Man found guilty of murdering his wife will get 30 years to life in prison.
By: Joseph Harvie
Convicted murderer Boris Boretsky will officially be sentenced Friday in state Superior Court in New Brunswick to 30 years to life in prison.
A jury handed down the sentence Jan 11 after it found him guilty of murder and felony murder for stabbing his wife, Sauoule "Lana" Moukhametova, in the chest in March 2002.
Judge James Mulvihill will issue the sentence.
Meanwhile, on Wednesday, the state Supreme Court issued an opinion relating to the Boretsky case concerning Miranda rights at emergency scenes.
The court’s opinion, posted to the Rutgers University law Web site, explained an October decision to allow as evidence statements made by Mr. Boretsky to police when they responded to his 911 call reporting his wife’s stabbing. The Supreme Court’s decision overturned previous rulings by Judge Mulvihill and a state appellate court that ruled the statements inadmissible.
According to the opinion, police were acting in an emergency situation a reported suicide attempt when they responded to Mr. Boretsky’s 911 call. Mr. Boretsky was not being questioned as a suspect in a crime at the time, the opinion said, and his request that officers speak with his lawyer did not trigger his Miranda rights. Police said that Mr. Boretsky told them he waited 45 minutes after finding his wife bleeding before calling police and also said, "I’m sorry," several times while in police custody without his lawyer present.
"In sum, the police officers’ emergency aid response trumps application of Miranda and its protection on defendant’s privilege against self-incrimination," the opinion stated.
The opinion states that Mr. Boretsky’s Miranda rights did not begin until after he was charged with violating a restraining order and was officially read his rights.
"We reject the proposition that an individual’s equivocal statement about ‘counsel,’ while in police presence and before Miranda warnings are administered, constitutes the invocation of the Miranda right to counsel," the opinion states.
Middlesex County Assistant Prosecutor Nicholas Sewitch said that this means that, when in an emergency situation, the police’s first obligation is to the safety of the victim and Miranda rights are not in place.
"The state feels that it is a strong opinion and will reasonably provide police with a bright line that gives them a guideline to follow when in an emergency situation," Mr. Sewitch said.
Mr. Boretsky’s attorney Joseph Benedict said that the federal courts should look at the opinion. He said that, once someone tells police to speak to a lawyer, his or her Miranda rights have been enacted and police should not have questioned the suspect with an attorney being present.
Mr. Benedict said that he will hand the case over to the public defender’s office after Friday’s sentencing. He said that his recommendation to the public defender will be to appeal the state Supreme Court’s decision on Mr. Boretsky’s statements. If a federal court overrules the state Supreme Court, it could vacate the conviction, he said. He also said he would recommend that the public defender appeal the conviction in state court.
"This one clearly cries out that it should be looked at by the federal courts," Mr. Benedict said. "My recommendation to the public defenders office will be to attempt to pursue it immediately."

