The prosecution rested its case Thursday in the murder trial of Michael Valva.
Not long after the people rested their case, the defense made a motion to drop the second-degree murder charge against the father. The judge denied that motion.
The defense has argued that Michael Valva did not want his son to die and even tried to save his life.
The prosecution, however, says the father did nothing to stop Thomas Valva and his brother from being kept in the garage.
Lead prosecutor Kerriann Kelly said Michael Valva could be heard in home surveillance screaming and hitting his son as he was dying, saying, "Are you alive? Are you alive? Are you alive?" Each question was followed by the sound of a slap.
Kelly says that is not someone who cared if the child lived.
Dr. Melina Khwaja took the stand for the defense, testifying about Thomas Valva's May 2019 visit to an urgent care she owns. She said at the time of the exam all of his vitals were recorded as normal.
"We are going to present a case, a number of witnesses to paint a complete picture of what we believe are important and relevant facts," says defense attorney Anthony LaPinta.
LaPinta's client is accused of forcing his child to sleep in a garage and spraying him outside with water on a bitter cold day in January 2020.
The Suffolk County medical examiner testified that he believes hypothermia was the cause of the 8-year-old's death.
Michael Valva pleaded not guilty to second-degree murder and child endangerment charges.
The case will continue on Friday.
Previous coverage