PROSECUTOR O’BRIEN SEEKS AND COURT GRANTS PETITION TO ALLOW GRAVELY ILL BURN VICTIM TO GIVE A DEPOSITION IN ORDER TO PERPETUATE HER TESTIMONY SHOULD SHE SUCCUMB TO HER INJURIES

Posted on 1/20/2017

Defendant: Michael W. Slager

Franklin County Prosecutor Ron O’Brien said, “Due to the severity of Judy Malinowski’s injuries, unfortunately a future homicide case is likely.  Normally we do not have testimony from homicide victims, however, it is important that she be allowed to refute Slager’s version of the crimes that occurred on August 2nd, 2015.”  Slager was indicted for three crimes:  Aggravated Arson, Felonious Assault, and Possession of Criminal Tools.  On December 12, 2016 Slager pled no contest to everything he was charged with in that indictment, was found guilty by the judge, and was sentenced to the maximum of eleven years.  O’Brien’s office was prepared to have Malinowski testify remotely from the hospital, however, because Slager tactically avoided a trial, her testimony was not taken.  On December 29th, 2016, Prosecutor Ron O’Brien filed a petition in Common Pleas Court seeking an order from the court that allows taking the deposition of Judy Malinowski in order to perpetuate her testimony for use in a subsequent homicide case should she pass away from her injuries.  After the hearing, Judge Holbrook found that O’Brien’s petition was well taken and granted it, ordering that Malinowski be deposed.