Jury splits 6-6 in 2nd mistrial this year

WILMINGTON, Del. - After seldom showing much emotion during her five weeks on trial, Wharton undergraduate Irina Malinovskaya cracked a smile yesterday when she learned that jurors had failed to agree - again.

Judge John Babiarz declared a mistrial in the first-degree murder case at about 1:20 p.m. yesterday after jurors released a note stating their inability to reach a decision. They split 6-6 after 27 total hours of deliberating.

The first mistrial, which occurred in February, resulted from a jury split 11-1 in favor of acquittal.

The jury deadlocked yesterday despite an appeal by Babiarz on Tuesday that the jurors try hard to reach a decision.

Even after two mistrials, prosecutor Victoria Witherell said the state is more than likely to retry the case a third time.

"Expect that if there is not a plea, there will be a retrial," Witherell said.

And while Malinovskaya's lawyers have not said whether they will be back for round three, they were quick to blast the prosecution's inclination to retry.

"I am surprised by the constant arrogance, given the outcomes," defense attorney Mary Burnell said, noting that prosecutors announced they would move to retry before learning how the jury split.

"I do see the same outcome in another trial," she added.

However, there was no surprise from either side regarding the final decision.

"I didn't think she would be acquitted, but I didn't think you could get 12 people to agree on guilt," defense attorney Eugene Maurer said, "Every instinct told us it would be a hung jury."

Witherell said she was disappointed about having no verdict, but she was sure the jury gave its best effort.

Malinovskaya reacted to the ruling with some apparent relief, but she was quickly escorted from the courtroom. She will remain in custody pending any third trial.

"Obviously, there is always relief when the verdict doesn't come back with a conviction," Burnell said, regarding Malinovskaya's response.

But she said that, while Malinovskaya seemed OK, her parents were "visibly shaken."

Malinovskaya is charged with the Dec. 23, 2004, murder of Irina Zlotnikov, who was found dead in the Delaware apartment of Robert Bondar, whom she had previously dated. She faced life in prison if convicted.

Bondar was not present in the courtroom yesterday, though his relationship with the two women dominated the trial's testimony.

Burnell went so far as to say that the jurors' individual positions on the case likely came down to "if you believe [Malinovskaya] over Mr. Bondar."

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