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*Disclaimer*
WHEN YOU SIGN THE REGISTRY FOR YOUR STATE....

Don't include your full address if you don't want it available to the public online. Please only sign your full name and city/state in that situation.

 

Here are a few of the news stories I could find online, I'm going to start keeping a tab and posting them with a link back to their parent website. It makes me realize how far we've come and how far we have YET to go.

 

SCOTT SUDER AND MELINDA'S RADIO INTERVIEW

WISCONSIN PUBLIC RADIO ARCHIVES

 

 

Convicted killer seeks new trial

Shelley Nelson The Daily Telegram
Published Saturday, January 05, 2008

The man convicted for the 2006 murder of his midtown neighbor is seeking a new trial. A Wauwatosa attorney filed a motion Thursday on behalf of Jason Richard Borelli, 33.

Borelli was convicted during a two-part trial in November 2006. Jurors found him guilty of first-degree intentional homicide in connection with the brutal killing of 29-year-old Leah Gustafson. Borelli, who pleaded not guilty by reason of mental defect, was also found to be mentally competent.

Attorney James Rebholz of Wauwatosa cites ineffective legal counsel as the reason for seeking a new trial, a common claim made by defendants convicted of murder. The defense lacked forensic support, was unreasonably inconsistent with evidence Borelli was intoxicated with both alcohol and crack cocaine at the time of the murder, and there was no support for conviction of a lesser degree in connection with the crime, the motion contends.

“There was ample evidence of Borelli’s reckless intoxication and relevant psycho-social history to support the lesser-included defense of first degree reckless homicide,” Rebholz wrote in the motion. “Failure to seek submission of first-degree reckless homicide to the jury was not harmless given Borelli’s forensically diagnosed ‘impulsivity’ and given the lack of any reasonable support for the lesser-included offense submitted.”

Borelli had an extensive criminal record that included other incidents of violence against women, and violence against women he didn’t know prior to the 2006 homicide. Following the murder, his grandmother said Borelli had been unable to afford medications that aided with his mental illness.

In addition to the motion for a new trial, Borelli is asking the court to modify his sentence

About a year ago, Borelli was sentenced to life in prison without extended supervision, a sentence that his attorney calls “harsh and excessive.”

No hearing has been scheduled to consider the motion.

Judge Michael Lucci, who originally presided over the trial and determined the sentence, wrote a letter advising Borelli’s attorney to contact his office in the next two or three weeks to set a time for a scheduling conference. The public hearing for the motion would be determined during the scheduling conference.

January 5, 2008 Daily Telegram (Superior)

Legislature considers Leah’s Law

Anna Kurth The Daily Telegram
Published Monday, December 31, 2007

A dream to create a violent offenders registry in memory of Leah Gustafson got a boost in November when Wisconsin Rep. Scott Suder, R-Abbotsford, introduced the bill at the Capitol in Madison.

Brutally attacked in her own apartment by a neighbor she barely knew, Gustafson, 29, died Jan. 7, 2006. Friends and family believe she could and would have protected herself if she had known the long, violent history of her neighbor, Jason Richard Borelli, then 31, who was convicted of the murder later that year.

For more than a year, Gustafson’s friends and family worked to gain support for a state law that would require violent felons to register with the state. The group has actively been working to develop laws in both Minnesota and Wisconsin. Their goal is to prevent the kind of tragedy that resulted in Leah’s death.

Their effort was rewarded when Suder introduced the “Leah’s Law” legislation Nov. 6, which would create a searchable violent offender database and information system, similar to the Wisconsin Sex Offender registry.

State Rep. Frank Boyle, D-Superior, is co-sponsoring the bill.

“It has great bipartisan support, and I think we’re going to be successful in dealing with it in the Assembly,” he said. “The bill is on track and has an excellent chance.”

A public hearing has been held on Leah’s Law, and the next step is for the bill to be brought forward to the floor.

It would require the Department of Corrections to create and maintain a Violent Offender Registry Web site, which residents could access over the Internet.

Murderers, violent abusers, batterers, arsonists, hostage takers, kidnappers, and carjackers would be required to register with the department following their release from prison.

December 31, 2007 Daily Telegram (Superior)

 

Criminal database sought

By Jeff Starck
For the Journal

An Abbotsford lawmaker wants to create an Internet database that would identify the state's most violent criminals, but an area lawmaker and police chief want more information before giving their full endorsement.

Rep. Scott Suder, R-Abbotsford, introduced legislation this week to create a violent offender registry that would include people convicted of first- and second-degree homicides, violent battery, arson, kidnapping and other serious crimes.

The bill, Leah's Law, is named after Leah Gustafson a Superior woman who was murdered by her neighbor last year. Gustafson's friends and family members have collected signatures from residents in Wisconsin and Minnesota to advocate the creation of the registry in each state.

"The public has a right to know where violent criminals are living and the type of crime they committed," Suder said.

Leah's Law would create a registry similar to the state's sex offender registry, Suder said. Violent felons would be required to remain registered for 15 years after their release from prison, and offenders from other states also would be required to register, Suder said. A final draft of the bill is still being crafted, a Suder spokesman said.

State Rep. Donna Seidel, D-Wausau, said safety always has been an important issue to her, dating back to her days as the Marathon County Clerk of Courts and in law enforcement, but the benefits must outweigh the cost to implement and maintain the program.

"We have spent millions on the sex offender registry, and I'm not sure if there is any data that shows that has been effective," Seidel said. "Until we know that, I'm pretty reluctant to put more millions into something that may not have the benefits some people hope for."

Wausau Police Chief Jeff Hardel said the registry would need to be enforceable, and the state already struggles to track sex offenders as they move.

"Any laws or regulation to help keep citizens safe or prevent people from becoming a victim, I will support, but not knowing the details and how it will work out, it may be tough," Hardel said.

Steven's Point Journal

Leah’s Law’ gains momentum

Shelley Nelson The Daily Telegram
Published Saturday, March 03, 2007

 

MADISON — Melinda Cooper is facing surgery.

Exactly how she’s going to get through it, she doesn’t know.

After all, the friend who stayed with the mother of three in the hospital — the friend who picked up a rose and ice cream cake, then spent most of the night watching TV and talking to Melinda when she spent her birthday bed-ridden after her last surgery — won’t be there this time.

Attacked in her own apartment by a neighbor she barely knew, Leah died in a brutal attack friends and family believe she could and would have protected herself from if she had known the long, violent history of her neighbor, Jason Richard Borelli.

Borelli was convicted of Leah’s murder.

“I just pray that another family doesn’t go through this because this is the worst pain I think I’ve ever experienced in my entire life,” Melinda said Wednesday, after two days lobbying support from state lawmakers and officials for a law she hopes will save others from experiencing a similar tragedy.

The journey.

For nearly a year, Leah’s friends and family have worked to gain support for a state law that would require violent felons to register with the state.

Their goal is to prevent the kind of tragedy that resulted in Leah’s death last year.

“I think what bothers us … this is a random type of violence,” said Richard Gustafson, Leah’s father. “I mean she didn’t know the guy. He was a guy who happened to be living across the street. And what strikes us as particularly horrible is that it was unprovoked, senseless ... this person’s long history of violence and abuse and long record, and seeing it end in such a tragedy is — we feel we have to do something.”

“(We) can’t make sense of it,” said his wife, Leah’s stepmother, Sarah Gustafson.

It’s that senselessness that has motivated family and friends to turn their pain into something that could prove to be Leah’s legacy, a law that would require violent offenders to register in a way similar to Wisconsin’s sex offender registry.

“If this law was in effect she could have somewhat protected herself and she would have,” said Kelly Ziebell, a friend who lobbied in Madison this week to begin creating a new law. “She could have tried to — safer locks on the door, for sure ... she would have been a lot more cautious.”

Eventually, the law could include a registry people can access through the Internet and notification to citizens when a violent offender moves into the neighborhood, said Sharon Gustafson, Leah’s mother. The group would also like to see prosecutors refrain from plea bargaining misdemeanor convictions for felony violent offenders.

After all, Borelli had convictions for numerous violent offenses, but had never been convicted of a felony — in spite of an assault on a Rice Lake woman he didn’t know — until he was convicted of Leah’s murder. Plea bargaining with prosecutors in several Wisconsin counties reduced felony offenses to misdemeanor convictions.

The group is focusing their energy first on development of an Internet-based registry.

“If we’re successful, there will be lives saved,” Sharon said.

Political realities

Leah’s friends and families have no illusions about what it will take to change the law, but they remain buoyed by the support they’ve received so far.

Even before Leah’s friends and family reached Madison this week, Rep. Scott Suder, R-Abbotsford, had started to craft a bill he plans to introduce this session. After meeting with the Republican Assemblyman, the bill was scaled back to more palatable bites the group is optimistic will pass through the Senate and Assembly and be passed into law with the governor’s signature.

The bill has garnered the support of Rep. Frank Boyle, D-Summit, who championed mandatory arrest for violent domestic offenders early in his political career.

This bill is just an extension of that work, Boyle said Tuesday night, confident the bill would gain support from Democrats and Republicans alike.

“As a society, we have to deal with violent offenders,” Boyle said, adding that “Leah’s Law” is one of the tools citizens can use to protect themselves.

However, friends and family know support for the new law isn’t unanimous, even among local lawmakers.

Sen. Bob Jauch, D-Poplar, was understanding, but he wants us to take our time on it and make sure the law works, Kelly said. There are financial implications with a new program that would track felony violent offenders and the northern lawmaker has concerns about the potential cost and benefit that could be gained from the registry.

“He is committing himself to listening, talking and learning,” Sharon said of Jauch’s uncertain support.

There have been no long-term studies to determine if sex offender registries are effective in protecting and serving the public.

Wisconsin’s sex offender registry costs the state about $5 million to maintain and a violent offender registry could be a bigger project to take on, Richard said. He said with the sexual offender database already in place, he is hearing that launching a violent offender database may not be as difficult to develop as the sex offender registry was when it was implemented.

Gaining momentum.

Friends and family of Leah Gustafson, however, remain confident that there message is being heard in Madison.

With the support of legislators like Suder and Boyle, the group is confident they will accomplish legislation one step at a time to achieve their goal, one that prevent others from facing the heartache they’ve experienced for more than a year.

Alissa Wild said in talking to people in Madison this week, she’s gained commitments to sign the online petition, and she is hopeful word will spread. Alissa doesn’t spare a chance to pass the word along.

“We needed somewhere to send the pain; we had to make something good come of this,” Alissa said.

Superior Daily Telegram

 

States create more registries to track, deter criminals

MADISON, Wis. (AP) -- Police found 29-year-old Leah Gustafson in a pool of blood in her apartment last year. Next to her was her collector sword. She'd been stabbed through the heart.

A blood trail led police in Superior, Wis., to an apartment across the street, where her killer, Jason Borelli, had just gotten out of the shower. Borelli got life in prison.

"This is something nobody else should go through," said 32-year-old Kelly Ziebell of Superior, Gustafson's friend since high school. "It feels like an empty hole without her."

Motivated by the murder, Ziebell and others who knew Gustafson have spent the past year pushing lawmakers in Wisconsin and Minnesota to join a growing a number of states that have created a variety of databases to let the public know the whereabouts of criminals.

Modeled after the ubiquitous sex offender registries, the new online databases tell users whether the person mowing the lawn next door ever cooked methamphetamine, kidnapped a child or killed somebody.

Supporters say people deserve to know whether they might be in danger.

"That would make people more cautious about who their neighbors are," Ziebell said.

Critics counter the expanded registries are as flawed as those devoted to sex offenders. They make politicians look tough on crime, but trample privacy rights, set up registrants for harassment and do little good.

"It's another example of people, quote, trying to get tough on crime when they should get smart on crime," said Michael Iacopino, a member of the National Association of Criminal Defense Lawyers' board of directors. "Legislatures didn't have the spine to basically say, whoa, what's the outcome of these community notification provisions?"

Every state has a sex offender registry. With them have come lawmaker proclamations that they are cracking down on the worst of the worst - as well as complaints of harassment and stories of offenders unable to find a neighborhood that will accept them.

More states are taking the registries further, tracking a wider swath of convicts.

Montana, Florida, Kansas and Oklahoma track violent offenders.

In 2005, Tennessee created a registry for convicted methamphetamine manufacturers. Last year, Minnesota and Illinois followed with their own meth registries.

And in August, Ohio allowed judges to decide whether to place someone found liable for assault or battery in a child sexual abuse case on a registry.

The registries generally include names, photographs, addresses and convictions.

Tennessee's meth manufacturer registry lists about 550 people. It got 500,000 hits in its first six months, said Jennifer Johnson of the Tennessee Bureau of Investigation.

Tennessee state Rep. Charles Curtiss, D-Sparta, said landlords deserve to know whether they're renting to someone who could revert to old ways and build a lab that drives down property values or exposes people to hazardous chemicals.

"If they make meth inside of a dwelling, it's a tremendous expense to clean it up," Curtiss said. "The public's rights outweigh an individual's rights."

Wisconsin state Rep. Scott Suder, R-Abbotsford, is drafting legislation to set up a violent offender registry at the urging of Gustafson's friends. Its fate is unclear - Republicans control the Assembly, but the bill could run into trouble in the Democrat-led Senate or with Democratic Gov. Jim Doyle. The state's sex offender registry alone costs about $1.9 million annually.

Still, Suder wants a database that would include murderers, kidnappers, arsonists and terrorists.

"If you've committed a serious, violent offense of this nature, I think, frankly, you deserve to be on a registry and that's the price you pay," Suder said. "It's simply saying the community has a right to know what they did."

Kyle Smith is deputy director of the Kansas Bureau of Investigation, which administers that state's sex offender and violent offender registries. He said the registries deter criminals from re-offending.

"Does it actually do some good? I suspect it does," Smith said.

But critics argue police already have systems to check criminal backgrounds. What's more, they say, most violent offenders don't get out of prison for decades and chances are slim they'll reoffend.

Research on sex offender registries' impact on repeat offenses is limited, since they must be tracked over years, said Charles Onley, a researcher at the Center for Sex Offender Management in Silver Spring, Md.

The number of rapes in three of 10 states with registries dropped from 1990 to 2000, according to a draft study by criminologists at the University of Arkansas-Little Rock, an independent research firm and the University at Albany State University of New York. But the study concluded registration and notification had no influence on the number of rapes committed in the states as a whole. The study has yet to be published.

Wisconsin's Suder acknowledged a violent offender registry may not have saved Gustafson. Her killer's lengthy rap sheet included several disorderly conduct charges, but it's unlikely they would have landed him on a violent offender registry.

"It certainly may not have solved or prevented what happened to Leah Gustafson," Suder said. "But I think the more community notification and awareness the better, particularly when it comes to these serious, violent offenses."

 ASSOCIATED PRESS

Leah's Law gains momentum for legislation

posted: 01-14-07

A vicious murder by a neighbor of a Superior woman is mobilizing a push for legislation that would alert people if a convicted violent felon is moving into the area. Mike Simonson reports.

The law would be based on notification when sex offenders locate in a neighborhood. It's called "Leah's Law", after Leah Gustafson was murdered by the guy across the street. Jason Borelli knocked on her door early one morning a year ago saying he needed help. She let him in, he beat her and stabbed her with a collector's sword. In his state of the city address this month, Superior Mayor Dave Ross says Gustafson wouldn't have opened her door had she known the criminal history of Borelli. "Neighbors have the right to know when repeat, violent felons are living near them. Our hope is that we can make this a reality in Wisconsin this year." Douglas County Prosecutor Dan Blank was able to get a life in prison sentence with no chance of parole against Borelli. As for Leah's Law, Blank thinks the cost and other obstacles would make it unlikely. But he likes the concept in this case. "It just looks like a guy with 25 prior convictions, and as violent as this offense was with apparently no remorse. He's the kind of person, no matter when they have their freedom, they'll either not take their prescriptions or access drugs and alcohol and be a severe risk for more violence, if not murder. So I think it's the only way to protect the public." Gustafson's family is expected to make a compelling case lobbying for Leah's Law which already has a sponsor in the state Assembly.

 

This was found on 91.3 KUWS, click to view page.

Leah's Law

A murder case of UW-Eau Claire alum from Superior is mobilizing some to rally behind a bill sponsored in the state assembly.

It would require alerts if a convicted violent offender moves into a neighborhood.

"Leah’s Law" is named for Leah Gustafson, who was murdered by a neighbor. A year ago, Jason Borelli knocked on her door saying he needed help, and then stabbed her.

Gustafson's family is lobbying for the law, which would be similar to the law requiring notification of convicted sexual offenders released into a community.

posted on: WEAU website

Groups Wonder About Leah's Law Impact

Reporter: Dave Sleater

A petitioning group from superior has been collecting signatures since 29-year-old Leah Gustafson was brutally murdered last January. Police say her murderer is a convicted felon with a history of violence. He convinced Gustafson to let him into her house before stabbing and choking her to death. Arline hillestad works with victims of domestic abuse in wood county and is a member of the govenor's council on domestic violence. She says while the group has good intentions, deciding who should go on the registry could be difficult.

"There's some real pro's about this that we would start to identify offenders. But what degree is that person indentified? Is domestic violence a charge," said Hillestad.

Creators of Leah's Law say the registry would closely resemble the states sex offender registry. This would mean anyone who is a repeat violent offender would have to alert neighbors of their presence. It would also mean increased monitoring by police.

"What would it look like if its violent offenders? It seems that the number could be so large that its not managable and then if its not namagable people have a false sense of security," said Hillestad.

Hillestad says in Wood County, police average 21 arrests just for domestic violence per month. Supporters of Leah's Law say they hope to have the new law passed by 2008.

posted on: WSAW website

Enact Leah's Law To Help Prevent Another Tragedy

The trial, conviction and sentencing of Jason Borelli spotlights a fact we'd all prefer wasn't true: There are some people who, despite the best efforts of the legal and social service systems, will avoid rehabilitation efforts and commit horrendous crimes.

Thirty-two-year-old Borelli was sentenced last Wednesday to life in prison without parole for the Jan. 7, 2006, murder of Leah Gustafson. Since age 17, he had accumulated 25 convictions - which included numerous charges of battery, resisting an officer, violating restraining orders and disorderly conduct. Charges that began as felonies were reduced to misdemeanors.

An obvious reaction is to say he should have faced incarceration long ago, to which there's some truth. But court records clearly indicate there are lots of Jason Borellis in the world; there just isn't enough prison space for all of them.

Another sad fact: Many of those criminals have similar backgrounds. They were abused as children. Suffering from the resulting psychological disorders, they turn to substance abuse, further degrading their lives. Some are unable to get the costly prescription medications that would help. Others refuse to take them, or they take them along with alcohol and/or illegal drugs - thwarting society's best efforts to reverse their downslide.

These factors serve as an endorsement of Leah's Law. If adopted by the Wisconsin Legislature, this proposal would allow authorities to warn the community when a ticking time bomb resides among them, ready for a violent explosion. Had this law existed a year ago, Leah Gustafson might have known that such a dangerous person lurked just across the street.

No doubt, it will be costly to create this warning system. But the cost will be far less than alternatives. Society can't permanently lock up every Jason Borelli. Yet while protecting the rights of potential killers, we can't ignore the right to live in safety that we all deserve. Leah's Law won't bring Leah back, but it's an appropriate way to honor and remember her by protecting other innocent, good-hearted individuals. -

THE DAILY TELEGRAM, Superior

Jason Borelli Gets Life Sentence For Murder Of Leah Gustafson

Jan 10, 2007 - Posted: 8:27 p.m. - Jason Borelli will spend the rest of his life behind bars for the death of superior resident Leah Gustafson.

Borelli was convicted of first degree murder in November and a jury rejected the insanity defense.

Today a judge ruled that he will not be eligible for parole.

Rachel Slavik has the story.

"Given his poor character and attitude I believe he should be sentenced to life in prison without being eligible for extended supervision."

A sigh of relief for friends and family of Leah Gustafson.

Her killer, Jason Borelli sentenced to life in prison without parole for her stabbing death at her superior home January 7th 2006.

"I didn't want anyone else to go through this it needed to end now."

"We feel very relieved we feel justice has been done."

During the sentencing hearing, Leah's parents and friends described their loss in their victim impact statements; everyone asking for Wisconsin's toughest punishment.

But on the other side of the courtroom, friends and family of Jason Borelli pleaded with the judge to give him the opportunity for a second chance saying he had changed.

To show his new attitude Borelli himself apologized to his victims family.

“I am sorry I'm very sorry that this is happening I'm not putting the blame on anyone but me.”

“The whole trial we watched him he showed no remorse no sympathy to us we thought it was a grand standing event his last to avoid life without parole.”

The apology didn't help Borelli skirt the sentence and his lawyer says Borelli is entering a prison system that is already filled with people with mental disabilities who do not get the correct treatment, which could have been a possibility with parole.

“The trouble with employing any extreme it leaves no room for anything else.”

Now as one man begins a life inside prison walls another family sees that as justice and can begin to heal.

Borelli's lawyer has 20 days to file a notice of intent to appeal.

Borelli will now move to the corrections facility in Waupun to undergo an assessment to find out where he will spent he rest of his life.

At the Douglas County courthouse, Rachel Slavik the northland's NewsCenter.
KBJR TV 6.

Man gets life sentence in sword slaying

BY MARIA LOCKWOOD, SUPERIOR DAILY TELEGRAM,
Published Thursday, January 11, 2007

Before a packed courtroom in Superior on Wednesday, Judge Michael Lucci sentenced Jason Richard Borelli to life imprisonment with no eligibility for parole for the brutal slaying of Leah Gustafson.

On Nov. 2, a jury found Borelli, 32, of Superior guilty of first-degree intentional homicide after a weeklong trial. Jurors also found he was not suffering from a mental disease or defect at the time of the murder.

Borelli was charged with first-degree intentional homicide after he was found with bloody evidence in his home, across the street from Gustafson’s, shortly after the killing early Jan. 7, 2006, in her apartment.

The two were acquainted, but had no relationship. Borelli, who had a history of violent crimes, pleaded not guilty by reason of mental defect.

The sentence was met with audible relief from Gustafson’s friends and family. Gustafson, 29, of Superior was strangled, bludgeoned and then stabbed to death with a samurai-style sword, which she collected.

“We feel justice has been served,” said Richard Gustafson, Leah’s father. “Our desire was to see Leah’s murderer behind bars forever.”

Gustafson was one of a dozen people who spoke to Lucci before sentencing in Douglas County Circuit Court. Family and friends told the judge about how luminous, vibrant and compassionate Leah Gustafson was.

“I was so proud to be her mother,” Sharon Gustafson said. “I have a heart full of memories of a charming little girl” who grew to be a beautiful young woman.

Melinda Cooper recalled the everyday occurrences that became extraordinary when Leah was involved — from fishing to watching a movie.

“What I wouldn’t give to see her one more time, one more hug” she wrote in her statement.

Richard Gustafson recalled the last hug he got from his daughter after a Christmas party.

“She always had a ready smile and kind word,” he said.

Borelli “handed down a life sentence to Leah’s family by forcing them to live without her,” said Susan Hendrickson, Leah’s step-aunt.

Family and friends of Borelli also spoke, many crying. They expressed their sympathy for Leah’s friends and family.

“I just pray that God gives strength to everyone to get through this one day at a time because it’s not easy for any of us,” said Borelli’s mother, Conchetta Khalar.

Borelli, 32, told the courtroom he has come to know God, and that with medication, he is now a different man than.

“I’m moving in a positive way,” he said. “I’m finally getting the help I need.” Standing before the courtroom, he said he prayed every day for Leah’s family.

Lucci was not swayed by the defendant’s statements.

“Other than what he expressed here today, it’s been difficult for the court to detect during the course of trial any remorse,” he said. Borelli’s attitude, instead, was one of cold indifference and even cockiness, Lucci said.

He pointed to Borelli’s long history of convictions for misdemeanor charges — 25 convictions since age 17, including two for battery, six for theft and four for resisting an officer.

“Mr. Borelli’s pattern of anti-social behavior is among the worst the court has ever seen,” Lucci said. “Unfortunately, he doesn’t learn by his mistakes.”

Based on his record, the judge said, there is no reason to believe he will stop committing crimes.

Borelli’s attorney, Chief Public Defender J. Patrick O’Neill, said he will review appeal options.

“In a case of this magnitude, appellate issues are always explored,” he said.

District Attorney Dan Blank said he was impressed with Leah’s family, who attended all court procedings, and with the work of Superior police officers who located and arrested Borelli within hours of the crime.

As for Leah’s family, Wednesday’s sentencing gave them closure and a place from which to move on.

“This is part of the healing process,” said Richard Gustafson.

But the conclusion of the court proceeding will never bring back the daughter the Gustafsons lost.

“I expected to feel more jubilant,” Sharon Gustafson said. “I just feel relief.”

Maria Lockwood covers public safety.

Borelli Sentenced To Life

It's life in prison for Jason Borelli.  He's the man who killed Leah Gustafson with her own collector's sword, early last year.  Before the sentence was handed down.... Emotional statements were heard from members of both families. 

Several members of the Gustafson family fought back tears...as did those closest to Jason Borelli. And even the killer himself. Borelli said, “ what i want to say to the family...Richard, Sharon...i am terrible sorry for your loss...it haunts me every day to know your precious daughter was taken by my hands." but all his apologies couldn't save him from a life sentence...

And now, with more than a year passed since Leah's brutal death, her family says justice has been served...and that it's finally time to move on. Richard gustafson, the victim’s father said, “based on all the evidence, this is what that person deserved...life behind bars without parole."

With the help of superior mayor David Ross, the Gustafson family will go to the legislature this year.  They will ask for a law that would require repeat violent crime offenders to register with the state. WDIO (DULUTH)

Superior Mayor Dave Ross Gives State Of The City Address

Jan 09, 2007 - Posted: 9:15 p.m. - Superior Mayor Dave Ross announced major changes at his state of the city address on Tuesday.

Kellie LaVoie was in Superior and has more on this story.

During the speech, Mayor Dave Ross talked about accomplishments in the past year, including the creation of jobs because of new developments in Superior.

He also talked about plans for the future, including a significant change to the general fund debt.

“This year I will be bringing forth a plan to eliminate all general fund debt in 12 years. The debt reduction will be accomplished by applying the terminal tax to our debt obligations and in turn, the debt savings will fund an account to increase our effort in economic development in Superior.”

He focused on challenges the city faces in 2007, including a storm water utility.

“This is an unfunded federal mandate, which requires every community to address storm water run off. Our goal is to bring a budget to the council that is least costly to taxpayers, but fulfils our obligations.”

Mayor Ross says he'll travel to Madison this year to fight for the Leah Law.

Leah Gustafson was murdered in her home last January.

Ross recognized Leah's family and friends during Tuesday's speech.


“With the help of Representative Frank Boyle, we will be going to Madison to ask the Wisconsin legislature to enact a felony registration in Wisconsin. This law would be similar to the sexual offender law already on Wisconsin's books.”

The Mayor also recognized two servicemen who died while fighting for "Operation Iraqi Freedom", honoring and remembering their bravery.

“Lance Corporal Adam Van Alstine, 21 years of age, was a member of the U–S Marine Corps, and Corporal Kenneth Cross, also 21 years of age, with the U–S Army. I know I speak for the community when I tell you that we hold these sons in our hearts.”

Hundreds of people gathered on the UWS campus to hear what the Mayor had to say about Superior's future.

He was proud to announce the administration will spend about one million dollars on sidewalk improvements, a landmark amount for the city.
KBJR TV 6.
 


 

Juror In Borelli Murder Trial Talks About Conviction

Nov 06, 2006 - Posted 9:00 a.m. - Jury duty is a civic responsibility that we may all face at one point in our lives.

Last week 12 people made a decision they most likely never thought they'd have to face: convicting Jason Borelli of 1st degree intentional homicide in the death of Leah Gustafson, and rejecting the insanity defense.

Dan Hanger talked with one of those jurors, Alan White, on Sunday.

"I feel differently,” said White. “I don't know if it is permanent. I know it's going to be a very long time before I stop waking up in the morning, thinking about that trial."

Alan White, 58: one of 12 jurors who convicted Jason Borelli with the murder of 29–year–old Leah Gustafson.

White says his emotions were intense when hearing the testimony and graphic evidence in court.

"I had to get through that before I could start to evaluate step by step the evidence and the question we had to answer."

White says he put an enormous amount of pressure on himself after learning how big the case was and how his final decision would affect the victim's family and defendant.

"I wanted to try to separate how I was feeling from the testimony that was given, and some of the evidence in the testimony made that very difficult."

He got through it, convicting Borelli of first degree intentional homicide.

But it was the decision on whether to accept or reject an insanity defense that was more difficult.

White says it's was Borelli's own testimony that helped him reach a verdict.

"He had perfect recall about the things he testified leading up to the attack, everything after the attack going back to his apartment."

White stands by his decision and is taking away a much greater appreciation for the court system, law enforcement and especially for jurors.

"It's easy in the coffee shop to Monday morning quarterback anything, uh, it's a totally different story when you are sitting there and you are the one that has to cast the vote."

White didn't want to speak for the other 11 jurors on their thoughts during the trial.

But the decision to convict Borelli and reject the insanity defense was unanimous.
 
NorthlandsNewsCenter.com Local News - Juror In Borelli Murder Trial Talks About Conviction

Jurors say killer was sane

After a week of silence, Leah Gustafson’s family and friends let out a collective “Oh” and a fall of tears when jurors gave their final verdict Friday in the murder trial of Jason Richard Borelli.

Their decision: Borelli, 32, was not suffering from a mental disease or defect on the morning of Jan. 7 when he choked, bludgeoned and stabbed Gustafson to death in her Superior apartment.

The verdict ended the two-phase trial, in which Borelli was found guilty of first-degree intentional homicide Thursday.

“For the family, and for law enforcement and prosecution, that’s a dream come true, to get the verdicts that we got here,” said Douglas County District Attorney Dan Blank.

Every day this week, family and friends gathered in the Douglas County Circuit Courtroom to sit through hours of sometimes graphic testimony.

It was, said Leah’s father, Richard Gustafson, the second worst week of his life. The worst week was when his daughter was killed.

“Day after day of the defendant sitting probably 20 feet from us was very, very difficult,” he said.

But, it was worth it, said Sharon Gustafson, Leah’s mother.

“We wanted this trial because we wanted Leah’s story to be told,” she said. “She was a beautiful, wonderful, precious young woman. We loved her with all our hearts.”

With the second verdict given and sentencing set for January, the family has more closure than before.

“There’s a sense of responsibility completed,” said Sharon Gustafson. “This is what we had to do for her.”

“It’s the outcome we were hoping for all along,” said Leah’s stepmother, Sarah Gustafson.

Blank said the state had a strong case, but he had nervous moments during the week.

“Nothing’s black and white and open and shut,” he said.

The biggest wrinkle in the trial for Blank was when the jury was instructed to consider a charge of second-degree homicide if they could not agree on the first-degree charge.

“I think that it’s hard to think that people could do such terrible things,” he said. “I wouldn’t have been shocked if they found the second-degree intentional.”

Chief Public Defender J. Patrick O’Neill, who represented Borelli, said he was not surprised by Friday’s verdict, but he was disappointed. Every single witness, even the state’s witness, said Borelli was mentally ill, O’Neill said.

“In my opinion, the community would be much, much better served by having Jason in a mental hospital where he would be treated,” he said. If he and others with similar mental health problems were treated, evaluated and studied, O’Neill said, future tragedies could be prevented.

“What he did was horrific, but it’s going to happen again and again until we can get a handle on an effective way to intervene,” he said.

Sentencing in the case will take place Jan. 10. While the penalty for first-degree intentional homicide is life imprisonment, it will be up to Judge Michael Lucci to decide how long Borelli will stay behind bars.

The Superior man could be eligible to apply for extended release in as little as 20 years, Blank said. He could be given eligibility at any number of years over 20 or the sentence imposed could be actual life imprisonment.

“I plan to recommend life means life,” Blank said. “I can’t imagine a worse crime.”

Gustafson’s family, who left the courthouse to gather for dinner together, agreed.

“We’re hoping he gets the maximum amount of time in jail which is life without parole and then we’ll be truly satisfied, I guess, with the outcome of this case,” Richard Gustafson said. “We don’t want this individual out again having the opportunity to kill another innocent.”

Sentencing will bring closure to Gustafson’s family, but not an end to their pain.

“Now we just have to learn how to live without her,” said Sharon Gustafson, her eyes welling with tears. “That’s the hard part.”

· The Daily Telegram ·

Borelli Trial Comes To An End

Nov 03, 2006 - Posted: 10:49 p.m., SUPERIOR - The final verdict is in, and the Jason Borelli trial is now over.

The jury rejected the insanity defense Friday evening after finding him guilty of 1st degree intentional homicide.

Rachel Slavik tells us how the family is coping.

"At the time the crime was committed did the defendant have a mental disease of defect? The answer, 'no.'"

It's the verdict that family and friends of Leah Gustafson have been waiting to hear since she was found beaten and killed in her Superior home.

Jason Borelli is guilty of first degree intentional homicide and a decision that he was mentally competent at the time of the crime.

"We prayed our heads off that God would give us this verdict and He has and we're extremely grateful."

"Having the verdict and justice rendered for our daughter is so important for us and lifted our spirits."

That verdict came despite Borelli's testimony Friday of a troubled past that included child abuse, drug use, and several trips to psychiatric hospitals.

"There was no question from any of the evidence that was presented but he was mental ill but the jury says no he was not."

"It's just plain a horrible crime and there's mental health issues rough childhood it's tragic but he's criminally responsible and that's what the jury said."

In the end it was the evidence, a samurai sword, bloody clothes, taped recordings and the testimony from dozens of witnesses that led the jury to their decision.

"I knew that she had suffered. I knew she had, but to hear it was painful."

And now a family is left to pick up the pieces and remember a young woman who touched so many.

"She looked past the surface and saw the real you inside and that's why her friends loved her so much."

There's still the sentencing portion of the trial to complete that's set for January.

That's when Jason Borelli will find out if he will spend the rest of his life in prison.

In Superior, Rachel Slavik, the Northland's NewsCenter.

 
NorthlandsNewsCenter.com Local News - Borelli Trial Comes To An End

Borelli: ‘I had no idea why I went there’

Maria Lockwood The Daily Telegram
 

The man who murdered Leah Gustafson shared pieces of his past with jurors in Douglas County Circuit Court today.

Jason Richard Borelli, 32, was found guilty of first-degree intentional homicide 1 1/2 hours after the jury went into deliberations Thursday. Testimony given Thursday afternoon and this morning focused on responsibility.

The jurors must decide whether Borelli was mentally responsible for his actions at the time the fatal stabbing occurred — whether he was suffering from a mental disease or defect at the time and, if so, whether he could realize his conduct was wrong or control it.

“Because of his mental illness, he was simply not able to stop himself from doing what occurred,” Chief Public Defender J. Patrick O’Neill said in opening statements Thursday.

District Attorney Daniel Blank said although a psychiatrist found Borelli suffers from partial post-traumatic stress disorder and antisocial personality disorder, “he knew right from wrong.”

The jury’s answer will not affect the sentence length, but where it will be served — prison or a hospital.

“What this is, is an issue of geography,” said O’Neill.

He introduced a number of witnesses. Borelli’s sister and aunt fought back tears as they told the jury of his difficult childhood, his hospitalizations and a family history of both alcoholism and schizophrenia.

Borelli has always suffered from mood swings, said his sister, Angela Khalar. She said medication helped keep his mood more mellow and consistent.

“When he was off medications he was in a black mood,” said Borelli’s aunt, Kelly Olson.

“If I wasn’t on my medications I would end up in jail quite a bit,” Borelli said on the witness stand.

He said he had been taking a combination of drugs that seemed to help, which were provided through a government program. When the program changed its income guidelines in March 2005, however, he could not afford the $400 a month for the prescriptions.

Borelli testified he was granted social security benefits due to mental illness in September.

Blank pointed out that Borelli had highs and lows both on and off medication. Job performance was not dependent on his access to medications, Blank said, because he had received a promotion at work in December 2005.

Borelli spoke about his childhood, failed suicide attempts, child custody issues and events the morning of Jan. 7, when he killed Gustafson. Borelli said he had been drinking at CC Tap’s bar and had taken crack cocaine twice during the evening. A friend dropped him off at his apartment, 1901 John Ave., after bar closing.

After going out to buy another pack of cigarettes, Borelli said he came home, undressed and sat in his room listening to music and thinking about his situation.

Then he got dressed, opened his desk drawer and grabbed a steak knife, which he stuck in his sweatshirt pocket. He walked across the street and rang two doorbells, Brandi Johnson’s and Leah Gustafson’s.

“I had no idea why I went there,” he said, or why Gustafson let him in. Borelli said he walked upstairs into her apartment and she followed him. They sat down on the couch and Borelli remembered saying something to Gustafson about a remark Johnson had made. Then, he said, “I pulled out the knife and I started stabbing her.” He said he “must have snapped. I remember seeing red, just red.”

Borelli said he has few memories of the attack — his hands around Gustafson’s neck, his hands covered in blood and a sword in his hand. He remembered showering off the blood in his bathroom after running home and chanting in his mind, “What the f--- did I do?” over and over again.

Stacey Lopez, a friend of Borelli’s, said she had seen him go off on verbal rampages about a child support case and not being able to see his children. She said she had never seen him get physically violent, not even when a man walked up to him in a bar and slapped him.

When Blank asked him if he had the ability to walk away from confrontations, Borelli admitted he did.

One last witness — a psychiatrist who interviewed Borelli for the state — is expected to testify today before the jury reaches a verdict.

Maria Lockwood covers public safety. The Daily Telegram ·

Borelli Found Guilty
Nov 02, 2006 - Posted: 8:40 p.m. - A jury has found Jason Borelli guilty of murder.

Borelli was charged with first degree intentional homicide for killing Leah Gustafson back in January.

Rachel Slavik has more on today's court proceedings.

It took jurors less than two hours to decide that Jason Borelli is guilty of killing Leah Gustafson.

The decision comes after two days of testimony from 15 witnesses and two powerful closing arguments.

"He intentionally strangled Leah Gustafson. He intentionally bludgeoned her repeatedly. He intentionally stabbed and killed her with a sword."

"There is, in fact, a mountain of evidence. But that mountain does not answer the question... 'Why?'"

The trial now moves to the mental health phase and the jury will consider two questions: Did Borelli suffer from mental illness at the time of the crime?

And, if they answer "yes," then they'll decide if his mental illness prevented him from realizing the crime he committed was wrong.

"Even though he still merits being locked up and controlled that would be in a locked hospital facility and that's what we are asking."

"I'll suggest to you, ladies and gentleman, you'll be in a position not only to reject that Mr. Borelli had a disease or defect at the time, but if you find he did, that he was responsible for his conduct."

The defense called two of Borelli's family members who described his history of mood swings…mood swings that had him at extreme lows in the weeks leading to the murder.

"He was very depressed talking about suicide on several different occasions."

Jason Borelli is expected to take the stand Friday in this portion of the trial. In the guilt phase, he declined to take the stand.

In Superior, Rachel Slavik, the Northland's NewsCenter.

The jury's next decision will mean either life in prison or a mental institution for Borelli.
 
NorthlandsNewsCenter.com Local News - Borelli Found Guilty

Borelli Guilty In Sword Slaying

BY MARIA LOCKWOOD

SUPERIOR DAILY TELEGRAM

Within 90 minutes after they began deliberating at noon Thursday, 12 jurors found Jason Richard Borelli guilty of first-degree intentional homicide.

With the guilty verdict returned, the trial now will enter a second phase during which the jury will decide if Borelli was responsible for his actions based on the mental disease or defect plea.

“You are not to search for doubt,” Douglas County Circuit Court Judge Michael Lucci told the jurors before they began their deliberations. “You are to search for the truth.”

Borelli, 32, of Superior, faced the charge for the Jan. 7 stabbing death of Leah Gustafson in her apartment at 1910 John Ave. She was found dying in her apartment, beside her a samurai sword believed by police to be the murder weapon. A trail of evidence led officers across the street to Borelli’s residence, 1901 John Ave.

In March, Borelli pleaded not guilty by reason of mental disease or defect.

A twist was thrown into the deliberations by Chief Public Defender J. Patrick O’Neill, who represents Borelli. If the 12 jurors can’t unanimously agree on the first-degree intentional homicide charge, they were told to consider whether Borelli is guilty of second-degree intentional homicide, a Class B felony that carries a maximum penalty of 60 years. The penalty for first-degree homicide is life imprisonment.

For the charge to justify first-degree homicide, Lucci told the jurors, it must be proven the victim did not provoke the defendant. O’Neill argued the multitude of injuries — strangulation, repeated blows to the head with a blunt object and stabbing with a sword, all within a two-minute time frame — showed a frenzy or rage on the part of the killer.

O’Neill argued the evidence presented by the state did not adequately answer why the crime occurred.

“The proof was in the conduct,” O’Neill said in closing arguments this morning. “That this was a rage, a frenzy ...”

District Attorney Dan Blank closed by pointing to the “mountain of evidence” in the case. Piled on the witness chair were bloody shoes, clothes and weapons. Pictures of the trail of blood that led Superior Police officers to Borelli’s apartment, across the street from Gustafson’s, were viewed.

Blank referred to Wednesday testimony by state crime lab experts that showed:

Gustafson’s DNA on the shoes and keys found in Borelli¹s apartment, the wad of bloody clothes found in the bathroom of his residence and the tip of the samurai sword believed to be the murder weapon.

Gustafson’s DNA mingled with Borelli’s on the handle of the sword and the boxer shorts officers found Borelli wearing when he was arrested.

Two of the fingerprints on the murder weapon were from Borelliring ’s left middle and left fingers.

Toxicology tests showed Borelli had recently used marijuana and cocaine; he also had a blood alcohol concentration of .093, over the legal driving limit.
· Duluth News Tribune ·

Prosecution Calls Final Witness In Borelli Trial

Nov 01, 2006 - Posted: 10:53 p.m., SUPERIOR - The prosecution called its final witness today in the Jason Borelli trial.

He's the man accused of killing Leah Gustafson.

Nine people, ranging from police officers to a jail inmate of Borelli's, testified for the prosecution.

Rachel Slavik has a wrap–up of today's court proceedings.

The witness stand belonged to Superior police officers during the morning hours on day 3 of the Jason Borelli trial.

The prosecution called officers who not only helped arrest the man accused of killing Leah Gustafson, but those who helped gather evidence...a process that took several hours at the victims home.

"It was in disarray there appeared to have been a struggle. Items knocked over, blood stains on the floor and wall."

More evidence was found near Borelli's house across the street.

Blood on the ground and door knob prompted authorities to search his home where they arrested Borelli and later found bloody clothes and keys.

A DNA analyst who processed the items testified that there was a connection between the keys, clothing, and Gustafson.

"It's my opinion that she is the source of the DNA found on those items."

Other new evidence admitted Wednesday included a videotaped interview of Borelli shortly after his arrest, in which he denied knowing anything about a murder victim.

The prosecution's final witness was a former inmate in the Douglas County jail who was there the same time as Jason Borelli.

He remembers Borelli showing him pictures of Leah Gustafson and describing how she died.

The defense calls its first witness Thursday.

In Superior, Rachel Slavik, the Northland's NewsCenter.
NorthlandsNewsCenter.com Local News - Prosecution Calls Final Witness In Borelli Trial

Blood evidence linked to suspected killer

Maria Lockwood The Daily Telegram
 

The third day of the Jason Borelli murder trial continued in Douglas County Court today with only 13 jurors.

Tuesday testimony by forensic pathologist Janis Amatuzio, accompanied by pictures of the many injuries Leah Gustafson suffered, proved too much for one juror on the 14-member panel. The juror started to feel ill, so testimony was halted for a brief recess. When the jury returned, Judge Michael Lucci said the juror had been excused. Neither District Attorney Dan Blank or Borelli’s attorney, Chief Public Defender J. Patrick O’Neill, objected to the reduction.

Borelli, 32, is accused of first degree intentional homicide for the Jan. 7 death of Leah Gustafson in her 1910 John Ave. apartment. The defendant has pleaded not guilty by reason of mental disease or defect.

Amatuzio’s autopsy photos revealed signs of strangulation, bruising, stabbing and multiple wounds consistent with being hit with a blunt object. She said two broken pieces of statuary were also found in Gustafson’s long, brown hair.

The 29-year-old Superior woman died as a result of stab wounds which caused massive internal bleeding, the forensic pathologist said.

A collectable samurai sword found beside the body had what appeared to be blood on about 9 inches of the blade, Amatuzio said. That was significant, she said, because Gustafson’s body measured 8 inches in thickness at the point where two stab wounds penetrated her torso.

Fingerprints were found on the sword, according to Officer Todd Ayers.

Today’s testimony followed the footsteps of the Superior Police Department as they searched for the murder suspect — from blood spatters in Gustafson’s living room and what appeared to be bloody smudges on the apartment building’s stairway walls to red drops in the snow outside the house.

Officers found what appeared to be blood smudges on the sidewalk beside 1901 John Ave. structure, across the street from Gustafson’s apartment building. According to Officer Michelle Lear, investigators found similar smudges, enough to see a pattern “as if it were footprints.”

More smears of what appeared to be blood were found on the exterior side door of 1901 John, and the handle of the inner door, Lear said.

Sgt. Nick Alexander told the jury he led an entry into the building to ensure its occupants were not in danger and to keep possible evidence from being destroyed. They found one open door on the second floor, which was later found to be Borelli’s room, and met Borelli coming out of the second floor bathroom. He was wet and had on a pair of light blue shorts with what appeared to be a blood stain on the back.

“His eyes were very red,” Lear testified. “You could see scratches around his eyes.” She also noticed a significant scratch on Borelli’s back.

Borelli and two other occupants of 1901 John Ave. were found on the second floor. The other two appeared to have been sleeping, Alexander said, and all three were surprised. He described Borelli’s expression as a “deer in the headlights look.”

Det. Joe Kreig returned to 1901 John Ave. later that day with a search warrant for Borelli’s room and bathroom. Officers found a set of keys and a pair of dark shoes in the bedroom that had what appeared to be spots of blood on them. Bloody clothing was located inside the bathroom vanity under the sink, including a pair of dark pants with white stripes on them and a blood-soaked sweatshirt.· The Daily Telegram ·

Jury hears 911 tapes at murder trial

Maria Lockwood am
Published Tuesday, October 31, 2006

Brandi Johnson could remember calling 911 one time the morning her neighbor Leah Gustafson was murdered, but two tapes from her were played for jurors in Douglas County Circuit Court this morning. The words were hard to make out in the first recording.

“She won’t answer the door,” Johnson told the dispatcher. “She keeps screaming ow, ow, ow ... oh, my ... she’s stabbed, she’s stabbed.”

The second tape was even more difficult to hear, but there was raw emotion in Johnson’s wails.

The recordings left her visibly shaken while Gustafson’s mother, seated in the courtroom, quietly cried into the shoulder of a friend.

Today’s testimony in the jury trial of Jason Richard Borelli started to piece together the events that preceded the Jan. 7 death of Gustafson in her 1910 John Ave. apartment. Borelli, 32, is accused of beating, choking and ultimately stabbing Gustafson with one of her own collector swords.

He was charged in January with first-degree intentional homicide and in March pleaded not guilty by reason of mental disease or defect.

He was arrested when police followed the trail of blood to his house at 1901 John Ave., across the street from Gustafson’s apartment. Police found bloody clothing balled up under a bathroom sink and several other blood smudges in his residence.

Johnson said she remembered seeing Borelli, an acquaintance, at a Superior bar the evening of Jan. 6. As the night wore on, he told her he wanted to straighten up his life, stop drinking and get his children back. When she last saw him, Johnson said, Borelli was “hyper” and offered to walk her home. She declined and went home to her apartment, across the hall from Gustafson’s.

Henry Harkreader, who was a bouncer at the tavern, also recalled seeing Borelli. He remembered him being crabby because he hadn’t been able to pick up a girl.

Early in the morning of Jan. 7, Johnson said, she and Harkreader, who was at the apartment with her, heard their doorbell ring. They ignored it but heard Gustafson’s door open and shut. Soon after, they heard noises in Gustafson’s apartment. At first it was moaning and slapping of skin.

“It sounded like there was a romantic interlude going on,” Harkreader said.

But soon, both testified, Gustafson yelled for help.

“The noises I heard ... you don’t hear them every day,” Johnson said.

Harkreader told the jury it sounded like somebody was getting their head beat against the floor.

The two said they pounded on the door to try to get in, and Johnson called 911.

While they were back in Johnson’s apartment, Harkreader said, they heard everything go quiet, then the door across the hall opened and someone ran down the stairs. Johnson told the jury she looked out her window, which overlooks the street, and saw a person dressed all in black — stocking cap, jacket and dark pants with white stripes down the side — running across the street.

When Harkreader went across the hall, he testified, the door was open and the apartment was in shambles.

“It looked like somebody had literally fought someone tooth and nail in that apartment,” he said.

Harkreader testified he found Gustafson face down with a chair on top of her, a huge gash in her lower back and a matted, bloody face.

She was breathing at the time, he said, but unresponsive. When officers arrived, they couldn’t find a pulse, according to the criminal complaint.

The trial, expected to last all week, has two phases. During the first, jurors will render a verdict on whether Borelli is guilty of murder. If a guilty determination is made, they will decide whether Borelli was responsible for his conduct based on the mental disease or defect plea.

The 14-member jury will not be sequestered, but Lucci cautioned jurors not to discuss the case with anyone, or follow any media coverage.

First degree intentional homicide is the most serious crime in the Wisconsin statutes.\

· The Daily Telegram ·

Trial Starts Monday for Superior Man Accused Of Killing LeahGustafson

Oct 30, 2006 - Posted 9:14 a.m., SUPERIOR - The trial for a Superior man accused of killing a woman with a Samari sword starts Monday.

Jason Borelli, 31, is facing first degree murder charges in the death of Leah Gustafson, 29, in January.

Callie Martell sat down with the victim's father to find out how the family's doing, and what positive changes have come from his daughter's death.

It is a father's worst nightmare: hearing your child has been murdered.

"It's never far from us; it's something thing you don't forget."

And now almost a year later, Richard Gustafson is preparing to watch the man accused of killing his daughter stand trial.

"You sort of have to just steel yourself to get through the testimony and the evidence and that will be difficult for us."

His daughter, 29 year old Leah Gustafson, was brutally murdered last January.

The suspect, 31 year old Jason Borelli, had an extensive criminal history that included battery and domestic abuse, prior to his arrest for murder.

Gustafson says the neighborhood should have been notified that Borelli was living nearby and now Leah's friends and family are working to make a change.

"The law would notify the public in the event that a violent repeat offender, a person with felonies, is released into the community."

It's called Leah's law and if passed, it would give the public access to a violent offender's criminal history and location, similar to the sex offender registry.

"Perhaps if people in the neighborhood realize that such an individual is amongst them, they could take precautions and perhaps call the police when necessary."

Getting the law passed will take time, but Gustafson says they will continue to fight for it.

He says it's the kind of change Leah would have wanted.

"I am sure she would like to know that people in her neighborhood would pose a potential threat to her."

And to help him get through the trial, Gustafson is remembering how precious life is, holding onto the last words they exchanged.

"The last thing she said to me was I love you dad, goodbye. But she always said that, so I am glad she did."

Near Superior, Callie Martell, the Northland’s NewsCenter.

Supporters hope to have the bill presented during Wisconsin's 2008 Legislative Session.

 NorthlandsNewsCenter.com Local News - Trial Starts Monday for Superior Man Accused Of Killing Leah Gustafson

Jurors Chosen For Jason Borelli Trial

Oct 30, 2006 - Posted: 10:36 p.m., SUPERIOR - The trial for the man accused of killing a Superior woman with a samurai sword is underway.

Jason Richard Borelli is charged with 1st degree intentional homicide in the death of Leah Gustafson.

Rachel Slavik was in court for the jury selection portion of the trial and has more.

14 people – 12 jurors and two alternates – hold 32–year–old Jason Richard Borelli's fate in their hands.

Borelli is charged with killing Leah Gustafson, whose body was found badly beaten in her Superior home in January of this year.

“I want to see people that can be fair and understand dynamics of human behavior.”

73 people were brought in as potential jurors.

Both attorneys and the judge questioned people on how much they know about the case and if that would affect their impartiality when deciding on a verdict.

Dozens were excused from jury duty, admitting they already formed a biased opinion.

“The stakes are extremely high. You're talking about if someone is going to potentially spend life in prison or locked in a mental hospital.”

The jury will now listen to the evidence over the course of the next several days.

Since Borelli pleaded no guilty by reason of mental disease of defect, there could be 2 decisions to make.

The first decision is if Borelli is guilty of the crime.

If that's the case, they will then have to decide if he committed those acts because of a mental illness.

“This is not a simple case it's a very serious matter.”

Opening statements took place Monday and both attorneys took about 15 minutes to outline to jurors what they can expect over the next few days.

The prosecution did not want to comment on the trial.

 NorthlandsNewsCenter.com Local News - Jurors Chosen For Jason Borelli Trial

Sword murder trial begins

By MARIA LOCKWOOD

Superior Daily Telegram, Duluth News Tribune
Published Tuesday, October 31, 2006

An ashtray, a sword — the final moments of Leah Gustafson’s life captured through an open phone line.

The 14 jurors selected Monday in Douglas County Court will be presented with this evidence and more during the murder trial of Jason Richard Borelli.

The 32-year-old Superior man faces one charge of first-degree intentional homicide for the Jan. 7 stabbing death of Gustafson at her 1910 John Ave. residence.

Gustafson, 29, was found dead in her upstairs apartment lying next to one of her own collector’s swords, which police believe was used to kill her. A neighbor who heard her struggles and screams called 911. Gustafson also called police during the attack, but was unable to speak.

Borelli was charged in January with first-degree intentional homicide and in March pleaded not guilty by reason of mental disease or defect.

He was arrested when police followed a trail of blood to his house at 1901 John Ave., across the street from Gustafson’s apartment. Police found bloody clothing balled up under a bathroom sink and several other blood smudges in his residence.

There was no evidence of robbery or rape at the crime scene, said Chief Public Defender J. Patrick O’Neill, who represents Borelli. Gustafson and Borelli were not in a domestic relationship.

“Ultimately, you’re not going to hear any rational reason why this occurred,” O’Neill said during his opening statement, asking jurors to clearly see what the evidence does show and what the evidence does not show — an intent to kill.

Douglas County District Attorney Dan Blank spoke of the many pieces of evidence that completed the murder puzzle — from the sword and crime scene photos to testimony from Gustafson’s neighbor, who saw a stocky figure walking away from the murder scene.

“The evidence is going to show there’s a connection between people,” Blank said. “This isn’t a random stranger kind of case.”

The trial, expected to last all week, has two phases. During the first, jurors will render a verdict on whether Borelli is guilty of murder. If that determination is made, jurors will decide whether Borelli was responsible for his conduct based on the mental disease or defect plea.

The jury will not be sequestered, but Judge Michael Lucci cautioned jurors not to discuss the case with anyone, or follow any media coverage.

First-degree intentional homicide is the most serious crime in the Wisconsin statutes. It carries a penalty of life imprisonment.· Duluth News Tribune ·

Murder suspect’s trial gives victim, family day in court
Maria Lockwood The Daily Telegram
Published Saturday, October 14, 2006


Leah Gustafson will get her day in court.

The man accused of killing the 29-year-old Superior woman in January is headed to trial later this month following a pretrial conference in Douglas County Circuit Court.

The trial for Jason Richard Borelli, 32, is set to begin Oct. 30. It could last a full week.

According to District Attorney Dan Blank, a plea bargain arrangement was offered but rejected by Borelli.

“We were relieved to hear that he had turned down the plea,” said Leah’s mother, Sharon Gustafson.

“We feel that our daughter needs to have her own day in court — to give voice to her as a victim — even though it’s difficult,” Leah’s father, Richard Gustafson, said.

“We’d do anything for her,” Sharon Gustafson said.

Blank said he believed the case would move on to trial.

“There’s not a lot of wiggle room in a murder case like this,” he said. “The evidence isn’t going to change. The offer isn’t going to change.” In fact, he said, the offer has since been pulled off the table.

Judge Michael Lucci approved a motion by the state Friday to include statements Borelli made to law enforcement officers. A motion to introduce Borelli’s past offenses in the event he testifies was also granted.

Chief Public Defender J. Patrick O’Neill, who is representing Borelli, reserved the right to challenge both motions if he had objections after viewing the interview on DVD or the list of offenses submitted.

Leah Gustafson was found dead in her home lying next to one of her own collector’s swords, the weapon believed to be used to kill her. A neighbor who heard her struggles and screams called police to the scene. Gustafson also made her own call to police during the attack, but was unable to speak.

Borelli was charged with first-degree intentional homicide in January and pleaded not guilty by reason of mental disease or defect in March.

He was arrested when police followed the trail of blood to his house at 1901 John Ave., across the street from Gustafson’s apartment. Police found bloody clothing balled up under a bathroom sink and several other blood smudges in his residence.

Borelli’s history of violent crimes is long, and includes the brutal beating of a Rice Lake woman and an assault on his mother.

Since the murder, Leah’s friends and family have lobbied for a state law similar sex offender laws, which would require registration of violent offenders. For the next few weeks, those efforts will take a back seat for the family.

“Right now we’re just focusing on the trial,” Richard Gustafson.

http://www.superiortelegram.com/ source

Friends Of Murdered Woman Fight For 'Leah's Law'

(WCCO) Superior, Wisc. More than a month before the alleged killer of a Superior, Wisc., woman is scheduled to go to trial, the victim's friends and family are lobbying Minnesota and Wisconsin lawmakers to enact a law that would, in theory, protect a community from people with violent criminal records.

"Leah's Law," is named after Leah Gustafson. The 29-year-old was allegedly killed by Jason Borelli, who broke into her apartment in January and stabbed her to death with a collector's sword.

The two had apparently met before. "She was over at her neighbors one time for half an hour and left cause she couldn't stand to be around him," said friend Denise DeVogel. What Gustafson didn't know was that Borelli had a criminal record with a violent past. Both DeVogel and another friend, Mary Day, suggest that if Gustafson had known the truth about the man living across the street, she would have moved away.

"I was amazed why he is even on the streets," Day said. "If he has this kind of record, [then] why is he allowed to be out there tormenting other people?"

A handful of states have a law similar to the one proposed for Leah's Law. Advocates say lawmakers have been receptive but are concerned about costs involved.

As for Borelli, he is awaiting trial for Gustufson's murder. He will use an insanity defense once the trial begins Oct. 30.

(© MMVI,wcco.com - Friends Of Murdered Woman Fight For 'Leah's Law'

EDITORIAL: Violent offender registry could prevent more tragedies
The Daily Telegram
Last Updated: Wednesday, August 02nd, 2006 01:51:46 PM


Very often, working in the media has its advantages.
The job comes with the sources, tools and training needed to pick out the truly “bad boys” and “bad girls” amidst the endless stream of mistakes and foolishness that get some people in trouble with the law.
While the information is available to every member of the public who seeks it, few have the time and energy to research the criminal past of their neighbors, even when they snicker over their sad luck when they are caught breaking the law.
For most, knowing a neighbor or a casual acquaintance might have a long history of violent offenses only becomes apparent once tragedy strikes.
That’s how Richard Gustafson learned his 29-year-old daughter was living across the street from a man who’s past included violent assaults not only against the women in his life, but against women he didn’t even know.
Gustafson’s daughter, Leah, died in January because she had no idea the man who would be accused of her murder had a long history of violent offenses. Her death prompted friends and family to seek change that would make it easier for every member of the public to access information we in the media are paid to uncover. Their effort to change the law is getting notice.
Representatives Scott Suder of Abbottsford and Sue Jeskewitz of Menomonee Falls, members of the Assembly’s criminal justice committee, are in the initial stages of drafting “Leah’s Law.”
The legislation, if adopted by the state Senate and Assembly next session, would make looking up a violent offender no more complex than searching for information about sex offenders.
Currently, to determine what kind of a criminal past an individual may have, takes both knowledge and patience. The state’s court system maintains on online database of its court cases. But sorting out ordinance violations from civil and small claims cases to more serious offenses takes time.
In the case of Jason Borelli, the man accused of Leah Gustafson’s murder, sorting through the civil, misdemeanor, small claims and felony criminal cases takes an understanding of the court’s filing system. While more than 50 cases were on file in the Wisconsin court system, only a few demonstrated the violent crimes he had committed before his arrest in January. 
Even if Richard Gustafson had an inkling his daughter’s neighbor had a violent history, wading through the minutia would have taken considerable time and patience, and perhaps trips to Rice Lake and Shell Lake to gather that information.
Unfortunately for Leah Gustafson’s family and friends, knowledge came too late.
However their efforts in her memory deserve recognition. Legislators are responding in an effort to have a bill ready for consideration when the state Legislature goes back to work in January. Perhaps, the new legislation won’t be too late to prevent another person from opening the door when there is a violent stranger on the other side.
Now the public needs to do its part by letting legislators know how they feel about the bill that is being drafted for consideration in Madison.

The Daily Telegram - Superior, Wisconsin

Murder victim’s friends want new law


Leader-Telegram Staff


Eau Claire
Locations
To support Leah’s Law, visit www.leahs-law.com or these Eau Claire locations where people can sign the petition:
n Davies Center, UW-Eau Claire.
n Eau Claire Comics and Collectibles, 1044 Main St.

Six women hope something good — a new law — comes of the murder of a UW-Eau Claire alumna.

UW-Eau Claire 2001 graduate Leah Gustafson, 29, was stabbed in her Superior home Jan. 7.

Jason Borelli, 32, who lived across the street from Gustafson, has been charged with her murder. He has pleaded not guilty by reason of mental disease or defect.

At the time of Gustafson’s death, Borelli, who will face a murder trial Oct. 30, had a warrant out for his arrest and a record of repetitive violent behavior, said Mary Day, a co-worker of Gustafson.

“I wondered why we weren’t notified when he moved in,” she said. “I was too angry to let it go. I had to do something.”

Day and a team of Gustafson’s friends and family plan to send a draft of Leah’s Law to Minnesota Gov. Tim Pawlenty and Gov. Jim Doyle once they feel they have enough signatures to show support.

Under Leah’s Law, a neighborhood would be notified with information and a photo of anyone who moved in that was a violent habitual offender. The law would mirror the state’s current sex offender law.

John Dipko, a spokesman for t