A Franklin County judge has decided that a woman who was set on fire may record her testimony to be used in the trial of her accused killer if she should die.
Last month 10TV brought you the story of Judy Malinowski, who was set on fire by her ex-boyfriend.
Seventeen months later, Malinowski is alive, but doctors don't expect her to survive.
Since August 2, 2015, Malinowski's life: Horrifically burned, in constant pain, and confined to a hospital bed.
More than 500 days and more than 50 surgical procedures have not changed her prognosis.
Because of her tenuous condition, prosecutors had planned to have her testify from her hospital room via Skype at the trial of her attacker Michael Slager.
Last month, before his trial started, Slager pleaded “no contest” and was found guilty of aggravated arson and felonious assault, and sentenced to the maximum possible 11 years in prison.
If, as expected, Malinowski dies, prosecutors will charge him in her death. But first, they want to get her testimony on the record and under oath.
"It's very rare that you have a potential homicide case that will occur next week, next month, or next year,” said Franklin County Prosecutor Ron O’Brien. “And we would like to have that rebuttal testimony that the victim would provide."
Slager's attorney Robert Krapenc argued against taking testimony for a criminal case that does not yet exist.
"In this case, rather than say what is fair, what result to we want to arrive at, I think you need to look at what the law says. There is no precedent here,” Krapenc said. "There is no pending case against Mr. Slager. Nobody's filed a civil action against him, though that could have been done, and there's no criminal case pending.”
The judge ruled Malinowski will testify via skype in a hearing next Thursday. Her mother said despite her fragile state, Malinowski is ready to do what she needs to.
"She wants to testify,” Bonnie Bowes said. “She wants the scales to be balanced if she succumbs to her injuries. She said mom it's a tough thing to do, but I have to because he'll hurt somebody if he gets out."
One issue that still may come up, Slager's attorney said in any potential murder trial, Slager may choose to represent himself.
He argued, therefore, that Slager himself should be able to directly question Malinowski during her deposition.
Her doctor testified she believed that would send Malinowski into an emotional tailspin that could compromise her health.
The judge said he will rule on that at the time, based on what questions Slager has.
Judy Malinowski's story in her own words: