s security camera. The video footage depicted Cruz delivering his first punch while Scott was starting to get up from his seat as Cruz came towards him. Scott then fell onto the cement  sidewalk and remained there as Cruz got on top of him, delivering more punches to Scott’s head.  When Scott lay motionless and unconscious on the ground, Cruz grabbed Scott’s shirt and pulled  him up, yelling at Scott to get up. When Scott did not respond, Cruz dropped him back to the  ground and delivered a final blow to Scott’s head before fleeing the scene. Cruz surrendered to  police three days later, on August 24, 2022.  

Scott was taken to Stony Brook Hospital where he was placed into a medically induced coma.  While at the hospital, doctors determined Scott suffered a brain bleed, a complete skull fracture,  and a traumatic brain injury. Scott remained in the hospital for 11 days before he succumbed to his  injuries and passed away.  

On April 24, Cruz was found guilty after a jury trial heard before Supreme Court Justice, the  Honorable John B. Collins, for the crime of Manslaughter in the First Degree, a Class B violent  felony. Cruz is due back in court on May 25, 2023 for sentencing, and faces up to 25 years in prison.  

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Pictured above is “Peep,” one of the chicks sold to District Attorney Squad Detectives during their investigation.

Suffolk County District Attorney Raymond A. Tierney announced on April 5 that multiple Suffolk County businesses have been charged with misdemeanors for selling day-old baby chicks in quantities less than allowable by New York State law.

“Each spring around Easter time, people purchase newly born baby animals, including chicks, ducklings, and rabbits, to use as live decorations or to give as gifts,” said District Attorney Tierney. “Sometimes, these animals are also dyed bright colors which can cause illness and death to the animal. I remind everyone that animals are not toys or merchandise, and my office will continue to protect animals by enforcing the laws regarding their care and sale.”

“The only animal that belongs in an Easter basket is a stuffed animal or one made of chocolate. Ducks, chicks, and bunnies require daily care, safe housing, specialized veterinary care, and a 10- year commitment. Yet, when they’re sold individually to impulsive customers, they first end up in Easter baskets, and next, abandoned in local parks where they’re unable to survive. Without a flock, they often die from lack of warmth or become imprinted on humans, permanently compromising their welfare,” said John Di Leonardo, anthrozoologist and Executive Director of Humane Long Island.

“Humane Long Island thanks the Suffolk County District Attorney and its Biological, Environmental, and Animal Safety Team for their investigation, and urges families to remember that domestic animals are thinking, feeling individuals who need lifelong care.”

“As a former federal prosecutor, I know that a law is only as good as the effort put into its enforcement. The businesses that sell these baby chicks know that they are violating the law and harming animals and they didn’t care, thinking that they would never be caught,” said Bonnie S. Klapper, Esq., counsel for Humane Long Island. “Thanks to the excellent work of the Suffolk County District Attorney’s Office and its investigators, they now know otherwise.”

Restrictions on the sale of baby chicks, ducklings, other fowl, and bunnies are set forth in New York State Agriculture and Markets Law (“AML”) section 354, which states in part that “no person shall sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl or baby rabbits under two months of age in any quantity less than six.”

Additionally, the law prohibits the sale, “offer for sale, barter or display living baby chicks, ducklings or other fowl or baby rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color.” Any violation of this law may result in a misdemeanor charge punishable with up to one year in jail and a $500 fine.

For the past several weeks, members of the Suffolk County District Attorney’s Office and the Suffolk County Police Department’s District Attorney Squad investigated businesses that were illegally selling baby chicks, and subsequently made multiple arrests including:

 LONG ISLAND POULTRY – On March 3, 2023, Suffolk County Police Department Detectives entered Long Island Poultry located at 2089 Sound Avenue in Calverton, and purchased four baby chicks which were only a few days old. On April 4, 2023, Long Island Poultry was charged with one count of AML 354(3). They are due to appear in Suffolk County First District Court on April 24, 2023 to be arraigned on the charge.

 RALEIGH POULTRY FARM, INC. – On March 23, 2023, Suffolk County Police Department Detectives entered Raleigh Poultry Farm, Inc. located at 335 Old Indian Head Rd in Kings Park, and purchased three baby chicks which were only a few days old. On April 4, 2023, Raleigh Poultry Farm Inc. was charged with one count of AML 354(3). They are due to appear in Suffolk County First District Court on April 24, 2023 to be arraigned on the charge.

 AGWAY OF PORT JEFFERSON – On April 3, 2023, Suffolk County Police Department Detectives entered Agway of Port Jefferson, located at 295 Route 25A in Mount Sinai, and purchased two baby chicks which were only a few days old. At the same location, minutes later, another Suffolk County Police Department Detective purchased four additional baby chicks which were only a few days old. On April 4, 2023, Agway of Port Jefferson was charged with one count of AML 354(3). They are due to appear in Suffolk County First District Court on April 24, 2023 to be arraigned on the charge.

If you have any information regarding the illegal sale or dying of baby animals, please contact the Suffolk County District Attorney’s Office at [email protected].

Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.

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Madeline Henriquez

Suffolk County District Attorney Raymond A. Tierney announced on March 22 that Madeline Henriquez, 22, of Brentwood, pleaded guilty to running over a woman and killing her, fleeing the scene, and attempting to hide her vehicle which had sustained extensive damage from the crash.

“Cherokee Fletcher was a mother of five young children. She was standing at a light waiting to cross the street after getting cash for one of her kids to attend a field trip. As she stood feet from the home she shared with her children, this defendant drove up onto the sidewalk and crashed into her. Instead of stopping and getting help or rendering aid to Cherokee, this defendant drove away leaving her to die, and later attempted to conceal her cowardly crimes,” said District Attorney Tierney. “There are no penalties under the law that can make up for the fact that there are five children right now who are left without a mother because of this defendant’s recklessness.”

According to the investigation and the defendant’s admissions during her guilty plea allocution, on May 23, 2022 at approximately 10:08 p.m., Henriquez was driving a 2012 Hyundai Elantra eastbound on Motor Parkway at a high rate of speed when she swerved into the northbound lane of Wicks Road, striking a vehicle and subsequently striking 28-year-old Cherokee Fletcher, who was standing on the southeast corner of Motor Parkway and Wicks Road.

Fletcher, who had five children between the ages of one to seven years old, was killed as a result of being struck by Henriquez. Henriquez did not slow down or stop at the scene and proceeded eastbound on Motor Parkway until she returned to her home in Brentwood.

Henriquez admitted she later had a tow truck pick up the Hyundai and bring it to another residence in Brentwood for repairs related to the damage from the crash. The windshield and passenger side of Henriquez’s vehicle had extensive damage consistent with being involved in a crash with both a vehicle and pedestrian.

On May 26, 2022, a search warrant was executed for the residence in Brentwood where Henriquez’s car was being worked on, and the vehicle was impounded. One week later, on June 2, 2022, Henriquez surrendered at the Suffolk County Police Department’s Fourth Precinct and was arrested. A search warrant was granted for Henriquez’s cell phone which she agreed to provide to police during her surrender. However, Henriquez instead provided a phone that was not in use at the time of the crash in an effort to conceal evidence showing her knowledge of the crimes.

On March 22, 2023, Henriquez pleaded guilty to the following charges:
 Manslaughter in the Second Degree, a Class C felony,
 Leaving the Scene without Reporting, a Class D felony,
 Two counts of Tampering with Physical Evidence, a Class E felony, and
 Reckless Driving, an Unclassified misdemeanor.

She is due back in court on May 19 for sentencing, and is expected to be sentenced to
3 1⁄2 to 10 1⁄2 years in prison.

Criminal complaints and indictments are merely accusatory instruments.
Defendants are presumed innocent until proven guilty. No one is above the law.

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Pixabay photo

Suffolk County District Attorney Raymond A. Tierney announced on March 15 that Alexander Castillo, 26, of the Bronx, was indicted for allegedly shooting two individuals following a dispute in a Port Jefferson pool hall over losing money in multiple games of pool.

“This defendant allegedly lost money playing pool and then decided to steal back his losses with an illegal firearm, shooting two people in the process,” said District Attorney Tierney. “Fortunately, both victims survived their injuries, and no others were hurt. This case is a prime example of why my office is committed to stopping gun violence.”

According to the investigation, on December 28, 2022, Castillo was playing pool at a pool hall on Main Street in Port Jefferson for several hours. Over the course of the evening, Castillo allegedly became angry as his financial losses mounted after he placed wagers on each game. At approximately 7:05 p.m., Castillo left the pool hall and returned approximately three minutes later wearing a ski mask and hat, and carrying a loaded firearm. Castillo allegedly attempted to forcibly take back his losses from his opponent by displaying the loaded firearm and demanding the money back that he had lost playing pool throughout the night. A struggle ensued where Castillo’s opponent and another male tried to wrestle the gun away from Castillo.

When the struggle spilled out into the street, Castillo allegedly shot one victim in the groin area and shot the second victim in the chest. After shooting the two men, Castillo fled before police arrived. Both victims were taken to local hospitals and received emergency medical treatment for their injuries. Castillo was discovered hiding out in New York City and was arrested on February 10, 2023 by the Suffolk County Police Department.

Castillo is charged with the following:

 One count of Attempted Murder in the First Degree, a Class B violent felony;

 Two counts of Assault in the First Degree, a Class B violent felony;

 Two counts of Criminal Use of a Firearm in the First Degree, a Class B violent felony;

 Two counts of Attempted Robbery in the First Degree, a Class C violent felony;

 Two counts of Criminal Possession of a Weapon in the Second Degree, a Class C violent felony;

 One count of Criminal Use of a Firearm in the Second Degree, a Class C violent felony;

 Five counts of Assault in the Second Degree, a Class D violent felony,

 One count of Attempted Robbery in the Second Degree, a Class D violent felony,

 One count of Criminal Possession of a Weapon in the Third Degree, a Class D felony, and

 One count of Petit Larceny, a Class A misdemeanor.

On March 15, 2023, Castillo was arraigned on the indictment by Supreme Court Justice, the Honorable Richard Ambro, who ordered him held on $1 million cash, $2 million bond or $5 million partially secured bond. Castillo is due back in court on April 13, 2023, and is being represented by the Legal Aid Society.

Criminal complaints and indictments are merely accusatory instruments.

Defendants are presumed innocent until proven guilty. No one is above the law.

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Angela Pollina. Photo from SCPD

Suffolk County District Attorney Raymond A. Tierney announced on March 10 that a jury found Angela Pollina, 45, of Center Moriches, guilty of Murder in the Second Degree and other related charges, for her role in the death of her stepson, 8-year-old Thomas Valva, who died of hypothermia in 2020 after Thomas and his 10-year-old brother were forced to sleep in an unheated car garage in below-freezing temperatures.

“The cruelty that Thomas and his brother had to endure because of this defendant’s callous and selfish conduct is abhorrent, and, thankfully, the jury clearly agreed,” said District Attorney Tierney. “Her treatment of these children was nothing short of pure evil. This defendant will now face the consequences of her actions and will experience her own imprisonment just as she forced these boys to live imprisoned in a freezing garage. Unlike Thomas and his brother, Pollina deserves this punishment.”

The evidence at trial established that Pollina consciously disregarded the wellbeing of her stepsons Thomas and Anthony, and that disregard led to Thomas’ death on the morning of January 17, 2020. For months leading up to Thomas’ death, text messages were exchanged between Pollina and her fiancé Michael Valva, 45, the boys’ father, which showed Pollina’s insistence that the boys sleep in the garage of their Center Moriches home and not be allowed to use the bathrooms inside.

At Pollina’s insistence, Thomas and Anthony were forced to sleep in the garage without blankets for months prior to the incident. The night before Thomas died, he and his brother had been in the garage for 16 hours after returning from school, and spent the night there with no heat, no bathroom access, no mattress, and no blankets while in 19-degree weather. Because he was freezing to death, the next morning, Thomas had an accident and soiled his pants. Evidence submitted from a home surveillance camera captured Pollina sitting in the kitchen doing her bills, well aware of Thomas’s condition and doing nothing to help care for him. When one of the other children asked why Thomas couldn’t walk, Pollina replied, “Cause he’s hypothermic, hypothermic means you’re freezing, washing yourself in cold water when it’s freezing outside, you get hypothermic.”

The surveillance video also showed she watched Thomas being hosed down in the backyard with cold water, and took the time to reprimand his father for yelling because the neighbors might hear. Two hours later, Thomas was pronounced dead due to hypothermia.

According to his testimony at the trial, Homicide Detective Norberto Flores of the Suffolk County Police Department responded to the hospital and when he asked, “What happened?” Pollina fabricated a story that Thomas was running for the bus when he fell and hit his head.

Thomas and Anthony were living at the home with Pollina, Valva, a third brother, and Pollina’s three daughters since 2017. School employees of the East Moriches School District where Thomas and Anthony were enrolled, testified at trial that Thomas and Anthony appeared thin, ate food off the floor, took food from other children, and pulled half eaten food from the garbage. In addition, witnesses testified they would arrive at the school so soiled, that school employees could smell urine and feces on them. During the defense case, Pollina took the stand and admitted she deleted footage taken from the home’s surveillance camera and that she did not realize that exiling the brothers to the freezing garage for months was wrong until after Thomas was pronounced dead at the hospital. She admitted that the way she disciplined the boys was “evil,” but claimed it was the boys’ father who caused Thomas’ death.

On March 10,  Pollina was convicted for the crimes of Murder in the Second Degree, a Class A felony, and four counts of Endangering the Welfare of a Child, a Class A misdemeanor. She is due back in court on April 11 for sentencing, and faces 25 years to life in prison.

On November 4, 2022, Pollina’s co-defendant and former fiancé Michael Valva, was found guilty of Murder in the Second Degree, a Class A felony, and four counts of Endangering the Welfare of a Child, a Class A misdemeanor. He is now serving 25 years to life in prison.

### Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.

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