There will be no verdict in the murder trial of Wharton undergraduate Irina Malinovskaya -- at least for now.
Delaware Superior Court Judge James Vaughn declared a mistrial yesterday afternoon, citing a hung jury. Malinovskaya could have faced life in prison if convicted.
The Penn student, 22, is charged with the Dec. 23, 2004, first-degree murder of Temple University pharmacology student Irina Zlotnikov. At the time of her death, Zlotnikov was dating Malinovskaya's ex-boyfriend, Robert Bondar.
Zlotnikov was found bludgeoned to death in Bondar's New Castle County, Del., apartment.
Jurors couldn't push past an 11 to one stalemate that emerged during deliberations, Malinovskaya lawyer Eugene Maurer said.
Maurer wouldn't explicitly confirm whether the majority favored acquittal or not.
"But suffice it to say, I think it was favorable to the defense," he added.
It's still unknown whether Malinovskaya will be retried. The decision rests with prosecutors for the state of Delaware.
"I think there has to be some inquiry or some back-and-forth and some exploration of which side the jury verdict was leaning toward," Maurer said, adding that prosecutors would be more likely to retry the case if the 11 to one decision was leaning against Malinovskaya.
But even if the decision didn't favor Malinovskaya, prosecutors could still choose to retry the case.
Maurer added that it's not uncommon for a judge to declare a hung jury after only two days of deliberation.
"It is not so much the time as the certainty with which the jury reports its deadlock," Maurer said. "The initial note said that they had basically been deadlocked since Friday. Apparently there was just one person on the jury who was just not going to be swayed from her position or his position."
A retrial would likely not take place until at least June or July, Maurer said.
Whether he would continue to defend Malinovskaya in a retrial will depend on negotiations with her family, he said.
Both sides gave their closing statements Thursday afternoon, bringing the three-week long trial to a close.
Jurors deliberated all day Friday and until mid-afternoon yesterday.
Throughout the trial, Malinovskaya's defense attorneys argued that there is a lack of physical evidence linking her to the case.
Prosecutors emphasized that Malinovskaya admitted to lying about her whereabouts on the day of the murder.
Malinovskaya initially said she was not in Delaware that day. In testimony, however, she admitted to being outside of Bondar's apartment in New Castle County. She maintains that she never entered the apartment.
Maurer said one of the most significant disappointments for the defense in the court's decision is that Malinovskaya will have to remain in jail for an undetermined period of time.
He said he plans to file a motion to reduce Malinovskaya's bail later this week.
Her bail is now set at $10 million.
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