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

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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

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.

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.

"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.

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. -

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.

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.

“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.

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.”

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)

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.

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

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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.

“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.

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.”

Published in the Daily Telegram (Superior)

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

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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.

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.

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

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.

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.

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 ·

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

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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.

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.
Published in the Daily Telegram (Superior)

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Jury hears 911 tapes at murder trial

Maria Lockwood
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.

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

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.\

_------------
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

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.

Published in the Daily Telegram (Superior)

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.

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.

On Jan. 7, 2006, Leah Gustafson, 29, was brutally murdered after allegedly letting Jason Borelli, 32, into her Superior apartment.

Had she known the past history of this neighbor from across the street she probably would not have opened the door, friends say.

Borelli, who is accused of murdering Gustafson, has a long-record of violent offenses including the brutal beating of a Rice Lake woman and an assault on his mother. His trial in the Gustafson murder is scheduled to begin Oct. 30 in Douglas County.

Since her death, Gustafson's friends, neighbors and co-workers have since been trying to get a law passed in both Wisconsin and Minnesota called "Leah's Law."

"We've been in the process of contacting and talking to anyone and anybody that will listen to us," said Melinda Cooper, a spokesperson for the Leah's Law group and longtime friend of Gustafson.

The law would be similar to those for repeat sex offenders. It would require that the community be notified anytime a repeat violent offender moves into a community.

It would also create an online Web site were people could search for violent offenders in their community - similar to the state's sex offender Web site.

Now two Republican lawmakers have taken up their cause and are in the initial stages of drafting "Leah's Law" in Wisconsin.

Rep. Scott Suder, Abbottsford, and Rep. Sue Jeskewitz, Menomonee Falls, are both members of the Assembly's criminal justice committee and homeland security - a committee Suder chairs.

Suder contacted the group after seeing an article in Superior's newspaper, the Daily Telegram.

"Melinda and her group have a good idea," Suder said. "We have the time to research it and put together a bill that is right for Wisconsin."

He said he plans on having the bill ready to be introduced when the Legislature convenes in January.

Initially Suder said he was concerned about the cost of the community notification aspect of the proposal, but since May he has been on a national criminal justice task force and has had a chance to see what other states are doing.

"I am more convinced now that this can be done in a cost-effective manner, after looking at what other states are doing," said Suder.

Both Suder and Jeskewitz say they are considering including in the registry criminals who have committed crimes such as intentional homicide with a deadly weapon, assault and battery with a deadly weapon, assault with intent to kill and other crimes such as first-degree manslaughter.

"We have a right to know who is in our neighborhoods and to feel protected," Cooper said.

More information about Leah's Law is available on the group's Web site: www.leahs-law.com

Brady Bautch is the Internet Publisher for the RiverTown Newspaper Group. He can be contacted at internet@rivertowns.net. Jana Hollingsworth of the Daily Telegram contributed to this story.

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Leah's Law Proposed Angela Salscheider
It's called Leah's Law and is named after 29-year-old Leah Gustafson. She was brutally murdered in Superior last January after police say a man convinced her to let him in her apartment building.

Now her friends are going door to door, collecting signatures for the law they say could've saved Leah's life.

"She would've been out here working her tail off to get a law passed," said Melinda Cooper. "I'm not going to give her any less than she would've given me."

Anytime a repeat, violent offender would move into the neighborhood, you'd be notified by a letter.

You could also check an online database of the offenders to see their picture, home address and offense history.

"These would be individuals who've been convicted of serious, violent offenses that pose a risk to the community," said Suder.

Suder is hoping to have the law passed in January. Leah's friends have started a website to promote it: www.leahs-law.com.

Reps. Suder, Jeskewitz: Drafting “Leah’s Law”
7/20/2006

State Representative Scott Suder
1-(888)-534-0069

State Representative Sue Jeskewitz
1-(888)-529-0024

Lawmakers’ Legislation Will Create A Repeat Violent Offender Registry And Additional Community Notification

Madison – Two Republican lawmakers are drafting a bill to create a repeat violent offender registry and a mechanism for providing increased community notification of the whereabouts of such criminals. State Representative Scott Suder (R-Abbotsford) and Sue Jeskewitz (R-Menomonee Falls) say they will work with law enforcement, victims’ rights groups and their colleagues across the nation to craft legislation which increases public safety and will be cost-effective for taxpayers.

“Community residents have a right to know if violent repeat offenders are placed in their neighborhood,” Suder commented. “Leah’s Law will help increase public safety by providing relevant information about convicted violent criminals who may pose a future threat to community residents.”

Leah Gustafson was a 29 year old woman working in Superior, WI who was brutally murdered in her apartment this past January. According to police, 32 year old Jason Borelli, who lived across the street from Leah, convinced her to let him into her building, got into her apartment and then stabbed and choked her to death. Borelli has been classified as a “repetitive violent offender.”

“Violent felons give up their right to privacy when they commit their crime. This is a matter of public record and law abiding citizens have a right to know who is living next door. We should have easy access to find out if these criminals are lurking in our own neighborhood.”

Representatives Suder and Jeskewitz’s legislation will create a public, up-to-date, online database of registered repeat violent offenders, which would include information such as photograph, current address and previous crimes committed. The lawmaker’s bill would also require community notification of those repeat violent offenders residing in their neighborhood.

Suder and Jeskewitz are currently researching which violent offenders would be included in their proposed registry and notification system. The lawmakers are considering including offenders in the registry who have committed such serious crimes as:

Intentional homicide with a deadly weapon

Assault and battery with a deadly weapon or by means likely to produce death

Assault with intent to kill

Terrorism with intent to destroy life

Other serious crimes such as bombings, first degree manslaughter, etc.

Several of Leah's friends are now going door to door in communities all across Wisconsin hoping to collect signatures for Leah's law and have set up a website to promote their effort to bring Leah’s Law to Wisconsin and Minnesota. The lawmakers thanked those involved in such efforts and said they were committed to work to pass Leah’s Law in a bi-partisan fashion next legislative session.

For more information on Leah’s Law you can contact Rep. Suder toll-free at 1-888-534-0069 or Rep. Jeskewitz at 1-888-529-0024.

Melinda, Denise, and Kelly were interviewed regarding our efforts with Leah's Law and promoting the rummage sale on Friday, May 9th and Saturday, May 10th in Superior to raise money for these efforts (as I've said before the cost of ink, paper, binders, gas, etc. for the folders and traveling). Nicole and I were working and unable to attend either interview.

Here's the interview with WDIO Channel 10/13, and KBJR Channel 5/6.

Parrot, Melinda, and Kelly went to Eau Claire on Thursday, July 13th and were covered on the local news channel WEAU (NBC), here's the link and video. They went door to door and attempted to set up some businesses in the Eau Claire area (that were willing) to have a book in their place of business.

http://www.weau.com/news/headlines/3348781.html

Leah Gustafson was a 29 year old Eau Claire Alum living and working in superior when she was killed in her apartment this January.

Police say 32 year old Jason Borelli, who lived across the street convinced Leah to buzz him into her building, got into her apartment and then stabbed and choked her to death.

After his arrest Leah's friends learned Borelli had a long violent criminal record, so they took action.

Several of Leah's friends are now going door to door in communities all across Wisconsin hoping to collect signatures for Leah's law.

The law would notify people when a repeat violent offender moves in next door, similar to the state's current sex offender law.

"If you get notification that someone is moving into your neighborhood that has a violent past you can take more precautions about what you're doing in your neighborhood, " says a longtime friend of Leah's, Alissa Wilde.

"He would've never gotten through her door she would've called 911 immediately when he came through the door."

Leah's friends have already collected close to five thousand signatures around Superior and have plans to rally support throughout the state.

"She would have been out here working her tail off to get a law passed if it had been any one of us and I'm not going to give her any less than she would've given me," says another friend Melinda Cooper.

The women have also left petitions at UW-Eau Claire for people to sign. If you want more information you can go to www.leahs-law.com

Leah's accused killer, Jason Borelli, will face a murder trial October 30th.

WEAU (NBC) Website

Jun 06, 2006 - Posted 8:57 a.m., SUPERIOR - A group of Northlanders is lobbying for a new law that would notify residents when a violent predator enters their neighborhood.

It's in response to the murder of Leah Gustafson, 29, last January.

Matt Smith has the latest.

Last January Leah Gustafson was murdered in her home.

The man charged, Jason Borelli, has a violent past including several arrests for battery and domestic abuse.

"For the violent crimes he had done in the past if he would have served jail time, Leah would be alive today,” said Denise DeVogel, Leah’s Law supporter.

A group of Leah's closest friends and family members are lobbying for change.

The notification system would be for people who've been charged with murder or have attempted to harm someone in the past.

"I think it'd be a fitting tribute to my daughter,” said Leah’s Father Richard Gustafson. “She was always involved with other people, helping out other people, and I think she'd be very happy of her friends and family always supporting this."

Creators of "Leah's Law" are also asking for longer prison sentences for violent predators such as Borelli.

Their movement has started in Wisconsin where Gustafson was murdered, but want to have it passed in all 50 states.

"Fighting for this law has given us a sense of hope because we feel that we can make something positive come out of something that was really horrible and tragic for us,” said Melinda Cooper, Leah’s Law supporter.

Opponents argue the proposed law would crowd jails and cost the state and taxpayers more money.

But Superior Mayor David Ross is for the law and says he doesn't want to see another murder like Gustafson's in his city.

"If we start balancing the need to spend tax dollars against the need of keeping our community safe and not having another senseless murder as the one we saw just recently in our community because we didn't know a predator a repetitive violent offender was living amongst us, I think it's well worth the expenditure of tax dollars,” said Ross.

Matt Smith, The Northland's NewsCenter.

Right now residents are just trying to gain the support of lawmakers and the public.

They hope to have a bill proposed in Wisconsin's 2008 Legislative Session.

And by the way, a rummage sale to support Leah's Law is happening Friday and Saturday at 205 East 9th Street in Superior.

Leah's law

The father and friends of Superior murder victim Leah Gustafson are hoping a law will be created, to stop tragedies like hers. Leah Gustafson was killed in her own home in January. Her friends are now trying to prevent other innocent people from becoming victims of their neighbors. Melinda Cooper said Leah was like a little sister. She said Leah's Law is based on other state's violent offender registry laws, where if violated, the offender is sent back to jail. Melinda said Leah didn't know her neighbor, the man who's charged with the murder. Leah's dad says while these violent murders can't be stopped; getting a warning that a violent person is near you can prevent something bad from happening. Richard Gustafson said, "do we let violent offenders walk the streets and we're oblivious? Or would you like to know the person across the street has a violent history." Leah's dad said the alleged murderer; Jason Borelli fell through the loopholes in the legal system. Borelli, has a lengthy violent criminal history. Melinda is collecting signatures and raising money for travel expenses. She plans to meet with lawmakers around the state and Washington DC. There is a Leah's Law rummage sale on Friday and Saturday at 205 East 9th Street, Superior. Petitions are located at several gas stations and stores in the Twin Ports. That's including Hair by Carrie, Brennan's Hair Studio, the China Inn, Androy Hotel, Eagles Club, and the M and H Gas Station.

Leah Gustafson Memorial Fund

The Gustafson family has created a memorial fund in Leah's name. Send memorials to the Superior Community Credit Union, 2817 Tower Ave., Superior, WI 54880. The family has not yet decided the fund's purpose.

Experts offer safety tips

BY JANA HOLLINGSWORTH

SUPERIOR DAILY TELEGRAM

The violent death of Leah Gustafson has many Superior residents feeling uneasy about personal safety.

Gustafson was stabbed to death in her home by her own sword Jan. 7 after the suspect was allowed into her apartment building. Jason Borelli has been arrested and charged with first-degree intentional homicide in connection with the murder.

Self-defense experts say it appears Gustafson attempted to fight off her attacker, and she used her cell phone to call 911 -- two things that should be done when attacked.

"It looks as if she fought like a mad dog, and I guess she got overwhelmed," said Charlie Law, chief deputy of the Douglas County Sheriff's Department and a teacher for rape defense. "She did the right things."

The most important steps to take when alone, Law said, are to be aware of surroundings, have a plan in place and avoid looking like a victim.

"If something happens, it's your choice if you want to fight or not," he said, "but we heavily suggest you fight. You're trying to fix the problem."

When you're alone, park under street lights, keep your car locked, check the back seat before entering the car and carry your keys in your hands, said Kelly Burger, executive director of the Center Against Sexual and Domestic Abuse in Superior.

"Walk with a purpose, and don't look down," she said. "If you live alone, keep your door locked and don't rush to answer it."

Capt. Charles LaGesse of the Superior Police Department said some residents have called in the wake of Gustafson's death asking what should be kept in a house for defense.

He suggested pepper spray for those having small children who don't want weapons in their homes. If a weapon is a choice, he cautioned letting it fall into the wrong hands.

Law said "weapons of opportunity," such as snow shovels, should not be left in the open. He suggested getting to know neighbors to assist each other if something goes wrong, and keeping a cell phone close to where you sleep.

LaGesse also has taught self-defense classes and said a victim must be offensive.

"Strike hard in tender areas," he said, suggesting punching a throat, groin or eyes and using keys and fingernails.

"When someone is bigger or stronger than you, strike vulnerable points with whatever weapons come to hand," he said.

Most people are assaulted by someone they know, LaGesse said, and when deciding whether to trust an acquaintance, the decision must be based on a careful read of that person and the situation you are in.

If you find yourself at a party or bar where people are acting inappropriately and you are uncomfortable, he said, leave.

"Listen to that little voice and realize that a lot of personal safety is personal choices and where you put yourself," he said.

Jan 19, 2006 - Posted 9:02 a.m., SUPERIOR - A Superior court officer ruled on Wednesday that there is enough evidence for Jason Borelli to stand trial for the fatal stabbing of Leah Gustafson.

Borelli, 31, is charged with first degree intentional homicide in the death of Gustafson.

Five witnesses took the stand, describing events and the grim images that took place the night Leah was brutally murdered.

Family members watched and listened to details that painted a picture of her last few hours and minutes.

Leah's father Richard Gustafson and stepmother, talk about seeing the alleged killer.

“It makes my skin crawl to see this person sit there, living and breathing; my daughter is a victim of this,” said Richard Gustafson.

Leah's neighbor, Randi Johnson, took the stand and recalls hearing things being smashed against the walls, slapping sounds, and desperate cries for help.

The graphic testimony continued as a forensic pathologist testified by phone, Gustafson died from three stab wounds.

A Superior police officer described seeing blood on many objects as he searched the Borelli's apartment.

“The family is not out for vengeance, we are out for justice. Leah would have wanted justice, my daughter would have wanted justice, and we want justice served to the full extent of the law.”

After walking out of court, Richard says he is satisfied with the judge's ruling and the work of city authorities.

“We feel confident into the Superior Police Department and the District Attorney that the perpetrator will be brought to justice.”

from two stab wounds to the back and one to her chest and that the sword appears to have gone through her body.

Police say the two knew each other through a mutual acquaintance living in Gustafson's apartment building, which was across the street.

SUPERIOR, Wis. - A man accused of wielding a collector sword in the stabbing and beating death of an acquaintance has been ordered to stand trial for first-degree intentional homicide.

Jason Borelli, 31, of Superior, who was bound over Wednesday for trial, was apprehended at his apartment soon after the slaying early Jan. 7 of Leah Gustafson, 29, who lived in an apartment across the street from him.

A neighbor called police after hearing a fight going on in the victim's residence. Officers found her dead. Police said they used a neighbor's description to locate Borelli at his apartment.

A forensic pathologist testified by phone at Wednesday's preliminary hearing in Douglas County Circuit Court, saying the victim died from two stab wounds to the back and one to her chest, and that the sword appeared to have gone through her body.

Police said the two knew each other through a mutual acquaintance living in Gustafson's apartment building.

A police officer who searched Borelli's apartment testified he found blood on a set of keys, some shoes, the bedroom door and a towel in the bathroom, and bloodied clothes were found rolled up under the sink.

Leah Gustafson remembered as caring, compassionate, trusting, perhaps vulnerable
Jana Hollingsworth
The Daily Telegram
Last Updated: Friday, January 13th, 2006 11:06:08 PM

Leah Gustafson was known for her hugs. Tight, strong embraces full of compassion. Hugs that her friends and family yearn for now, as they grieve the Superior woman’s death.
Gustafson, 29, was stabbed to death in her home last Saturday with one of her own swords, after a male assailant entered her apartment building around 4:30 a.m., according to a criminal complaint. It’s possible she opened the main door so the man could visit another tenant.
Leah’s funeral is today at noon in the Great Lakes Gospel Church, 518 N. 24th Ave. W. in Duluth’s West End. Visitation begins one hour prior to the service.
Jason Borelli, 31, Superior, was arrested and charged with first-degree intentional homicide in connection with the slaying.
Gustafson’s family and friends remembered her this week as a caring, vibrant and inquisitive woman.
“She reached out, befriended the underdog,” said Sharon Gustafson of Duluth, Leah’s mother. “If you needed money, she’d lend it to you even if she didn’t have enough for herself.”
She was an avid fan of the Lord of the Rings trilogy, said her father, Richard Gustafson of Superior, and was intrigued by its mythology.
“Leah had a sense of justice,” he said. “She valued the concept of good over evil.”
Enamored with all things historical, Leah collected swords as pieces of art and hung them on her walls. She attended Renaissance festivals and played the violin.
“She loved things of antiquity,” Richard Gustafson said.
Her curiosity of ancient cultures led her to obtain a bachelor’s degree in history from the University of Wisconsin-Eau Claire, after graduating from Superior High School in 1994. She worked at Cellular One in Duluth.
Sharon Gustafson said she was very loyal and close to her friends, with whom she shared a deep trust.
Leah loved to make people laugh, said Miranda Jones, a friend.
“She was one of the strongest people any of us ever knew,” she said. “When I was having a difficult time and I cried, she cried right along with me.”
She was honest and had an energetic laugh, said Kelly Ziebell, who knew Leah for 15 years.
“She never said goodbye without a hug,” Ziebell said. “If she saw you the day before, she still gave you a hug.”
Richard Gustafson said his daughter had a lot of self-confidence, “but I worried about her being too trusting,” he said.
Leah’s family doesn’t believe she had a relationship with Borelli, and views her death as a random act of violence.
While acknowledging she probably knew him, Richard Gustafson said Leah had recently ended a relationship and didn’t think she had begun dating anyone new.
Mike Gustafson, Leah’s brother, said, “she never could tell the difference” between good and bad people.
“She reached out very easily,” said Sarah Gustafson of Duluth, Leah’s stepmother.
Denise DeVogel had a lifelong friendship with Leah, meeting her when DeVogel was 4 years old. She considered Leah an aunt to her 3-year-old son.
“Her goal was to be a mom,” she said. “I’m grateful now that she didn’t, but she never got to have that chance.”
DeVogel said Leah was selfless, and always the person to call with a problem.
“She was like everybody’s Dear Abby,” she said.
Sharon Gustafson spoke of a day spent with her daughter getting lost for two hours on the way to see a movie.
“We ended up having this wonderful adventure,” she said. “It could have been irritating ... but she looked at life as an adventure.”
Richard Gustafson recalled Leah’s moments of toddler disobedience and how proud he was when she graduated from college.
“I have flashbacks — short little movies scattered in my mind of when she was a baby up to Christmas when we saw her last,” he said.
The Gustafson’s are struggling to put Leah’s death in perspective.
“We live in a community of exceptionally good people, but we live in a society where monsters roam,” Richard Gustafson said.
He said Superior Police Department investigators told him Borelli has a history of mental illness and suffers from bipolar disorder.
“But he knew the difference between right and wrong — he knew enough to flee,” he said.
DeVogel wishes Leah would have ignored the doorbell that night, “but it was her character to trust everybody,” she said. “She probably thought he was there to see her neighbor. I can’t imagine the trauma she went through.”
Richard Gustafson said his daughter was a brave woman.
“She loved life and would not give up easily,” he said. “She would fight to her very last breath.”

-------------------------
Leah's Law?
Friends of Leah Gustafson want neighborhoods warned about violent offenders
By JANA HOLLINGSWORTH
The Daily Telegram
Last Updated: Friday, May 12th, 2006 11:42:11 PM

Leah Gustafsonâ€™s friends met in front of her former home Thursday, chatting about kids, schools and life. For a rare moment, it appeared the Jan. 7 fatal stabbing of Gustafson had slipped from their minds. But the clipboards they carried and the T-shirts they wore bearing Gustafsonâ€™s face were an intense reminder of why they were there.
The group planned to walk Gustafsonâ€™s neighborhood, gathering signatures for a new law they hope will someday be enacted â€” a law similar to the stateâ€™s sex offender law that would protect people against habitual violent offenders. Gustafsonâ€™s friends believe if such a law had already existed, Gustafson would never have opened her door in the early morning hour leading to her death.
Gustafson, 29, was found dead lying next to a samurai-style sword in her 1910 John Ave. apartment. A blood trail and an eyewitness led police to Jason Borelliâ€™s residence across the street, where he was arrested. He was charged in January with first degree intentional homicide and pleaded not guilty in March by reason of mental disease or defect. His trial begins Oct. 30. Borelliâ€™s history of violent crimes is long, and includes the brutal beating of a Rice Lake woman and an assault on his mother.
â€œWhen I read that Borelli had a criminal rap sheet longer than my hair, I became angry,â€? said Mary Day, a friend and co-worker of Gustafson. â€œLeah had no warning ... She wouldnâ€™t have let a criminal into the apartment building, let alone anywhere near her.â€?
Day, along with several other friends, began researching, building a Web site, talking to lawmakers and preparing a proposal for â€œLeahâ€™s Law.â€?
The group wants criminal databases constructed for both Minnesota and Wisconsin that would list habitual violent offenders and be accessible via the Internet. Members want a public notification system that includes photos and criminal histories so residents have knowledge of who lives in their neighborhoods, and it calls for stricter jail sentences for habitual offenders and restraining order violators. They acknowledge the law should only apply to those convicted of such crimes.
A handful of states, including Montana and Oklahoma, have similar laws. Wisconsin lawmakers and local public officials seem to agree itâ€™s a good concept, but have some concerns.
State Rep. Scott Suder, R-Abbotsford, is a member of the committee on criminal justice and homeland security. He said a registry for violent offenders is feasible in Wisconsin, but would probably be work-intensive.
â€œIt certainly is a new idea above and beyond the sex offender registry,â€? he said, noting that a study committee was being formed to look at notification laws on sex offenses, and the Superior groupâ€™s proposal could be discussed.
Requiring notification for every felon that enters a community would be impossible, he said, but flexibility could be given to local law enforcement agencies to notify depending on the nature of criminal activity. Criminals fall easily into categories once they are sentenced, he said, and didnâ€™t believe the initiative would be costly to taxpayers.
â€œWhatâ€™s costly is when communities arenâ€™t notified and other individuals become victims as a result,â€? he said.
The sex offender registry has been effective, partly because tough laws lead offenders to live in states having weaker laws, he said.
â€œI would argue that it has potentially saved lives, and you canâ€™t put a price tag on that,â€? he said.
Identifying sexual predators is much easier than violent offenders, said Sen. Bob Jauch, D-Poplar, because of the nature of their crimes, the age of victims and the likelihood of repeat offenses. He plans to study the issue and work with the group to help answer tough questions in regard to crafting a bill. He said 16,000 people in Wisconsin are registered sex offenders, and that number annually increases by 1,000.
â€œItâ€™s a very costly program,â€? he said. And if expanded, Jauch noted, there are 65,000 former prisoners whoâ€™ve committed from small crimes to murders who are on probation or parole in Wisconsin.
â€œViolent crimes can have a broad, broad brush,â€? he said. â€œYouâ€™ve got to carve out which ones you want to identify, and it gets to be very time-consuming and incredibly costly.â€?
The work needed to add violent offender community notifications could be monumental, said Floyd Peters, Superior Police Chief.
But with the sex offender registry and notifications, â€œpeople have more information than theyâ€™ve ever had,â€? he said.
While he supports the concept of the proposed law, the definition of a violent offender is important to specify, said Dan Blank, Douglas County District Attorney.
â€œIf they have to do public notifications and meetings on 80 percent of criminal cases, I think that weâ€™ll be in trouble and lose effectiveness,â€? he said. â€œPeople will be desensitized to a notice of a release.â€?
Stricter jail sentences concern him because each case and individual is unique.
â€œWhen an area of law goes into mandatory minimums, a lot of discretion, flexibility and justice falls by the wayside,â€? he said. â€œThatâ€™s why we elect prosecutors and judges to draw some distinctions.â€?
But Blank encourages citizen involvement, and understands why the group is acting.
Melinda Cooper, a close friend to Gustafson, said life has been an everyday struggle since her death.
â€œUp until studying this, I felt lost and had no direction,â€? she said. â€œThis has given me some focus. Leah would be doing this for any of us, and Iâ€™m not going to give her any less.â€?
The group believes the court system is too lenient on habitually violent criminals, and thinks Borelliâ€™s past crimes should have kept him in jail.
â€œShe (Gustafson) didnâ€™t take a lot of caution, but if she knew he was in her neighborhood, she wouldâ€™ve been freaked out and she would have moved,â€? said Kelly Ziebell, a friend.
The violent death of a resident affects a whole community, said Denise DeVogel, another friend.
â€œPublic awareness is so important,â€? she said. â€œIf we save one life, weâ€™ve done our job.â€?
Richard Gustafson, Leahâ€™s father, supports the efforts of her friends, who have already collected more than 500 signatures in support of â€œLeahâ€™s Law.â€?
â€œLeah was a wonderful person, and she has wonderful friends,â€? he said. â€œItâ€™s a tribute to Leah that they want to pursue something like this.â€?
As summer approaches and plans Leah made with her friends go unrealized, grief for her death sets in further.
â€œHe stole a lot from us, and weâ€™re not going to sit here and take it,â€? Cooper said referring to the suspect, echoing what each of the group membersâ€™ T-shirts proclaims: â€œIn our fight for Leah, we will not be silenced. We shall stand and we will be heard.â€?

Published in the Daily Telegram (Superior)

To help 'Leah's Law' efforts

The group asks that donations be sent to Melinda Cooper, 5103 E. Second St., Superior, WI 54880. They're in need of computer ink, paper and binders. Several petition books have been placed at Superior businesses, including the Androy Hotel, the China Inn and Brennan Hair Fashions.

The group will hold rummage sales with proceeds going toward 'Leah's Law' from June 9-11 at 205 E. Ninth St., Superior. Call 343-2770 for details.

Dead woman's friends want 'Leah's Law' to warn of violent offenders

BY JANA HOLLINGSWORTH

SUPERIOR DAILY TELEGRAM

Leah Gustafson's friends met in front of her former Superior home Thursday, chatting about kids, schools and life. For a rare moment, it appeared the Jan. 7 fatal stabbing of Gustafson had slipped their minds. But the clipboards they carried and the T-shirts they wore bearing Gustafson's face were an intense reminder of why they were there.

The group planned to walk Gustafson's neighborhood, gathering petition signatures for a new law they hope will someday be enacted -- legislation similar to the state's sex offender law that would protect people against habitual violent offenders. Gustafson's friends believe if such a law had already existed, Gustafson would never have opened her door in the early morning hour leading to her death.

Gustafson, 29, was found dead lying next to a samurai-style sword in her 1910 John Ave. apartment. A blood trail and an eyewitness led police to Jason Borelli's residence across the street, where he was arrested. He was charged in January with first-degree intentional homicide and pleaded not guilty in March by reason of mental disease or defect. His trial begins Oct. 30.

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

"When I read that Borelli had a criminal rap sheet longer than my hair, I became angry," said Mary Day, a friend and co-worker of Gustafson. "Leah had no warning... she wouldn't have let a criminal into the apartment building, let alone anywhere near her."

Day, along with several other friends, began researching, building a Web site, talking to lawmakers and preparing a proposal for "Leah's Law."

The group wants criminal databases constructed for both Minnesota and Wisconsin that would list habitual violent offenders and be accessible via the Internet. Members want a public notification system that includes photos and criminal histories so residents have knowledge of who lives in their neighborhoods, and it calls for stricter jail sentences for habitual offenders and restraining order violators. They acknowledge the law should only apply to those convicted of such crimes.

Wisconsin lawmakers and local public officials seem to agree it's a good concept, but have some concerns.

State Rep. Scott Suder, R-Abbotsford, is a member of the committee on criminal justice and homeland security. He said a registry for violent offenders is feasible in Wisconsin, but would probably take a lot of work.

He noted that a study committee was being formed to look at notification laws on sex offenses, and the Superior group's proposal could be discussed.

Identifying sexual predators is much easier than violent offenders, said Sen. Bob Jauch, D-Poplar, because of the nature of their crimes, the age of victims and the likelihood of repeat offenses. He plans to study the issue and work with the group to help answer tough questions about crafting a bill.

"Violent crimes can have a broad, broad brush," he said. "You've got to carve out which ones you want to identify, and it gets to be very time-consuming and incredibly costly."

The work needed to add violent offender community notifications could be monumental, said Floyd Peters, Superior police chief.

"But with the sex offender registry and notifications, people have more information than they've ever had," he said.

While he supports the concept of the proposed law, the definition of a violent offender is important to specify, said Dan Blank, Douglas County district attorney.

"If they have to do public notifications and meetings on 80 percent of criminal cases, I think that we'll be in trouble and lose effectiveness," he said. "People will be desensitized to a notice of a release."

Melinda Cooper, a close friend to Gustafson, said life has been a struggle since her death.

"Up until studying this, I felt lost and had no direction," she said. "This has given me some focus. Leah would be doing this for any of us, and I'm not going to give her any less."

The group believes the court system is too lenient on habitually violent criminals, and thinks Borelli's crimes should have kept him in jail.

"She (Gustafson) didn't take a lot of caution, but if she knew he was in her neighborhood, she would've been freaked out and she would have moved," said Kelly Ziebell, a friend.

Richard Gustafson, Leah's father, supports the efforts of her friends, who have collected more than 500 signatures in support of "Leah's Law."

"Leah was a wonderful person, and she has wonderful friends," he said. "It's a tribute to Leah that they want to pursue something like this."

As summer approaches and plans Leah made with her friends go unrealized, grief for her death sets in further.

"He stole a lot from us, and we're not going to sit here and take it," Cooper said, referring to the suspect, echoing what each of the group members' T-shirts proclaims: "In our fight for Leah, we will not be silenced. We shall stand and we will be heard."

A state appeals court has upheld a Superior man’s life prison sentence for killing a woman by repeatedly stabbing her with a knife and samurai sword after beating her with a heavy ashtray.

Jason Borelli, now 35, was sentenced to life in prison with no chance for parole in the Jan. 7, 2006, killing of 29-year-old Leah Gustafson at her apartment.

Leah Gustafson of Superior was killed in January 2006.

WAUSAU, Wis. — A state appeals court has upheld a Superior man’s life prison sentence for killing a woman by repeatedly stabbing her with a knife and samurai sword after beating her with a heavy ashtray.

Wisconsin’s 3rd District Court of Appeals ruled Tuesday that a jury properly heard a 911 call that captured sounds of the attack. The three-judge panel rejected Jason Borelli’s request for a new trial after he argued that the 911 call had prejudiced the jury.

Borelli, now 35, was sentenced to life in prison with no chance for parole in the Jan. 7, 2006, killing of 29-year-old Leah Gustafson at her Superior apartment. A jury convicted Borelli of first-degree intentional homicide and rejected his insanity defense. Duluth News Tribune 4/29/09

----------------------

Life Term Upheld Published April 28 2009

WAUSAU, Wis. (AP) — A state appeals court has upheld a Superior man’s life prison sentence for killing a woman by repeatedly stabbing her with a knife and samurai sword after beating her with a heavy ashtray.

The 3rd District Court of Appeals ruled today that a jury properly heard a 911 call that captured sounds of the attack. The three-judge panel rejected Jason Borelli’s request for a new trial after he argued that the 911 call prejudiced the jury.

Borelli, now 35, was sentenced to life in prison with no chance for parole in the Jan. 7, 2006, killing of 29-year-old Leah Gustafson at her apartment.

A jury convicted Borelli of first-degree intentional homicide and rejected his insanity defense.

Duluth News TribunePublished Saturday, June 14, 2008

Sarah Gustafson, stepmother of Superior murder victim Leah Gustafson and advocate of Leah’s Law in the Wisconsin Assembly, died Thursday in Duluth.

Leah’s Law was approved this year by the Assembly Committee on Criminal Justice, but didn’t make it to the floor of the full assembly before adjournment this year. Supporters say they will push for the bill again next session.

Richard Gustafson said Sarah, whom he married about a year before his daughter’s death, helped push for the bill in the 2007 Assembly even when she was fighting breast cancer. She did not go to Madison during the 2008 session.

“She wanted to go, but she felt she didn’t have the strength to properly support us down there,” Richard said.

Sarah Gustafson worked as a registered nurse, specializing in adolescent behavioral health at Miller-Dwan Medical Center, her husband said. Her experience made her especially helpful to family and friends who were devastated by Leah Gustafson’s death.

“She was quite experienced in people who had suffered emotional trauma,” Richard said. “Even though it hurt her immensely, she was always willing to help other people in coming to terms with this terrible tragedy.”

Originally from Grand Marais, Sarah Gustafson has a son and two daughters — Cy Simensen, Maija Krueth and Hillary Simensen — in Duluth. Her father, Robert Morrison, also lives in Duluth.

Funeral services will be at 11 a.m. Tuesday at Downs Funeral Home, Superior. Visitation will begin at 5 p.m. Monday at the funeral home.Duluth News Tribune 6/14/08

----------------------

Borelli’s ex-attorney defends strategy

Maria Lockwood , Superior Daily TelegramPublished Friday, May 16, 2008

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

Leah's Law advances from committee

Shelley Nelson The Daily TelegramPublished Wednesday, February 27, 2008

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

Leah’s Law’ gains momentum

Shelley Nelson The Daily TelegramPublished Saturday, March 03, 2007

Man gets life sentence in sword slaying

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

-------------------Jurors say killer was sane

Published in the Daily Telegram (Superior)

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

Maria Lockwood The Daily Telegram

---------Blood evidence linked to suspected killer

Maria Lockwood The Daily Telegram

-----------------Jury hears 911 tapes at murder trial

Maria Lockwood Published Tuesday, October 31, 2006

Sword murder trial begins

By MARIA LOCKWOOD

Superior Daily Telegram, Duluth News TribunePublished Tuesday, October 31, 2006

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

Leah Gustafson Memorial Fund

Experts offer safety tips

BY JANA HOLLINGSWORTH

SUPERIOR DAILY TELEGRAM

To help 'Leah's Law' efforts

Dead woman's friends want 'Leah's Law' to warn of violent offenders

BY JANA HOLLINGSWORTH

SUPERIOR DAILY TELEGRAM

Borelli, now 35, was sentenced to life in prison with no chance for parole in the Jan. 7, 2006, killing of 29-year-old Leah Gustafson at her Superior apartment. A jury convicted Borelli of first-degree intentional homicide and rejected his insanity defense.
Duluth News Tribune 4/29/09

Life Term Upheld

Published April 28 2009

Duluth News Tribune
Published Saturday, June 14, 2008

Funeral services will be at 11 a.m. Tuesday at Downs Funeral Home, Superior. Visitation will begin at 5 p.m. Monday at the funeral home.

Duluth News Tribune 6/14/08

Maria Lockwood , Superior Daily Telegram
Published Friday, May 16, 2008

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

Shelley Nelson The Daily Telegram
Published Wednesday, February 27, 2008

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

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

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

-------------------
Jurors say killer was sane

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

---------
Blood evidence linked to suspected killer

-----------------
Jury hears 911 tapes at murder trial

Maria Lockwood
Published Tuesday, October 31, 2006

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