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Fed court upholds Borukhuva conviction

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A Brooklyn federal judge in a decision handed down Sept. 11 upheld the conviction of Dr. Mazoltuv Borukhova and a co-conspirator, both of whom were found guilty of plotting the 2007 murder of Borukhova’s estranged husband, Dr. Daniel Malakov.

The 2009 five-week jury trial of the two defendants split the Orthodox Bukharian Jewish community in Forest Hills as it unfolded. At the end, Borukhova, 41, and her husband’s cousin, Mikhail Mallayev, 58, were convicted of murder and conspiracy. Mallayev was also convicted of criminal possession of a weapon. Both were sentenced to life in prison without parole.

In 2014, Borukhova’s attorney, Andrew Citron, filed a petition for habeas corpus stating she had been denied her federal constitutional rights before, during and after the trial, “court favored the prosecution, undermining the truth-seeking function of a trial.”

But U.S. District Judge John Gleeson rejected all of the claims raised by Borukhova in her federal habeas proceeding. In his decision, he wrote that the findings of the state appellate court affirmed her conviction and determined that any trial errors in the case were harmless and did not deprive the defendant of a fair trial.

According to the 2009 trial testimony, Borukhova and Mallayev exchanged 90 telephone conversations prior to the murder, during which they came to an agreement that Mallayev would kill Borukhova’s estranged husband in exchange for a sum of money.

Queens District Attorney Richard Brown said Mallayev was arrested in November 2007 in the state of Georgia after NYPD detectives matched fingerprints on the makeshift silencer found at the scene to fingerprints taken from Mallayev in 1994 after he was charged in another case. Borukhova was arrested in February 2008 after a grand jury charged both her and Mallayev with the murder of her husband.

“The defendant’s latest effort to overturn her murder conviction has been rightly rejected,” Brown said. “This was a terribly sad case in which the defendant was found to have conspired and carried out a murder-for-hire plot to assassinate her estranged husband in full view of the couple’s then-4-year-old child. Hopefully, this decision will bring a measure of closure to Dr. Malakov’s family.”

According to the trial testimony, Borukhova arranged for her estranged husband to meet her on the morning of Oct. 28, 2007 at Annadale Playground on Yellowstone Boulevard so that he could deliver their daughter for a visit with her. Malakov had won custody of the child after a bitter court battle.

Mallayev used the silencer to shoot Malakov twice in the chest near the location that morning, court records show. After the murder, Borukhova and Mallayev had two more telephone conversations followed by a meeting at Borukhova’s Forest Hills medical office. A couple of weeks later, Mallayev deposited a total of $19,800 into ten different bank accounts.

Reach Reporter Sadef Ali Kully by e-mail at skully@cnglocal.com or by phone at (718) 260–4546.

Posted 12:00 am, September 17, 2015
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Reader feedback

allow anyone in from Queens says:
When you allow anyone into the country this is what happens.
Sept. 17, 2015, 10:24 am
Correction paragraph 3 from Queens says:
At the end, Borukhova, 41, and her husband’s cousin, Mikhail Mallayev, 58, were convicted of murder and conspiracy.
- not her husbands cousin- her own cousin .
Sept. 18, 2015, 8:21 am
Unknown says:
This has nothing to do with who you let in the country, Dr. Malako was a US citizen who became a dentist that served the Jewish neighborhood of Forest Hills. Whether your Anglo Saxon or African American, many couples go through custody battles. Nevertheless his wife clearly showed signs of mental issues. If out of the whole article, you came to the conclusion that nobody should let into the U.S as immigrants, I suggest you clearly read the article again. Instead of judgment, you should sympathize how a 4yr old daughter witnessed the death of her father which the mother had plotted.
Sept. 18, 2015, 9:14 am
Served the Jewish neighborhood from Queens says:
Hey unknown you make it sound like this killer was doing charity work. She should get the death penalty.
Sept. 18, 2015, 9:29 am
Served the Jewish neighborhood from Queens says:
Hey unknown you make it sound like this killer was doing charity work. She should get the death penalty.
Sept. 18, 2015, 9:29 am
Served the Jewish neighborhood from Queens says:
Hey unknown you make it sound like this killer was doing charity work. She should get the death penalty.
Sept. 18, 2015, 9:30 am
Served the Jewish neighborhood from Queens says:
Hey unknown you make it sound like this killer was doing charity work. She should get the death penalty.
Sept. 18, 2015, 9:30 am
anonymous says:
her cousin
Sept. 18, 2015, 9:30 am
Unknown says:
I'm not defending her, I was defending him! She should have been given the death penalty a long time ago! !
Sept. 18, 2015, 10:26 am
Motov from Forest hills says:
I can't wait tell trump deports all these immigrants back to their homeland. Waste of life, trump for president
Sept. 18, 2015, 11:29 am
Jane from Queens says:
If you got rid of all the immigrants the only ones remaining would be Native Americans - I think they'd be be thrilled if we all left!
Sept. 18, 2015, 2:56 pm
human being from NY says:

We need moshiah now!!
Sept. 18, 2015, 5:02 pm
me from NY says:
This immigrant issue! History shows that this great United States of America was built by immigrant. But in a matter so sensitive and concerns a child, it shouldnt be a taking on this link.
Sept. 19, 2015, 7:45 am
yana yagudayeva from aq says:
Motov will be the first to be deported for spelling "till" wrong
Sept. 19, 2015, 7:55 am
Jew from Scottsdale, Az says:
@ motov- If we are to be deported, who will you work for? Who will you hate? Who will you run to for medical care?... We are barbers, butchers, bakers, fire fighters, policemen, teachers, cobblers, engineers...builders of the future. We are immigrants, & yes among us there are the sick, the evil and awkward, but that is more the exception & not the rule. Shame on you for allowing your ignorance to get the best of you!
Sept. 19, 2015, 10:58 pm
Explora from Kew Gardens says:
People - no one have rights to judge!
Instead please be more caring, compassion. I personally feel sorry about both sides. Child -she has more and enough on her shoulders.
Let's learn from this. Lets try to bring to the World of Creator Light & Love!! We are all little creations with mission to make this World a better place....and no such ...Immigrants... We are all Humans and under one God...
Sept. 20, 2015, 8:17 am
Erick Kossa from Midwood Brooklyn says:
Dr Malakov gave me absolutely free treatment when I was 14 years old. I had terrible tooth pain and dentist who I was seeing told me that my insurance was declined and told me to leave his office, without even offering me one pain killer, his name is dr Yuriy Babek.
When I walked out with tears on my face, down the road Dr. Malakov approached me and asked me what was wrong, I told him that I have a terrible tooth pain and my medicaid doesn't work. Dr. Malakov put me into his car and took me to his 64th road office. Absolutely at no cost he treated 3 rout-canals later ceramic crowns and full cleaning. ABSOLUTELY FREE!!! up until this day I have this crowns and remember him with good faith. RIP Dr. Malakov, you were a real man and a real Doctor.
Sept. 24, 2015, 9:05 pm

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