Malinovskaya awaits word on 2nd retrial

After two mistrials in Wharton undergraduate Irina Malinovskaya's murder case, there is still no indication whether she will be retried for a second time.

Mary Burnell, a Malinovskaya defense lawyer, said the prosecutors in the case have not contacted them about a third trial, although immediately after the trial they had announced their intention to retry.

"Its been remarkably quiet," Burnell said. "I'm really surprised it's taken so long."

Prosecution lawyers did not return repeated requests for comment.

Malinovskaya is charged with the first-degree murder of Irina Zlotnikov - a Temple pharmacology student - in Dec. 2004.

The second trial ended in a mistrial in October after the jury could not break a 6-6 deadlock. A previous trial had also ended in a hung jury, 11-1 in favor of acquittal.

Malinovskaya was named as the only suspect after it was discovered that she had previously dated Robert Bondar, who was dating Zlotnikov at the time of the murder.

Zlotnikov's body was found in Bondar's kitchen after she had been bludgeoned to death with a blunt object. The murder weapons was never found.

The prosecutors, Bill George and Vicki Witherell, have not extended any plea agreements to Malinovskaya's lawyers. Burnell said it was unlikely they would consider a plea since no jury has been able to convict.

Though Burnell said she did not know why it was taking so long for the prosecutors to come to a decision, she guessed that recent elections may have resulted in some restructuring of the office, causing the decision to be pushed back.

"There was a change in the office - maybe that has something to do with the delay," she said.

Until any decision is made, Malinovskaya will remain in custody at the Baylor Women Correctional Institution in New Castle, Del. She has been in custody for nearly two years.

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