Updated 03/09/2009 08:50 PM
Deliberations Begin In Queens Orthodontist Murder Trial
Jurors began deliberations Monday evening in the trial of a Queens doctor accused of killing her ex-husband in 2007, after prosecutors brought up a new twist during their closing arguments. NY1's Lily Jamali filed the following report.
When her ex-husband was shot to death, Doctor Mazoltuv Borukhova wasn't even there. That was the surprising new theory from prosecutors as they closed their murder case against Borukhova and Mikhail Mallayev – the man they say she paid to pull the trigger.
Prosecutors say Burokhkova wanted ex-husband Daniel Malakov eliminated so she could gain sole custody of their daughter Michelle, and that she told him she would meet him in a Forest Hills playground to pick the child up following a visit.
Prosecutors also say she arranged for Mallayev to kill him there. But now they say she was late and wasn't there when the shooting occurred. The defense didn't buy the theory.
"Now she's not there. Where is she? This whole summation was pure guess work and speculation," said Defense Attorney Stephen Scaring.
Prosecutors say the new theory explains why Borukhova has insisted she didn't hear any shots. They say she didn't expect to hear anything because the gun had a silencer. But they say she had no way of knowing the silencer broke when the first shot was fired. Two more went off without the silencer.
During his closing argument, prosecutor Brad Leventhal said, "She didn't make it there in time to know that it didn't work."
Investigators later found fingerprints matching Mallayev's on the silencer.
Prosecutors said she wanted to record the murder in case her alleged coconspirator double crossed her. So the day before, she bought a small hidden camera she planned to carry. But they say she couldn't get it to work and that's why she was late. They say her sister was waiting for Michelle at the playground that day.
Borukhova and Mallayev, a distant cousin, are charged with first degree murder and conspiracy in connection with Malakov's death. After summations, the judge read those charges to the jury.
"There were a few moments when I think I noticed, like you can read what they were doing but we will see," said Joseph Mallakov, Daniel Malakov's brother.
"She is liar but today as you saw, I'm optimistic of course," said Khaika Malakov, Daniel Malakov's father.
The defense dismissed the fingerprint evidence during closing arguments last week. They also say despite a flurry of phone calls between Mallayev and Borukhova in the days leading up to the murder, there is no direct evidence linking their clients to Malakov's death.
Jurors are expected to resume deliberations in the morning.