WILMINGTON -
A third day of deliberations passed yesterday without a verdict in the first-degree murder trial of Wharton undergraduate Irina Malinovskaya, much to the surprise of spectators and lawyers alike.
The jurors gave no indication of their progress until 2:30 yesterday afternoon, when they sent a note to Judge John Babiarz, the judge presiding over the deliberations, detailing their inability to reach a unanimous decision.
"We have been in deliberations for over two days, and we are at a standstill," the note said.
Malinovskaya's first trial ended in a mistrial in February due to a hung jury.
The judge then presented the lawyers with two options: either accept a hung jury or have him read the jurors an Allen charge, which encourages them to try again to reach a verdict.
Lawyers could not agree, and Babiarz ruled in favor of an Allen charge. The jury was then brought in and given instructions on how to proceed.
In reading the Allen charge, Babiarz acknowledged how time-consuming the case has been, and said that it was unlikely the case could have been submitted to more competent jurors.
The judge also said that there is little reason to believe that this case could be tried again more exhaustively than it already has been.
With that said, the Allen charge also reminded jurors that it is their duty to try and reach a decision, without overriding any doubts they have as to Malinovskaya's guilt or innocence.
However, even in the event of an acquittal, Malinovskaya would not be freed immediately because of her expired student visa, which allowed her to study at Penn despite being a Russian citizen.
According to the Homeland Security Immigration and Customs Enforcement office, an expired visa is considered "out of status" and grounds for deportation. Malinovskaya would be detained in federal custody until an immigration judge decided if there was sufficient reason to remove her from the country.
According to Christopher Bentley of the U.S. Citizenship and Immigration Services office, Malinovskaya would have to petition to the U.S. government for an extension of her visa.
Mary Burnell, one of Malinovskaya's lawyers, said that Malinovskaya has indicated that she would like to finish her education in the United States, though Burnell added at this point it is hard to tell.
"Obviously, her world has been turned upside down," she said
Whether or not Malinovskaya would return to Penn is unclear, but Anita Henderson, Wharton director of Academic and Student Affairs, said a student would have to contact the Wharton undergraduate division to discuss the possibility of returning.
The jury resumes deliberations this morning at 9 a.m.
