By Ivan Pereira
On Tuesday, Judge Robert Hanophy ordered Mikhail Mallayev to shave his grizzly beard, which he grew while he was being held in a Georgia jail, and take part in a police lineup in front of the people who saw the Oct. 28 murder outside the Annadale Playground in Forest Hills. Malakov's family said they were glad the suspect is facing a judge but still mourn the loss of their family member.”Everytime I look at that man I picture how he approached my brother and killed him,” said Daniel's brother, Gavriel, 33, outside the court.Daniel Malakov was murdered as he was taking his 4-year-old daughter Michelle to visit her mother, Dr. Mazoltuv Borukhova. Malaokov had gained full custody of the girl on a temporary basis days before the shooting in a bitter custody battle with his ex-wife.Georgia police arrested Mallayev, 50, three weeks later after NYPD forensics specialists tracked fingerprints left on a makeshift silencer used by the shooter to his fingerprints, which were on file for a 1994 arrest. He fought extradition for weeks and was brought back to New York on Jan. 16.The drama in the courtroom Tuesday carried over from Mallayev's first appearance before the judge and 75 friends and family of the Malakov family. The relatives waited anxiously inside the courtroom while more stayed outside to get a glimpse of the man prosecutors say murdered their fellow Bukarian Jew, who emigrated from Uzbekistan.”Yeah, we're vengeful and we're vexed. We've been waiting for a long time for this,” said Malakov's distant cousin Edward Gavrilov, 17 of Forest Hills.The crowd hissed and booed Mallayev as he entered the courtroom, wearing a light green winter jacket, dark slacks and a yarmulke. He was silent as his court-appointed attorney entered a plea of non-guilty to charges of second-degree murder and criminal possession of a weapon.Assistant District Attorney Brad Leventhal read to the court the suspect's statements to Georgia police when he was arrested on Nov. 17. Mallayev initially denied three times that he was in New York City during the time of the murder, but changed his story and said he was in Queens with his son visiting a friend, according to the testimony.The suspect, who said he is related to Borukhova through his wife, said he left for Georgia on Oct. 28 but denied being near the Annadale Playground, located on Yellowstone Boulevard and 64th Road. NYPD detectives proved otherwise as they discovered he had placed 65 phone calls to Borukhova between Oct. 21 and Oct. 26, according to the testimony.One of the calls was made “in close proximity to the scene of Daniel's murder,” a Georgia detective said in the testimony. “The defendant murdered Daniel Malakov by shooting him twice in the chest. This was an execution,” Leventhal said.Mallayev was remanded by the judge without bail and could face up to life in prison if convicted. A court date was set for Feb. 14.Malakov's relatives cursed the silent defendant as he left the courtroom. “Hang him up! Shoot him! Take off his head,” they shouted in their native Russian.Outside the courtroom last Thursday, Malakov's parents and brother held back their emotions as they reflected on the criminal case.”He is the killer. I know it. The lack of truth shows that he is the one,” said Malakov's father Khaika.Other family members said they wished Borukhova was on the stand, too, as the newly revealed evidence connected her to the Mallayev.”We want to see her in jail, too,” Gavriel Malakov said.Borukhova was not been arrested, but DA Richard Brown said his office was looking for other conspirators involved in the shooting. She did not return repeated calls for comment.Reach reporter Ivan Pereira by e-mail at ipereira@timesledger.com or by phone at 718-229-0300, Ext. 146.
