COLUMBUS (WCMH) — There’s new hope for Judy Malinowski’s family that not only will justice be served, but that her own voice will be heard in court. We’ve learned the high profile capital murder trial will likely start this spring. That’s months earlier than expected.
Before Judy died, her mother Bonnie Bowes, said she gave a three hour taped deposition from her hospital bed. The big question is if the judge will allow it to be used in trial. Bowes said she’ll be okay with any outcome as long as her daughter is heard.
“Who better to tell her story than her?” said Bowes.
It would be unprecedented in Ohio to allow someone to testify from the grave in their own murder case.
Judy Malinowski was horrifically burned after being doused with gas and set on fire by her ex-boyfriend Michael Slager. Slager is currently serving an 11 year sentence for aggravated arson and felonious assault for setting her on fire.
Bowes said there’s no reason that testimony shouldn’t be unsealed.
“A judge ordered it, she risked her life, she backed off on pain meds, she went to her grave thinking that she did justice and she told her story,” said Bowes.
Franklin County Prosecutor Ron O’Brien said he’s sure the defense will try to keep that deposition out of the courtroom.
“They’re going to object and then it will be up to Judge Reece to decide, but we believe it meets all the requirements for use of a deposition in a criminal case,” said Prosecutor O’Brien
The judge will make that decision in the next few months, before the trial starts.
Bowes said she’ll accept any outcome as long as her daughter is able to tell her side of the story, in her own words. As far as justice for Judy-
“I don’t think there’s such a thing in a case like this as justice. I just don’t think you can ascertain justice in something like this,” said Bowes.
She said she’ll keep being Judy’s voice, until she’s able to speak for herself in that courtroom this spring.
“I’m praying that Judy can take it from here because she did her work.”
Slager is charged with capital murder in Judy’s death. That means he’s eligible for the death penalty.
A hearing is scheduled for Thursday. He is expected to be in court for that hearing.
