COLUMBUS (WCMH) – A Gahanna woman who was set on fire and has been in the hospital for nearly 18 months will be able to tell her story in a videotaped deposition, a Franklin County judge ruled Friday.
Judy Malinowski, 33, was doused with gasoline and set on fire in August 2015. Her ex-boyfriend, Michael Slager, entered a plea of no contest in December 2016 to charges of aggravated arson and felonious assault.
Judge Michael Holbrook ruled in favor of a petition submitted by Franklin County Prosecutor Ron O’Brien’s office, which requested the opportunity to record a video deposition from Malinowski’s hospital room because she cannot physically travel to the courthouse.
The deposition, which is scheduled for Thursday, January 26, will be sealed for now. If Malinowski eventually dies from her injuries, Slager could face homicide charges, though none are pending right now.
“It’s very unusual, admittedly, because if you need to take a deposition in a criminal case, as was said in court, you do it in a pending criminal case,” Ron O’Brien, the Franklin County Prosecutor, said.
If charges are filed, the deposition would be unsealed and prosecutors would seek to use the testimony in a trial, although whether it would be admitted in court is up to the trial judge.
Before the ruling, her mother, Bonnie Bowes, told NBC4 her daughter wanted to tell her story.
“She said, ‘Mom, I know I haven’t endured this much pain in vain,'” Bowes said. “‘I want to make sure I’ve given all I can give so that justice can be served.'”
Slager is currently serving 11 years in prison, although he and his attorney maintain the situation in 2015 was accidental. Prior to the ruling Friday, Slager’s defense attorney requested that Slager be allowed the opportunity to confront Malinowski during her testimony against him.
“I’d like him to see the witness testify, I’d like her to see him, I’d like the jurors to see everything,” Bob Krapenc, Slager’s attorney, said. “So when they’re talking about doing a videotape deposition, we lose a lot of that.”
The defense attorney said Slager could represent himself if there’s a homicide trial in the future, so he wants the opportunity to ask Malinowski questions during her testimony.
Dr. Gayle Gordillo, Malinowski’s primary care doctor, spoke in court, saying the experience could be traumatic for Malinowski, whose condition has regressed somewhat in recent months, especially if Slager is given the opportunity to question her.
“She’s not on death’s doorstep, but she hasn’t moved very far,” Gordillo said. “We are definitely trying to move in the right direction.”