Over a year has passed since Irina Malinovskaya, a Wharton student, was accused of murdering Temple University pharmacology student Irina Zlotnikov, and her trial is getting under way.
Jury selection is scheduled to begin Jan. 24. Mary Burnell, one of Malinovskaya's attorneys, expects the trial will last approximately three weeks.
Malinovskaya, 23, is facing first-degree murder charges in the bludgeoning death of Zlotnikov in the New Castle, Del., apartment of Zlotnikov's boyfriend --who previously dated Malinovskaya -- on Dec. 23, 2004.
Malinovskaya remains at the Baylor Women's Correctional Institution, where she has been held for more than a year.
Another of Malinovskaya's attorneys, Eugene Maurer, said that since Malinovskaya is a Russian citizen and therefore considered a flight risk, her bail has been set at $10 million -- $5 million for first-degree murder and $5 million for the possession of a deadly weapon.
Representatives of the Delaware attorney general's office -- which is prosecuting the case -- said they do not know what the murder weapon was.
If convicted, Malinovskaya could serve her sentence in the United States or be deported to Russia.
Burnell says that, in such an event, it is likely that Malinovskaya would remain in the United States, as it would be in the best interest of the state and federal governments to have her serve her sentence here.
David Rudovsky, a Penn Law professor, agrees, and added that foreign citizens convicted of a crime in the U.S. often serve sentences here and are then deported.
Paul Robinson, also a Penn Law professor, says that, if Malinovskaya were to return to Russia, it would be "a matter of negotiation between the two countries." The U.S. would seek a promise from Russia that Malinovskaya serve some sort of sentence if she returned to her home country.
Friends of Malinovskaya are shocked at the charges brought against her and have trouble believing her capable of committing such a crime.
"Irina maintains her innocence and hopes that the trial will fully exonerate her," said a friend of Malinovskaya's at Penn who wished that his name be withheld.
Malinovskaya's family is scheduled to arrive in the U.S. a week prior to the trial.
Maurer has filed a motion with the Delaware Superior Court to suppress certain self-incriminating statements that his client made to a detective. Maurer says that Malinovskaya was not fully aware of her rights at the time she was questioned.
Initially, Malinovskaya denied that she had been in Delaware the day of the murder, but investigators quickly linked her to a rental car and partial license plate number described by witnesses at the murder scene.
Maurer says that Malinovskaya was misled into speaking with authorities because of her weak grasp of the English language, which caused her to inadvertently waive her right to remain silent.
The state prosecutor responded by citing Malinovskaya's high marks in English courses and samples of her speech in recorded conversations as evidence that she is indeed fluent in English.
As of yesterday, the judge had not yet made a ruling on Maurer's motion.
