After three and a half hours of testimony Thursday in Superior, the question of whether Jason Borelli should have a new trial remains.
A Douglas County jury found Borelli, 34, guilty of first-degree intentional homicide in November 2006 for beating and ultimately stabbing Leah Gustafson to death with a samurai sword in her Superior apartment the morning of Jan. 7, 2006. Judge Michael Lucci sentenced him to life in prison with no hope of parole.
A motion for a new trial based on ineffective counsel by Borelli’s trial attorney, public defender J. Patrick O’Neill, was filed in January by Wauwatosa, Wis., attorney James Rebholz. He also requested a modification of the sentence.
O’Neill, who has been a public defender since 1985, took the witness stand Thursday to answer questions about his trial strategy. Rebholz questioned why he chose to use the defense that Borelli was not guilty due to mental disease or defect and why he chose to offer the jury asecond choice of second-degree intentional homicide as opposed to first-degree or second-degree reckless homicide. Along the way, he poked at O’Neill’s decisions not to request a change of venue and not to request that jurors be individually questioned after graphic autopsy photos were shown.
Lucci requested that both Rebholz and District Attorney Dan Blank submit written briefs summing up their positions. A decision is expected by the end of June.
The real question before Lucci, Blank said, is whether there would have been a different outcome if O’Neill would have used different strategies during the trial.
Based on the straightforward nature of the case, Blank said, he doubted it would have made a difference.
“It wasn’t a whodunit,” he said. “None of the traditional defenses were available in this case.”
He said O’Neill is a very knowledgeable, articulate attorney who did the best he could with a challenging case.
“I think it’s a darn shame we have to revisit this issue,” Blank said.
Gustafson’s parents sat in the courtroom Thursday as they have during every hearing for the case.
“It was strange being back in court again,” Richard Gustafson said. “But we’re here for our daughter. We’ll always be with her in our hearts.”
“She was a joy to us,” said Leah Gustafson’s mother, Sharon. “We want to be faithful to get her the justice she deserves.”
Once the sentencing was complete, they said, there was a sense of closure.
Now, Blank said, “We’re at the start of a lengthy appellate process.”
Richard Gustafson said he has faith that justice will be done.
“It’s comforting to know people in the justice system are truly professionals,” he said.
In the two years and four months since Leah died, her family and friends have found the best way to cope with loss is together.
“You see evil being perpetrated,” Gustafson said with tears in his eyes. “You have to realize that there’s a lot of really, really good people in the world and it’s wonderful to have them all on your side.”