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Queens doctor and cousin are guilty in murder

SETTLEMENT FOR MAN WRONGLY CONVICTED IN PALLADIUM KILLING

New York City and State have agreed to pay $2.6 million to a man who served almost 14 years in prison before he was cleared in the 1990 Palladium nightclub shooting that left a bouncer dead.

Mr. Hidalgo, who was cleared by the district attorneys office in 2005, is one of two men who were convicted and sent to prison in the killing. The other, David Lemus, was retried in 2007 and acquitted; he has a lawsuit pending.

Mr. Hidalgo, 43, who now lives in the Dominican Republic, could not be reached for comment. Mr. Cohen said that while no amount of money could adequately compensate his client, at least it gives him the opportunity to go forward with his life, and an added level of vindication.In the end, there was no doubt that he was innocent, Mr. Cohen added.

Mr. Hidalgo and Mr. Lemus were convicted by a jury in 1992, and sentenced to 25 years to life in prison. But questions were repeatedly raised, by the police and federal prosecutors, defense lawyers and the press, about whether the wrong men were behind bars. Among the evidence pointing to their innocence was a confession by a former member of a Bronx drug gang that he and a friend had committed the crime.

The bouncer, Marcus Peterson, was shot and killed after a scuffle outside the nightclub, in the East Village.

By early 2003, the office of the district attorney, Robert M. Morgenthau, had opened a new investigation, led by a veteran homicide prosecutor, Daniel L. Bibb, who concluded after 21 months that neither Mr. Hidalgo nor Mr. Lemus were guilty of the murder. But when Mr. Bibb raised the matter with his superiors, they ordered him to defend the convictions in a court hearing, he said last year in an interview with The New York Times. I was angry that I was being put in a position to defend convictions that I didnt believe in, he said at the time.

Mr. Bibb, who is now in private practice, declined to comment on any settlement in the Palladium shooting, but said: I came to believe that Hidalgo wasnt there. And if he wasnt there, he certainly couldnt have done it.

Mr. Hidalgos lawsuit against the city, filed in Federal District Court in Manhattan, charged that despite clear-cut proof that both men were not guilty, the district attorneys office continued to dig in its heels until it had no choice in light of the overwhelming factual support of Mr. Hidalgos innocence but to consent to vacate his conviction and dismissal of his indictment.

The settlement documents are being submitted to the courts, Mr. Cohen said. Officials from the offices of the district attorney and the New York attorney general declined comment.

 

 

36

QUEENS DOCTOR AND COUSIN ARE GUILTY IN MURDER

An observant Jewish doctor broke the Sabbath to inquire about buying a spy camera, prosecutors said, to make sure the relative she had hired as a hit man would not turn on her. She arranged for her estranged husband to be murdered in front of her and their 4-year-old child, they said, to hide in plain sight. During a six-week trial, each bizarre detail was a new mortification for the small community of Bukharian Jewish immigrants in Forest Hills, Queens previously little noticed by the wider world of their adopted city as their religious traditions and family feuds were dragged into the limelight in the wake of a shocking crime.

On Tuesday, after six hours of deliberations, a Queens jury found the doctor, Mazoltuv Borukhova, and her cousin by marriage, Mikhail Mallayev, guilty of first-degree murder and conspiracy in the death of Daniel Malakov. For the victims family, it was a strange sort of validation of their new home.

God bless America, Mr. Malakovs relatives shouted on the steps of the courthouse, pumping their fists in the air. Seventeen years ago I came to this country, his uncle Ezra Malakov said in Russian. They told us that here money decides everything. But it turns out that the court made a just decision. We are going to drink vodka, said a cousin, Ilya Khaimov.

The young couple married within weeks of meeting in September 2001 though, Dr. Borukhova testified, her in-laws never approved of the match. Their marriage fell apart soon after their daughter was born. By the spring of 2007, Dr. Malakov, an orthodontist, saw her only on visits supervised by social workers. But Michelles court-appointed guardian was pushing in court for the visits to be unsupervised, saying that the mothers interference during the visits was preventing father and child from bonding.

There were more than 60 between Oct. 22, the day Dr. Borukhova handed over Michelle to her estranged husband, and Oct. 28, the day of the killing.

On Oct. 28, a sunny Sunday morning, Dr. Borukhova arranged to meet her husband and daughter in a Forest Hills playground.

What happened next was the center of the case. An eyewitness, Cheryl Springsteen, a special-education teacher, testified that she was walking her dog when she saw a jowly, bulky man fire three shots at Dr. Malakov. She identified Mr. Mallayev in a lineup, and the police said his fingerprints were on a homemade silencer found nearby. Ms. Springsteen said she did not see Dr. Borukhova until later.

The toughest challenge for prosecutors was proving murder for hire, a necessary component of first-degree murder; there was no direct evidence that Dr. Borukhova had paid Mr. Mallayev. But on Nov. 7, there were two more phone calls between Dr. Borukhova and Mr. Mallayev Both defendants face 20 years to life in prison Michelle is now living with a brother of Dr. Malakovs.

 

 

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Owner Liability for Dog Bites and the One Bite

Each state has different dog bite liability laws for dog owners. In fact, dog bite law is often a combination of state statutory law, case law, city and county ordinances and common law. These laws, however, can be classified into two general categories: the one bite rule and the strict liability rule.

 

The one bite rule is also known as the "first bite rule," or the "first bite free" rule. Under this rule, a dog owner cannot be held liable for injury to another caused by his or her dogs first bite as long as the owner was not negligent in his or her duties to control the dog. The owner must also not have been in violation of other protective dog laws such as not letting the dog run loose in public places without a leash. The rule also does not apply if the owner was aware or should have been aware of his or her dogs propensity to be dangerous, which could be established if:

 

The dog had a tendency to snap at people

The owner told others that the dog is an attack dog

The owner cautioned others that the dog bites

The dog often wears a muzzle

 

Liability for subsequent bites is then generally determined under strict liability rules.

 

The strict liability or "scienter" (knowledge) rule holds that the owner is responsible for injuries caused by a dog bite regardless of whether the bite was the first one since the owner took possession. The basic premise is simply that because the owner legally owns the dog, the owner is also legally responsible for it.

 

Depending on the jurisdiction, however, some protections are extended to dog owners, even when the strict liability rule applies. For example, dog owners may not be held liable for injuries caused by their dogs bite if:

 

The dog bite victim was a trespasser

The dog bite victim is a veterinarian treating the dog

The dog bite victim provoked the dog

The dog bite victim ignored warnings by the owner not to approach the dog

The dog bit someone during a military operation or while helping the police

 

But even in states that have the strict liability rule in common, its applicability varies in scope. Some apply the rule to the dogs keepers as well as their owners if they are not one and the same. Others apply the rule to injuries caused by the dog by means other than biting. Some provide for full compensation while yet others only for medical bills and/or other economic losses. In some states the rule may apply only during daytime, if no warnings were posted, or if the victim provoked the dog at the time he or she was bitten and not previously. For this reason, it is key for a dog bite victim to consult with an attorney who understands local dog bite injury liability rules and regulations.

 

If you or a loved one has been the victim of a dog bite, you should retain an experienced dog bite lawyer to help you get the most from your claim.

 

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Filing a Civil Lawsuit for Sexual Harassment

 

At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.

 

Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child's parent or guardian must bring a lawsuit on the child's behalf. After a child becomes an adult, the adult child may bring the lawsuit.

 

Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.

 

Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.

 

Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.

 

Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.

 

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