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Slain Dentist's [Daniel Malakov] Wife [Mazoltuv Borukhova] Is Charged With Murder And Conspiracy

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DGH

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Feb 8, 2008, 12:54:01 PM2/8/08
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Slain Dentist's Wife Is Charged With Murder and Conspiracy

By BRUCE LAMBERT [New York TImes]

A doctor from Queens [New York] was arrested on Thursday [February 7,
2008] night in the killing of her estranged husband, a dentist who was
gunned down in October at a playground in front of their 4-year-old
daughter, the police said.

The doctor, Mazoltuv Borukhova, 34, who was a suspect from the
beginning, was taken into custody at her home without incident, the
police said. She faces murder and conspiracy charges. Through her
lawyer, Dr. Borukhova, also known as Marina, had previously denied
involvement. The lawyer, Florence Fass, could not be reached for
comment after the arrest.

The couple had been involved in a bitter divorce and custody battle of
the girl -- a feud that relatives continued after the killing.

Dr. Borukhova, an internist, was present when her husband, Dr. Daniel
Malakov, 34, an orthodontist, was shot three times in the chest by a
man on the morning of October 28 [2007] at the Annadale playground.
Dr. Malakov had gone there so he could turn over their daughter,
Michelle, for a visit with her mother.

Dr. Malakov had won temporary custody of the daughter in court after
complaining that his wife had thwarted his visitation rights. While
contesting that decision, she turned the girl over to him six days
before the shooting.

At Dr. Malakov's funeral, his relatives angrily accused Dr. Borukhova
of involvement in the killing.

The killing angered not only the couple's extended families but also
their broader community of fellow Bukharan Jews from Uzbekistan who
had settled in Queens.

Investigators said that they had suspected the wife's involvement
because of the marital infighting and other factors.

The killing appeared to be a contract killing and not motivated by
robbery or something else, and Dr. Borukhova knew that her husband
would be at the playground at the appointed time, the police said. By
being there she took the role of an apparent bystander seen by
witnesses in the playground, the police said.

The case began to unravel when investigators said they found a
homemade silencer, crudely fashioned from a bleach bottle and duct
tape, hidden in leaves at the scene.

That silencer revealed fingerprints matching those of Mikhail
Mallayev, 50, an Uzbek immigrant who lives near Atlanta and is related
by marriage to a sister of Dr. Borukhova, the police said. His prints
were on file because of a 1994 fare evasion arrest in New York, the
police said.

In November [2007], the police arrested Mr. Mallayev on murder
charges. Investigation uncovered dozens of phone calls between him and
Dr. Borukhova in the week before the shooting, though he insisted that
his calls sought medical advice for his wife, according to court
papers.

When Mr. Mallayev was arraigned, the prosecutors said that he had been
"acting in concert with another person" in the shootings, but they did
not identify the second suspect. More details are expected to be
released on Friday at a news conference by Richard A. Brown, the
Queens district attorney.

While Dr. Borukhova was in custody at the 112th Precinct station
house, her slain husband's relatives stood outside chanting, "Justice
for Daniel." His mother, Malaka, voiced relief at the arrest but said
it did not bring back her son. "How are you going to be happy?" she
said. "Where is my son, so youthful, so happy, so energetic?"

Yuri Normatov, 17, a nephew of Dr. Malakov, said, "I can't do anything
about my uncle, but at least knowing the person who conspired to do
this is going to be behind bars is a relief."

He said of Dr. Borukhova, "Now she'll never see her child again."

After the killing, the daughter was placed in the care of the city's
Administration for Children's Services. Dr. Borukhova, who works at
North Shore University Hospital, protested and sought custody.

Next the girl was placed with the father's relatives, but Dr.
Borukhova said her daughter had complained of being hit by a paternal
grandmother. The grandmother denied it, but the girl was transferred
to foster care.

In Queens Family Court a week after the murder, Dr. Borukhova cried
and said that her husband had abused her on her birthday, Nov. 10,
2003. "He physically abused me," she said. "He said in order for me to
stay with him, I have to clean the house with my tongue. He punched me
all night. I couldn't stand it anymore. It was the first time he
started beating me up. I left."

Three days later, the slain dentist's brother testified that after Dr.
Malakov had won custody of the daughter, Dr. Borukhova's mother had
threatened the Malakovs: "You will all pay for this."

The court eventually denied custody to Dr. Borukhova, keeping the girl
in foster care.

Daryl Khan contributed reporting.

http://www.nytimes.com/2008/02/08/nyregion/08dentist.html?ref=nyregion


DGH

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Feb 8, 2008, 12:54:49 PM2/8/08
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Also see post by me on October 29, 2007.

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