The Daily Pennsylvanian :: Student Murder Trial | Jury gives note, but still no verdict

WILMINGTON, Del. - Jurors debating the fate of accused murderer and Wharton undergraduate Irina Malinovskaya communicated for the first time in 10 days yesterday, when they released a note seeking clarification on case evidence.

The note stated that the jury spent the first seven days of deliberations reviewing the evidence and has spent the bulk of this week discussing the case, which Delaware attorneys have called one of the longest jury deliberations for a murder case in state history.

The jury also asked for clarification on differences between direct and circumstantial evidence. Judge James Vaughn will address these questions this morning.

Two previous trials ended in mistrials as jurors were unable to decide if Malinovskaya was responsible for the December 2004 murder of Irina Zlotnikov, a Temple University graduate student who was dating Malinovskaya's ex-boyfriend, Robert Bondar, at the time.

Lawyers familiar with the case have said the unusual lack of communication from the jury has made it impossible to speculate as to which way they are leaning.

Defense attorney Eugene Maurer said the jury's note still provided "no tips one way or another" about where it stands.

The note was released at about 3:40 p.m. yesterday. Jurors were dismissed yesterday before the note was answered because it was late in the day and jurors were preparing to leave, prosecutor Victoria Witherell said.

She declined to comment further on the note.

Malinovskaya's parents have waited in the New Castle County Courthouse throughout the deliberations. After reading the jurors' note, Malinovskaya was permitted to briefly speak to her parents in Russian to tell them what was happening.

The jury in the third trial has already deliberated longer than either of the prior juries, with today marking two full weeks of deliberations. The first jury voted 11-1 in favor of acquittal after two days of deliberations, and the second jury deliberated for six days before ending in a 6-6 deadlock.

Jurors in the second trial also released a note, saying they were stuck and did not think they could reach a unanimous decision. The judge then issued an Allen charge, urging them to try again to reach a verdict, but ultimately declared a mistrial after jurors failed to reach an agreement following two further days of discussion.

Comments (14)

Malinovskaya is INNOCENT Malinovskaya IS NOT GUILTY OF THIS MURDER Believe it or not, Malinovskaya is literally blessed with her improved living conditions since the time she is in prison: a.) She has access to staff counselors seven days a week b.) Takes advantage of on-going proficiency training c.) Has free medical and dental care + first aid d.) Has a safe and humane living environment e.) Enjoys a great picturesque view from her window f.) Has well-balanced and enriched with all necessary vitamins and nutrition meals that include fresh fruits and vegetables g.) Takes advantage of prescheduled daily jogging for all inmates + aerobics on the backyard (the course she specifically selected with her personal trainer to be in a good shape and to increase her mental alertness) h.) She is no longer "butchering" the English language as now she has an opportunity to read a lot in English and takes advantage of daily discussions at the round table in the library with native speakers. i.) She participates in all volunteer work in prison and takes advantage of everything AMERICAN prison has to offer to its CITIZENS without even having her visa (it is expired about 3 years ago and she no longer worries about it). j.) She doesn't even have to worry about her future. Everything is scheduled/ planned for her in advance. She lives her life to the fullest. k.) She doesn't have to pay her utility bills l.) She utilizes free postal services On the contrary, all of us work hard every day and pay taxes in addition to rent and utility bills. Do you think it is fair to American citizens?? How do you like those Russians who contributed literally nothing to boost American economy and, at the same time, take advantage of all the benefits American citizens could only dream about? And those empty-headed jurors want her to utilize all these benefits for the rest of her life not even taking into consideration that there is no physical evidence to accuse her of this murder? Be fair to all of us, just kick her out of prison and make her work as hard as we do to pay our bills. Under no circumstances she should utilize all the benefits our prisons provide to our citizens!!

Brian: You're an idiot. Sincerely, Penn Alumnus

[QUOTE id="32cf0a16-f9e3-404a-8a77-4367e0e23cea"]Brian: You're an idiot. Sincerely, Penn Alumnus[/QUOTE] X2 This third and potential fourth (if aquitted yet again) makes the US judicial system look so absurd it's not even funny. Let her go already.

[QUOTE id="32cf0a16-f9e3-404a-8a77-4367e0e23cea"]Brian: You're an idiot. Sincerely, Penn Alumnus[/QUOTE] X3 Are you kidding? First of all, I really doubt this woman is innocent. Someone randomly killed some crazy chick's replacement? Doubt it. However, from what I have read, there isn't enough evidence to convict her either. She's going to be let go. The jury just wants to make sure they can't convict her. Also, Brian, she's a Penn student. It's not like she's enjoying her time in prison. You just sound bitter, crazy, and like you have way too much time on your hands.

Dear Penn Alumnus: I am not an idiot. But... I doubt you are not an idiot. You are so blind that you can't even read between the lines. Malinovskaya IS NOT GUILTY of this murder, and it is absurdious to keep her in prison for literally NOTHING. The lack of physical evidence clearly proves that she didn't murder Zlotnikov and should be acquitted. She's already spent enough time in prison so ENOUGH IS ENOUGH. FREE MALINOVSKAYA!!!! Understand??!!! Thanks for taking the time to thoroughly read what I typed this morning. Truly yours, -Brian You're an idiot. Sincerely, Penn Alumnus[/QUOTE]

I think there is probably a lot more to this case than what we, the public, actually know about. If there was no physical evidence present at the crime scene incriminating her, then how was it that the police were able to arrest her in the first place?? It seems as though there is a very high probability that either bondar or her committed the crime but the question in my mind is why was she pinpointed and not him? Its hard to make any judgements without the exact facts established.

Perhaps the reason this jury is deliberating so long is that unlike the first two juries, this one will finally see through this legal technicality bullshit and outrageous conspiracy theories involving Bodnar, and will send Malinovskaya's fat ass into prison where she belongs, for bludgeoning Zlotnikov to a bloody pulp. She is so clearly guilty, it is not even funny.

She was too young with lack of experience; she said too much at the first place and that's why she's got arrested and is now in prison. Her response to this Polish cop who interviewed her a week after the murder should have been something like, "I need a lawyer, and I also need to make 1 call, and I know I have a legal right to do this" instead of listening to his accusations and trying to disagree. I don't think police were trying to locate the real murderer at that time; they were looking for a scapegoat to blame. I should agree with you that Bondar most likely is the one who killed Zlotnikov. He is a lawyer now and was a law student at the time of Zlotnikov�?s death. I have no doubt he knew how to deal with cops/ answer their questions correctly. I am a friend of Zlotnikov, by the way. [QUOTE id="11ad7b09-0e63-4254-8ca2-bb6e311cc48e"]I think there is probably a lot more to this case than what we, the public, actually know about. If there was no physical evidence present at the crime scene incriminating her, then how was it that the police were able to arrest her in the first place?? It seems as though there is a very high probability that either bondar or her committed the crime but the question in my mind is why was she pinpointed and not him? Its hard to make any judgements without the exact facts established.[/QUOTE]

Really? If thats true, thats so unfortunate that she had to go through all this.

Bob, what do you think bondars specific motivation was if he did infact kill her? Have they even tried to establish a possible motivation?

Shut up, dirty... ..... .... The jurors are going to send your dirty fat ass to prison for life if you are Bondar. And stop posting your fucking bullshit again and again (I saw you posted the same bullshit yesterday). You don't belong here. Sooner or later you will be punished for what you have done with your ex-wife who is now in prison and one of your many girlfriends (or girls for one night??)who jumped out of the window. Did she do it herself or you kindly helped her?? I am suspicious... 2 women are dead and the other 2 are in prison now and Bondar is still innocent?? I understand your father doesn't want a death penalty for his son so he came to testify this last time that you were crying the day you killed Zlotnikov. Did you feel sorry for yourself?? Sooner or later you will get what you deserve. [QUOTE id="f120a862-6fcc-4080-b94c-fe71686acb7e"]Perhaps the reason this jury is deliberating so long is that unlike the first two juries, this one will finally see through this legal technicality bullshit and outrageous conspiracy theories involving Bodnar, and will send Malinovskaya's fat ass into prison where she belongs, for bludgeoning Zlotnikov to a bloody pulp. She is so clearly guilty, it is not even funny.[/QUOTE]

Don't you understand that Bondar, most likely, didn't plan to murder Zlotnikov that day. It happened accidentally. He was under the drug influence and just couldn't control himself/ didn't clearly understand what he was doing. He was still under the drug influence talking to police that night. He didn't pass a lie detector test (they are not allowed to disclose this to the public in the State of Delaware; luckily, we all live in Pennsylvania). But I also think that the fact that he was under the drug influence can�?t serve as a solid excuse for him. [QUOTE id="11ad7b09-0e63-4254-8ca2-bb6e311cc48e"]I think there is probably a lot more to this case than what we, the public, actually know about. If there was no physical evidence present at the crime scene incriminating her, then how was it that the police were able to arrest her in the first place?? It seems as though there is a very high probability that either bondar or her committed the crime but the question in my mind is why was she pinpointed and not him? Its hard to make any judgements without the exact facts established.[/QUOTE]

[QUOTE id="f120a862-6fcc-4080-b94c-fe71686acb7e"]Perhaps the reason this jury is deliberating so long is that unlike the first two juries, this one will finally see through this legal technicality bullshit and outrageous conspiracy theories involving Bodnar, and will send Malinovskaya's fat ass into prison where she belongs, for bludgeoning Zlotnikov to a bloody pulp. She is so clearly guilty, it is not even funny.[/QUOTE] Bondar has an ex-wife in prison and has a history of other women being murdered who are in a relationship with him?? Someone explain...sounds pretty relevant to me!

[QUOTE id="32cf0a16-f9e3-404a-8a77-4367e0e23cea"]Brian: You're an idiot. Sincerely, Penn Alumnus[/QUOTE] Brian, Interesting ideas you have... "Absurdious" is not a word, which makes it the perfect word to describe your freakish and irrelevant post. I wouldn't even bother responding to it if it wasn't so long that it looms like a drooling lunatic over the whole dialogue. Ben

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