Defense attorneys want Malinowski's deposition thrown out

Michael Slager, serving 11 years for the attack on Judy Malinowski, is now charged with her murder. (WSYX/WTTE)

Defense attorneys want the deposition murder victim Judy Malinowski gave before she died thrown out in the new case against her ex-boyfriend.

Michael Slager faced a judge Wednesday and could face the death penalty after Malinowski died this summer.

In 2015, Slager doused Malinowski with gasoline and set her on fire.

She spent nearly two years in a hospital bed with burns covering most of her body.

In an unprecedented move, Malinowski gave a deposition from her hospital earlier this year knowing she may die from her wounds.

Defense attorneys say the deposition is against the law since Malinowski couldn't be questioned on the completed coroner's report on her death.

Currently, Slager is serving 11 years in prison for the attack on Mainowski.

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