Daniel Malakov

Daniel Malakov, (1973-2007) was a New York City orthodontist and dentist (licensed in New York State since August 20, 1998) and naturalized Russian-speaking U.S. citizen born in present-day Uzbekistan (former Soviet Union). He was 34 years of age when shot to death in the company of his 4½-year-old daughter with a 0.38 caliber revolver Sunday, October 28, 2007 in broad daylight, approximately 11:00 AM, by a man dressed in black in the New York City borough of Queens at a neighborhood playground. The murder occurred less than one week after Dr. Malakov was given temporary full custody of his young daughter Michelle. (Five photos of Dr. Malakov and Michelle Malakov, taken on the morning of his murder by the victim's father Khaika Malakov, 68, appeared in The New York Daily News on Wednesday October 31 2007. )
His estranged wife had made it extremely difficult for Dr. Malakov to see his daughter for almost her entire life. The murder may be a proxy mariticide.

Circumstances surrounding the murder
At the time of his death, Dr. Daniel Malakov, who along with his wife was a member of the Uzbeki-Russian-Bukharan-Jewish-American community (see Bukharan Jews), was in the process of bringing 4½-year-old daughter Michelle Malakov (born February 16, 2003) to visit the child's mother, estranged wife Dr. Mazoltuv Nereyevna Borukhova (also known as Marina Borukhova) whom he had married in a civil ceremony November 30, 2001 approximately one year after meeting her. The child had been separated from Dr. Borukhova by court order for six full days between Monday October 22, 2007 and the date of the murder.

The murderer shot Dr. Malakov with no warning in the normally peaceful New York playground scant feet from his dental office. The doctor was shot at close range. Three (3) bullets struck his chest. No shells were recovered. Dr. Borukhova stated she attempted to administer first aid.

Dr. Borukhova was a specialist in internal medicine. She, too, maintained a professional medical office in the Rego Park section. She received her American license to practice medicine August 5, 2005, following a residency program in Brooklyn, New York. The same year, divorce proceedings were initiated against her by Dr. Malakov. Rego Park and closely situated Forest Hills, two sections of the New York City Borough of Queens, boast numerous Bukharan retail businesses. A major thoroughfare is 108th Street north of Queens Boulevard.

A suspect, Mikhail Mallayev, was arrested on November 20, 2007.

Young Michelle was placed in the care of New York City's Administration for Children's Services immediately following the murder.

Silencer
According to The New York Times of October 30, 2007, the silencer fashioned of a plastic bleach bottle wrapped in duct tape was blown clear of the revolver and landed in a nearby pile of leaves. It was recovered by the police and has become a major item of evidence, leading to an arrest (see below).

Neighborhood in which the Daniel Malakov murder was committed
The murder of Dr. Daniel Malakov was committed near the entrance to a facility of the New York City Department of Parks and Recreations, the 1-acre Annadale Playground located in the Rego Park section adjacent to Public School 175. The neighborhood in its vicinity is known as Annadale. Annadale Playground, known before 1985 as the P.S. 175 playground, features play equipment, handball courts, swings, basketball courts, chess tables, and a spray shower. Dr. Malakov's practice was located on 64th Road, approximately 50 feet from the site of his murder.

Professional Career of Daniel Malakov
Dr. Malakov's specialty is known as Orthodontics/Dentofacial Orthopedics. He had attended the New York University College of Dentistry from which he graduated in 1998, and the Columbia University College of Dental Medicine from which he graduated in 2000.

Custody matters in re Michelle Malakov
On October 22, 2007, six (6) days prior to the murder of Dr. Daniel Malakov, he received temporary full custody of Michelle Malakov, his daughter, to the exclusion of his estranged wife, Dr. Mazoltuv Borukhova. The October 22 transfer carried out a decision made by the court on October 3, 2007.

It is unusual for fathers to be awarded full custody and the reasons for this decision by the court are central to the events leading up to the murder. In his order, Justice Sidney F. Strauss, of State Supreme Court in Queens County, transferred temporary full custody of Michelle to Dr. Malakov, stating that Dr. Borukhova "was allegedly not cooperating with supervised visitation."

Dr. Borukhova repeatedly sought to prevent unification of Michelle with Dr. Malakov by a variety of means. The court of Justice Strauss had by October 3 2007 determined that Dr. Borukhova was not complying with visitation orders. Dr. Borukhova appealed the October 3 decision and on October 18, 2007, ten (10) days prior to the murder of Dr. Daniel Malakov, the Appelate Division denied Dr. Borukhova's request to stop the transfer of Michelle Malakov to Dr. Malakov. Just prior to the scheduled transfer-date of Monday October 22 2007, Dr. Borukhova appealed to Justice Strauss to intervene by requesting a court-appointed psychological evaluation. This last request was denied.

Dr. Malakov, on the date of his murder, had arranged for the former family to get together. Ironically Dr. Daniel Malakov is quoted by family members as having stated (following the decision to award him full custody of Michelle): "I love her, but I really didn’t want it to happen like this. A daughter should have a father and a mother in her life. She shouldn’t have to go through this."

Other Borukhova Family Members
News accounts state that on the date of transfer of custody of 4½-year-old Michelle to her father, October 22 2007, Dr. Malakov's former mother-in-law, 65-year-old Esta Borukhova, started punching him and yelled angrily in Russian at the Malakovs. A Borukhova lawyer stated that Esta Borukhova was understandably emotional at the loss of custody of Michelle.

Anti-Social Personality Disorder in Women
Anti-Social Personality Disorder is categorized by the American Psychiatric Association in its DSM-TR-2004 Diagnostic and Statistical Manual and does not, as many assume, prevent the affected person from forging social relationships. To the contrary, the patient is typically affable and unusually adept at social intercourse. The true nature of the disorder emerges when the individual acts contrary to his or her commonly presented persona through, e.g., aggressive and/or violent action intended to harm another person.

In our society it is assumed that women, as traditional child-rearing nurturers and members of the "weaker sex," are most often the aggrieved parties in any conflict especially one that is marked by violence or involves the welfare of a child. A man acting violently will often be characterized as such. However, it is so unusual for women, especially mothers, to act violently or with extreme malevolent intent that it is a simpler matter for such persons to deceive those around them.
Among many other women who manifestly fall in this category is included Sante Kimes, mother of Kenneth Kimes. Sante Kimes is responsible for the death of Irene Silverman and fraud.

Professional Career of Dr. Mazoltuv Borukhova
At the time of the murder, Dr. Borukhova was listed on the web site of North Shore-Long Island Jewish Hospital (http://northshorelij.photobooks.com) as an M.D. Internist. Her medical school is described as "Samarranol State Medicine," a transliterated version name of the Samarkand State Medical Institute, Uzbekistan, from which she graduated June 30, 1996. Her residency is described as "The Brooklyn Hospital Center;" its website indicates that she is a 2005 graduate of its residence program in internal medicine. (http://www.tbh.org/news/2005%20news/N-2005-TBHC-Graduation.htm)." Her primary office is located at 64th and 108th Street in Rego Park.

=Dr. Mazotuv Borukhova's statements=
The following quotes were attributed to Dr. Mazoltuv Borukhova, in multiple new reports:

Borukhova's nightmare (the term "nightmare" appears as a descriptor in the wcbstv.com story, but not as a direct quote) began several years ago, after her marriage to the dentist fell apart: "He wasn't the man I married, he wasn't the man I loved," she said.

Borukhova (referring to November 30, 2003): "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." This alleged incident would have taken place nine (9) months following the birth of their daughter. Dr. Borukhova is said to have stated that the marriage was fine before that point.

Borukhova: "This is worse than a nightmare, because you wake up, and that nightmare is your reality."

Borukhova: "I was holding Michelle in my arms and I was swinging with her and he (Dr. Daniel Malakov) was just next to me."

Borukhova: "I went back to help Daniel, I incubated (sic) him, I did chest compressions before EMS arrived and tried to help him,"

Borukhova: "Believe it or not, I do understand my in-law's anger. They just lost a son who was 34-years-old and they have to blame somebody and I'm the easy target."

Borukhova: "I will, if have to, people listen to me, to the truth, to refuse to eat and drink. ... I will. ... I will,"

Testimony of State Senator Savino

Surprising and shocking testimony as follows was pubished in The New York Times of November 6, 2007:

"...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."

Arrest of Mikhail Malleyev
On November 20 2007, an extended family relation of Dr. Borukhova was arrested in DeKalb County, Georgia. He has been charged with second degree murder and gun possession.

Notwithstanding heavily incriminating circumstantial evidence, Malleyev has denied his guilt. Speculation exists as to whether Malleyev might be offered a plea deal in order to turn evidence against other Borukhova family members.

According to The New York Times, the suspect Mikhail Malleyev, age 50, is related to a sister of Dr. Mazoltuv Borukhova and, like her family, is an immigrant from Uzbekistan. Malleyev is a U.S. citizen who has lived in the United States since ca. 1988. He had been arrested for subway fare evasion in 1994, resulting in his fingerprints having been recorded. They matched latent fingerprints appearing on duct tape used to fashion the home-made silencer used on the murder weapon (see below).

Malleyev matches the description of a white man in his 50s previously published in The New York Times quoting witnesses.

On Wednesday November 21 2007, Malleyev is quoted as having told reporters from New York press "This is ridiculous." The statement was made from the DeKalb County Jail in Decatur, Ga.

Circumstantial evidence appear to discredit Malleyev. Cell-phone records are reported to have shown Mallayev drove to New York City from Georgia on the day of the shooting and then returned to his home, according to a police source quoted by The New York Daily News (http://www.nydailynews.com/).

Around the time of his arrest, Mallayev had a Corvette, an SUV, and two other vehicles in the driveway of his house. The house was originally a 3-bedroom split level but was substantially expanded and luxurious masonry features added to the exterior. The New York Daily News, in a story of November 21 2007, characterized the home as "palatial," and another news report characterized it as being of approximately 10,000 square feet in livable space (approximately 3 to 5 times the size of an ordinary single family home). Malleyev has been variously reported to be a contractor, in "the construction business," and having interests in real estate.

However according to The New York Post (http://www.nypost.com) of November 21 2007, while living in Georgia, Mallayev and sons were involved in a land-development deal with a New Yorker, Shalom Cohen. Cohen later filed a civil suit accusing them of stealing $1.5 million. Cohen is quoted by The New York Post as stating "They were con artists and they scammed me, but I'm surprised he's involved in something like this,"

Malleyev refused voluntary extradition from the jurisdiction of the State of Georgia and, accordingly, will be extradited by governor's warrant.

One of Dr. Borukhova's sisters is quoted by The New York Times as having stated even in the aftermath of the arrest, with regard to Dr. Mazoltuv Borukhova: "She was not involved, she never had a thought of killing him."

Details of Fingerprint Match
New York Newsday (http://www.newsday.com) reported that two partial fingerprints found on the silencer were furnished to New York Police Department Detectives W. Bieniek and D. Perruzza, of the Latent Print Section after an initial search of 55 million finger prints on file nationwide was unsuccessful. The match was made only after the Latent Print Section compared the evidence to fingerprints from 23 people close to Malakov - friends, relatives and others suspected of being involved. Malleyev's prints were reportedly (The New York Daily News) sent to the detectives on Tuesday, November 20 2007 and Malleyev was arrested in Georgia later the same day.

According to New York Newsday, one partial latent fingerprint on the recovered "duct tape silencer" matched the print for Mallayev's No. 7 finger - the index finger on his left hand, dipped in ink and rolled across a pad on Dec. 29, 1994, the day Mallayev was arrested at a Rockefeller Center subway station when he and a friend tried to get past the turnstile using just one token, police said. At first the match could not be made because a copy of the 1994 print was too light, but the detectives used a photocopier to create a higher-contrast image that facilitated a comparison. A second latent fingerprint on the silencer was also deemed a match but no details are given.

Claims of his innocence by Malleyev's family
According to The New York Post (http://www.nypost.com), Malleyev's sister-in-law, Berta Babayeva, who lives in Borough Park section of the New York City Borough of Brooklyn, said that Malleyev had been in Brooklyn in early November for a wedding, but there was no way he could be involved. "It's not true. He is a good man," she said.

Mallayev's niece, Margarita Babayeva, 38, said she saw her uncle in Brooklyn approximately one week prior to his arrest November 20 2007. He had made a special trip to visit Borukhova for treatment for a heart condition, she said.

The New York Post quotes Margarita Babayeva as saying that Malleyev said to her, "Can you believe Daniel is dead?" Further, Babayeva stated to the Post that Malleyev went to see Borukhova. When Babayeva reportedly asked Malleyev why he would visit Borukhova, Malleyev responded, "I am not only a relative but also her patient." she said.

However, Babayeva reportedly also stated to The New York Post, "This is ridiculous. He doesn't even have a gun. He would never do something like this."

Reaction of Victim's Mother
According to The New York Post (http://www.nypost.com) of November 21 2007, Dr. Malakov's mother Malka Malakov is quoted as reacting bitterly to the arrest of Malleyev as follows: "He was in the wedding! Oh my God! He was in the wedding!" wailed Malakov's mother, Malka. "God punish him! How can you have animal heart?" Dr. Malakov's brother, Gabriel, is quoted as follows: "I feel like crying. They arrested the guy, but they can never return my brother."

Grand jury
It was reported on Wednesday December 12 2007 that a New York Grand Jury was tending towards indictment of Mallayev. Dr. Mazoltuv Borukhova is not under consideration, it was reported, for indictment at this time but remains under investigation by the authorities.

E-mail
It has been reported in early December 2007 that personal computers seized by the authorities from Dr. Mazoltuv Borukhova reveal e-mail traffic between her and Malleyev.

E-mail discovered between Mazeltov Borukhova and Mikhail Mallayev
The broke a story, quoting an unnamed source on Wednesday December 12 2007 stating that police found e-mails between the estranged wife of slain Queens dentist Daniel Malakov and alleged killer Mikhail Mallayev on computers seized from Borukhova's home and work. Mikhail Mallayev is referred to in the article as Borukhova's "uncle."

Stalking by Dr. Mazultov Borukhova of her 4-year old daughter in foster care
It was reported by the also on December 12 2007 that detectives of the 112th Precinct in New York have reports that Dr. Borukhova followed her 4-year-old daughter to a foster home after a "visit at a neutral site." If true, this is a serious violation of confidentiality of the foster parents. The date is not specified.

In the event that Dr. Borukhova is indeed "stalking" the foster parent, that would seem to confirm her willingness to engage in behaviors that ordinary law-abiding, unbiased, and psychologically balanced New Yorkers would consider to be evidence of a capacity for evil-doing. An obvious fear would be that Dr. Borukhova might be intending to seize 4½-year old Michelle and leave the United States for another country having a Bukharian Jewish colony but lacking effective means of extradition.

http://www.nycgovparks.org/index.php
http://www.nycgovparks.org/sub_your_park/historical_signs/hs_historical_sign.php?id=12012
http://wcbstv.com/investigates/dentist.daniel.malakov.2.568174.html

Main Menu

See Also

Main Menu