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Borukhova draws barbs at court appearance

By Ivan Pereira

While anxiously awaiting for Mazoltuv Borukhova, to reappear before Judge Robert Hanophy, 13 of Malakov's family and friends shouted nasty words in their native Russian at Borukhova's kin. Daniel Malakov's father, Kaifka, left the court room momentarily after court officers ordered the Malakovs to remain silent.”Her family… they have no human feelings,” he told reporters in broken English outside the court following the hearing.Borukhova's relatives, who read religious Jewish prayers inside the court, refused to comment about the case.Mazoltuv Borukhova was arrested two weeks ago and indicted on first-degree murder and conspiracy charges in the killing of her estranged husband, Daniel Malakov. He was shot twice in the chest on Oct. 28 outside the Annadale Playground while dropping off his 5-year-old daughter Michelle to visit her mother.Prosecutors contend Borukhova, who like her ex-husband is a Bukarian Jewish Uzbek immigrant, hired her distant uncle, Mikhail Mallayev, to kill Daniel Malakov out of vengeance after he gained custody of the girl days prior to the shooting.Mallayev was arrested at his home in the state of Georgia in November, indicted on murder charges in December and extradited in January after police found his fingerprints on a makeshift silencer left behind at the crime scene by the shooter.At the hearing Friday, Borukhova stayed silent as Assistant District Attorney Brad Leventhal told the judge he would serve notices to provide the court with eavesdropping warrants as evidence in the criminal case. Leventhal would not disclose more details about the warrants or the reason for the delayed notices.The Daily News reported that one of the tapes used in the wiretap was missing and it may have been taken by a Brooklyn officer related to the Borukhovas. A police spokesman declined to comment about the report.Borukhova and Mallayev shared more than 90 phone calls in the weeks leading up to the murder, but only two were made following the shooting, Police Commissioner Raymond Kelly said. As she was let out of court, the sullen Borukhova lightened up and gleefully smiled and nodded to her family.The Malakov family told reporters they were convinced Borukhova was guilty since she showed no remorse in court.”It's unbelievable. She is devil. They are all devils,” said Kaifka Malakov.Mallayev was expected back in court on March 5, while Borukhova was scheduled to return on April 21.If convicted, both face up to life in prison without parole.Before returning to criminal court, Borukhova is expected to be due in Family Court on March 20 to see if she could be granted visitation rights with her daughter Michelle, who is in the care of a foster home.During a hearing on Feb. 13, Family Court Judge Linda Tally ordered the city's Administration for Children's Services to investigate all parties involved with the girl's well-being, including the Malakovs, Borukhovas and the foster care agency.She said she would make a decision whether or not to allow Michelle to visit her mother at Riker's Island based on the report and advice of Michelle's therapist.”Sometimes it's better for children to see their parents in jail, other times it's not,” the judge said. “That's for the therapist to decide.”Daniel Malakov's brother, Joseph, who had not seen the girl since November, was frustrated and asked the judge why he and his family did not have custody. The judge said care under either side might be detrimental to Michelle's already fragile psychological state.”The court has concern over the bad blood between the families,” Tally said.Reach reporter Ivan Pereira by e-mail at ipereira@timesledger.com or by phone at 718-229-0300, Ext. 146.