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  Ex-Wife of Slain Man Says He Molested Daughter

By Maria Alvarez
amNew York
November 9, 2007

http://www.amny.com/news/local/am-queens1109,0,5773969.story

The mother of a 4-year-old who witnessed the slaying of her father in a Queens playground last month testified Thursday that she had stayed married to the the father, despite allegedly seeing him molest the girl, because her rabbi counseled the couple to stay together.

"We went to the rabbi and discussed this," said Dr. Mazoltuv Borukhova, 33, who is fighting for full custody of her daughter. Her ex-husband, Daniel Malakov, 34, an orthodontist, was gunned down last month.

"He said this was his way of showing his love and affection," Borukhova testified. "I asked him please find other different ways to show your affection."

David Shnall, the child's court-appointed law guardian, asked Borukhova, a Orthodox Jew, whether she always followed her rabbi's advice "instead of deciding for yourself?" She responded: "Correct."

The couple was married December 2001, and divorced in 2005. They were in the midst of a bitter custody battle when the slaying occurred. At the time of the killing the child was living with the father.

Testimony concluded today and Judge Linda Tally is expected to decide whether 4-year-old Michelle Malakov will live with her mother.

Lawyers at Queens Family Court on both sides claimed victory and are expected to give their 10-minute closing arguments today before Tally.

"I'm almost positive the court will rule in our favor," said Shnall. Shnall does not want the child to return to her mother, claiming she poses "an imminent risk" amid allegations she and her family were involved in the father's shooting death.

New York's Administration for Children Services placed the 4-year-old girl with her paternal grandparents after Malakov was killed. Police questioned Borukhova for several hours after the killing. They have made no arrests.

ACS last week placed the little girl in foster care after Borukhova claimed the child's paternal grandparents sexually abused her daughter.

Borukhova was cross-examined for almost three hours by an ACS lawyer and Shnall. She broke down in tears several times when asked about the physical abuse she said she endured with her ex-husband and her attempts to block visits with his daughter.

Both lawyers asked Borukhova why she would allow unsupervised visits after she witnessed her ex-husband allegedly molest their daughter. In response she said she relied on the advice of her rabbi.

Borukhova's lawyer, Florence Fass, said her client "finally got to tell her story from her point of view. She was compelling, candid and responsible."

Outside the courtroom, Borukhova began to cry when she said, "My daughter is everything. She is all I have."

There have been no arrests in the case, but police yesterday released a sketch of the killer, a white man believed to be 48 to 52 years old and about 5 feet, 8 inches tall. He is stocky, with salt and pepper hair and was wearing a black jacket and dark pants.

Sgt. Claudia Bartolomei, head of the 112th Precinct detective squad, said the sketch is based on the interviews with several witnesses. The killer, she said, fled on foot, running on 64th Road toward 102nd Street.

The reward money, she said, now totals $41,000, with $29,000 of it from Malakov's family. Anyone with information is asked to call Crimestoppers at 800-577-TIPS.



 
 

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