.
http://www.nytimes.com/2007/11/06/nyreg ... ntist.html
At Hearing on Child Neglect Petition, Doctor Testifies That Slain Husband Beat Her
By AL BAKER and ANN FARMER
Published: November 6, 2007
A woman whose estranged husband was shot dead on a Queens playground last month cried in Queens Family Court yesterday as she testified about her broken marriage and the custody battle she and her spouse were waging over their 4-year-old daughter.
The woman, Dr. Mazoltuv Borukhova, 34, said that her estranged husband, Dr. Daniel Malakov, had improperly treated her and their daughter, Michelle, and that she had decided to take the girl and leave the family home in November 2003.
“It was my birthday,” said Dr. Borukhova, under questioning by her lawyer, Florence M. Fass, referring to Nov. 10, the date she left.
“He physically abused me,” she said, crying. “He said in order for me to stay with him I have to clean the house with my tongue. He punched me all night. I couldn’t stand it anymore. It was the first time he started beating me up. I left.”
The case in Family Court centers on efforts by the city’s child welfare agency, the Administration for Children’s Services, to follow through on its petition accusing Dr. Borukhova of neglecting her daughter.
Relatives of Dr. Malakov, 34, who was shot three times in the chest on Oct. 28, were at the courthouse, as was a lawyer who had represented the victim in his divorce, which had yet to be finalized.
“On behalf of the family, they vehemently deny the accusations,” said the lawyer, Nathan Pinkhasov. “Essentially, Ms. Borukhova has time and time again fabricated charges against Mr. Malakov which have been proven to be not true, so the family is not surprised by her continued attack on Daniel and by any new accusations.”
Mr. Pinkhasov said Dr. Malakov’s parents want to care for Michelle, who was placed in foster care after the shooting. The police are investigating whether the shooting was linked to the custody battle between Dr. Malakov, an orthodontist, and Dr. Borukhova, a specialist in internal medicine. No arrests have been made.
At another point during the hearing, Dr. Borukhova, in an apparent attempt to appeal to reporters in the courtroom, said: “Please, I want to talk, I want people to hear me. Everyone is accusing me. Let me explain what happened.”
But she was chastised by Judge Linda Tally, who warned her against such outbursts.
Also in court yesterday, a lawyer representing the child welfare agency questioned State Senator Diane J. Savino, a Staten Island Democrat, about an Oct. 18 encounter with Dr. Borukhova’s sisters. They had been brought to the senator, a former child services caseworker, by staff members who thought she could help them. During the meeting, Ms. Savino said, they expressed unease over a state judge’s Oct. 3 decision transferring temporary custody of Michelle to Dr. Malakov.
Ms. Savino said that one of the sisters asked her about a hypothetical scenario in which Dr. Malakov could no longer care for Michelle.
“What if something happens? What if he can’t take care of her?” said Ms. Savino, quoting the sister.
The senator testified that she answered by explaining that, barring other circumstances, it would probably be in the best interests of the child to be sent to stay with her mother. One of the sisters then posed another hypothetical question, according to the senator’s testimony.
“What if she disappears?” said Ms. Savino, quoting the sister. “I assume she meant Michelle. I said: ‘If you’re asking me what I think you’re asking, I cannot advise you more strongly against this action. They will find her. They will extradite her here. She will go to jail. Your niece will end up in foster care. You will also go to jail.’”
Then, the senator said, she was watching television one night when she saw news of Dr. Malakov’s killing. “As soon as I saw the name, that’s when I realized it was the same family,” Ms. Savino said. She then contacted detectives in Queens.
David Schnall, the court-appointed legal advocate for the child, said he would meet with Michelle tomorrow. The hearing is scheduled to continue on Thursday, he said.
“My position at this point is that the return of Michelle to her mother would put the child at imminent risk of emotional harm, based on my experience with the case for the past three and a half years,” said Mr. Schnall. “I am supporting the A.C.S. position.”
.