Issue date: 1/11/07 Section: News

"I think the jury would ask the judge to bar any further trial," he said.

Delaware state prosecutor Bill George did not specifically state that new evidence would be brought to court, but he did not rule out the prospect of new facts being introduced.

"I would simply say the investigation is ongoing," George said.

But to the prosecution, the difficulty in convicting Malinovskaya may not lie in a lack of evidence at all.

State prosecutor Victoria Witherell said Monday that jurors may be reluctant to convict Malinovskaya because they do not want to believe that a woman committed such a violent crime.

Experts, however, dismiss this claim as an invalid explanation of the prosecution's failure to convict after two trials.

Both Artur and Rudovsky said that jurors reach a verdict based upon evidence, never upon preconceptions about gender.

"I've never seen" gender bias in a jury, Artur said.

Malinovskaya's lawyers would not return repeated calls for comment.

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