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Mallayev denies murder, cites fear of going to hell

By Ivan Pereira

Mallayev, 50, told CBS 2 News in an interview that aired last Thursday that he was innocent, claiming he was deeply devoted to his Bukarian Jewish faith.”The First Commandment says do not kill (sic),” he said while in a waiting room at Riker's Island. “If you kill somebody, you go straight to hell.”Prosecutors contend Mallayev shot Malakov, 34, outside the Annadale Playground on Oct. 28 after the dentist's ex-wife, Dr. Mazoltuv Borukhova, allegedly hired him to do so.Borukhova, who was arrested in February on conspiracy and murder charges, had lost custody of the couple's 5-year-old daughter, Michelle, days before the shooting. The girl was being dropped off to meet her mother just as the gunman opened fire, police said.The authorities said Borukhova and her distant uncle exchanged 90 phone calls in the weeks leading up to the murder, but only two after the incident. Mallayev said the phone calls were not malicious.”All those calls were just for like a treating of the medical stuff,” he said in broken English during the CBS 2 interview.Since he was arrested Mallayev has used the medical alibi, which Queens District Attorney Richard Brown challenged publicly last month.”I don't call my doctor 90 times before I see them,” Brown said.Even though he faces life in prison without parole if convicted of first-degree murder and conspiracy charges, Mallayev was insistent that he was an innocent man.”The real killer is out there and he is laughing at us,” he told CBS 2.