By Ivan Pereira
Queens Supreme Court Justice Robert Hanophy ordered Mikhail Mallayev to be in his court May 20 with his distant relative Mazoltuv Borukhova, who prosecutors say plotted and hired her uncle by marriage to pull the trigger. Both have been charged with first-degree murder and conspiracy charges in the Oct. 28 murder, which took place outside the Annadale Playground on 64th Road and Yellowstone Boulevard.For the first time since Mallayev was extradited from DeKalb County, Ga., to Queens, the courtroom was void of Malakov's relatives and friends, who have repeatedly packed the court benches to curse at the accused murderer. Malakov's father, Khaifka, arrived after the five-minute hearing and said he looked forward to seeing both Borukhova and Mallayev in court.Malakov, 34, a Bukarian Jewish immigrant from Uzbekistan, was dropping his then 4-year-old daughter Michelle at the playground to visit Borukhova when he was shot twice in the chest by a gunman. Malakov had gained full custody of the girl from his ex-wife following a bitter custody dispute days before his death.Three weeks after the shooting, police arrested Mallayev, 50, who police say is Borukhova's uncle by marriage, after they matched fingerprints left on a makeshift silencer left at the playground by the shooter to his prints that were on file for a 1994 arrest.In February, Borukhova, 34, was arrested and indicted after investigators discovered several pieces of evidence they claim showed she hired Mallayev to kill her estranged husband and regain custody of Michelle, who was eventually placed in the care of a foster home after the murder.Prosecutors cited nearly 90 phone calls made between the two in the weeks leading up to the murder but only two after it and said they had other undisclosed facts.If convicted, both face up to life in prison without parole. Borukhova was expected to return to court for a separate hearing next Wednesday.Reach reporter Ivan Pereira by e-mail at ipereira@timesledger.com or by phone at 718-229-0300, Ext. 146.
