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Video related to this article is available below.Issue date: 11/9/07 Section: News
Student Murder Trial | Jury deadlocks again for third mistrial
Malinovskaya still in limbo as jury splits in favor of conviction
Jon Meza
WILMINGTON, Del. - The murder trial of Irina Malinovskaya ended in a hung jury yesterday, the third mistrial for the Wharton undergraduate.
The jury was unable to reach a consensus regarding three of four charges levied against Malinovskaya, including counts of both first- and second-degree murder.
Jurors split 8-4 in favor of conviction for first-degree murder and 10-2 in favor of conviction for both the second-degree charge and a related possession of a deadly weapon charge.
Malinovskaya was convicted of attempted tampering with physical evidence relating to an e-mail she allegedly fabricated during her second trial last fall.
The felony tampering with evidence conviction carries a maximum sentence of two years in prison, but Malinovskaya has already been held in custody without bail for almost three years, so she would likely not serve any additional jail time.
She was accused of bludgeoning to death Temple University graduate student Irina Zlotnikov, the girlfriend of her former lover, Robert Bondar.
The first two trials both ended in hung juries, the first 11-1 in favor of acquittal and the second in a 6-6 split.
Now, prosecutors must decide whether to try Malinovskaya for a fourth time or drop the remaining three charges.
Paul Wallace, the lead prosecutor, would not say whether the state will bring a fourth trial, explaining that it was necessary to review the case before making a decision.
But defense attorney Joe Hurley saw the deadlock as an indication of the unlikelihood of a jury ever finding her guilty.
"It's three times now," he said. "That's 36 jurors, seven different prosecutors and three different defense attorneys, and we still are in the same place. That speaks for itself."
If the state does decide to drop the charges, it is highly unlikely that Malinovskaya will return to Penn. Her student visa has long expired, and defense attorney Eugene Maurer said she will likely have a difficult time applying for a new visa because of her felony conviction in this trial.
The jury was unable to reach a consensus regarding three of four charges levied against Malinovskaya, including counts of both first- and second-degree murder.
Jurors split 8-4 in favor of conviction for first-degree murder and 10-2 in favor of conviction for both the second-degree charge and a related possession of a deadly weapon charge.
Malinovskaya was convicted of attempted tampering with physical evidence relating to an e-mail she allegedly fabricated during her second trial last fall.
The felony tampering with evidence conviction carries a maximum sentence of two years in prison, but Malinovskaya has already been held in custody without bail for almost three years, so she would likely not serve any additional jail time.
She was accused of bludgeoning to death Temple University graduate student Irina Zlotnikov, the girlfriend of her former lover, Robert Bondar.
The first two trials both ended in hung juries, the first 11-1 in favor of acquittal and the second in a 6-6 split.
Now, prosecutors must decide whether to try Malinovskaya for a fourth time or drop the remaining three charges.
Paul Wallace, the lead prosecutor, would not say whether the state will bring a fourth trial, explaining that it was necessary to review the case before making a decision.
But defense attorney Joe Hurley saw the deadlock as an indication of the unlikelihood of a jury ever finding her guilty.
"It's three times now," he said. "That's 36 jurors, seven different prosecutors and three different defense attorneys, and we still are in the same place. That speaks for itself."
If the state does decide to drop the charges, it is highly unlikely that Malinovskaya will return to Penn. Her student visa has long expired, and defense attorney Eugene Maurer said she will likely have a difficult time applying for a new visa because of her felony conviction in this trial.
Viewing Comments 1 - 10 of 14
The right direction
posted 11/09/07 @ 9:54 AM EST
This is definitely a step in the right direction for the prosecution. Their case has gotten stronger each time. (11-1 for aquittal the first time, 6-6 the second, and 8-4 this time FOR conviction). (Continued…)
John
posted 11/09/07 @ 10:30 AM EST
If these morons couldn't prove anything three times, then they shouldn't be allowed to try a fourth trial. She should go free, maybe Bondar did it, try him. (Continued…)
JGH
posted 11/09/07 @ 11:06 AM EST
Let Malinovskaya go! Innocent until proven guilty is right. Three trials is enough.
Penn Alum
posted 11/09/07 @ 11:15 AM EST
Enough is enough. If the prosecution cannot prove someone guilty 3 times, there's no purpose of doing it the fourth time. That's cruel and unusual punishment for someone who hasn't even been convicted of the crime! To let this go on any further would be a mockery of our legal system. (Continued…)
RH
posted 11/09/07 @ 12:21 PM EST
I think that there's a very good chance that she did do it, but clearly there's "reasonable doubt" if three trials resulted in three hung juries. Because of the "innocent until proven guilty" standard, our judicial system works under the philosophy that it's less damaging for the occasional criminal to get away if it means that innocent people are safer from false conviction. (Continued…)
Ronald Ray-guns
posted 11/09/07 @ 12:25 PM EST
Why don't you filthy Russians create your own message board so that we don't have to read your self-serving diatribes, accusations of which family each poster is affiliated with, and poor handle of the english language. (Continued…)
Try her again
posted 11/09/07 @ 1:49 PM EST
A proven liar, an unfaithful girlfriend, a stalker, and now a convicted felon.. Reasonable doubt my foot.
Friend or relative screaming for more bloodshed? No amount of CAPS or fact-fabricating by you would erase blood from your sister's hands. (Continued…)
Meaning of reasonable doubt
posted 11/09/07 @ 2:28 PM EST
Yeah you guys are right, you must prove guilt beyond a reasonable doubt. HOWEVER, in our justice system, a hung jury does NOT constitute reasonable doubt. (Continued…)
Alex
posted 11/12/07 @ 9:34 AM EST
This animal is guilty and she should be put to death by hanging for what she has done to a great girl like Irina that never hurt a fly. I hope there is another trial where justice will be served. (Continued…)
Alum
posted 11/12/07 @ 11:16 AM EST
Enough is enough. The government has used all the resources at its disposal 3 times, and can't get a conviction. Meanwhile, she has been sitting in jail for 3 years. (Continued…)
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