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Video related to this article is available below.Issue date: 3/30/07 Section: News
Trial date pushed back to September
Malinovskaya still in custody as both sides agree to delay
Emily Babay
The second retrial for Wharton undergraduate Irina Malinovskaya has been pushed back to September, Delaware State Prosecutor Victoria Witherell said yesterday.
Malinovskaya is charged with the murder of Irina Zlotnikov, a Temple University graduate student who was dating Malinovskaya's ex-boyfriend, Robert Bondar, at the time of her death in December 2004.
After two mistrials, a third trial was slated to begin in April.
Witherell said the trial was delayed because there are a number of motions currently pending court review.
She did not elaborate on the motions but said all parties agreed "the case is not ready for trial."
"Both the prosecutors and defense attorneys need time to respond to the motions," Witherell said.
Until September, she added, prosecutors will continue their "ongoing investigation." Witherell could not disclose what steps the investigation would entail.
Witherell said that a plea agreement has not been discussed because the defense attorneys have made it clear that they are not interested in reaching a deal.
Eugene Maurer, Malinovskaya's lawyer, did not return repeated requests for comment.
Malinovskaya's first trial ended in February 2006 with a hung jury, 11-1, in favor of acquittal. A second trial concluded in October with another hung jury, this time in a dead heat, at 6-6.
Legal experts have said that a third trial is unlikely to lead to a conviction and may actually give the defense a better chance at an acquittal, due to inconsistencies and contradictions from witnesses.
Zlotnikov's body was found in the kitchen of Bondar's New Castle, Del., apartment after she had been bludgeoned to death with a blunt object. The murder weapon was never found.
Malinovskaya remains in custody at the Baylor Women's Correctional Institution in New Castle, Del. She has been in custody since her Dec. 2004 arrest.
Malinovskaya is charged with the murder of Irina Zlotnikov, a Temple University graduate student who was dating Malinovskaya's ex-boyfriend, Robert Bondar, at the time of her death in December 2004.
After two mistrials, a third trial was slated to begin in April.
Witherell said the trial was delayed because there are a number of motions currently pending court review.
She did not elaborate on the motions but said all parties agreed "the case is not ready for trial."
"Both the prosecutors and defense attorneys need time to respond to the motions," Witherell said.
Until September, she added, prosecutors will continue their "ongoing investigation." Witherell could not disclose what steps the investigation would entail.
Witherell said that a plea agreement has not been discussed because the defense attorneys have made it clear that they are not interested in reaching a deal.
Eugene Maurer, Malinovskaya's lawyer, did not return repeated requests for comment.
Malinovskaya's first trial ended in February 2006 with a hung jury, 11-1, in favor of acquittal. A second trial concluded in October with another hung jury, this time in a dead heat, at 6-6.
Legal experts have said that a third trial is unlikely to lead to a conviction and may actually give the defense a better chance at an acquittal, due to inconsistencies and contradictions from witnesses.
Zlotnikov's body was found in the kitchen of Bondar's New Castle, Del., apartment after she had been bludgeoned to death with a blunt object. The murder weapon was never found.
Malinovskaya remains in custody at the Baylor Women's Correctional Institution in New Castle, Del. She has been in custody since her Dec. 2004 arrest.
Viewing Comments 1 - 5 of 8
Penn Alum
posted 3/30/07 @ 9:58 AM EST
They 17 jurors had voted to acquit. That's 5 more than the required 12. Enough is enough.
Royce
posted 3/30/07 @ 10:09 AM EST
Two trials with hung juries + girl sitting in jail for most of my time at college = reasonable doubt = FREE MALINOVSKAYA!
The Truth
posted 3/30/07 @ 10:49 AM EST
Hopefully when all is said and done, a jury with at least a mild intelect will be selected, and will correctly convict her. Stop feeling bad for Malinovskaya, its time we stop to care about the victim here, Irina Zlotnikov. (Continued…)
Alex
posted 3/30/07 @ 3:27 PM EST
Who will give justice to Milinovskaya who has spent four years in prison and has apparently done nothing wrong. Who will give her those four years back and explain why her life was ruined for no reason?!!!
Justice to Irina Malinovskaya, Punishment for the Truth
posted 4/02/07 @ 3:47 PM EST
Matt and/or the "Truth".... start counting days... God loves you, babe...
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