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Story originally printed in the Winona Daily News or online at www.winonadailynews.com

Published - Saturday, May 17, 2008

Sword killing case back in court at Superior

SUPERIOR, Wis. (AP) — A judge has heard 312 hours of testimony on whether a new trial should be ordered for a Superior man who is serving life in prison without parole for choking, bludgeoning and stabbing an acquaintance to death.

Police said Jason Borelli wielded a collector sword during the attack the morning of Jan. 7, 2006, that killed Leah Gustafson, 29, who lived in an apartment across the street from him.

Borelli, 34, was sentenced in January 2007. A jury had found him guilty of the crime and rejected his insanity defense.

But defense lawyer James Rebholz filed a motion for a new trial in January, claiming Borelli had ineffective counsel by public defender J. Patrick O'Neill at his trial.

O'Neill was called to the witness stand Friday to answer questions about his strategy at the trial, including his decision to .

Douglas County District Attorney Dan Blank said the real question is whether different defense strategies would have changed the outcome of what he considered a straightforward case.

He said O'Neill, an experienced public defender, did the best he could, considering the facts of the case.

"It wasn't a whodunit," Blank said.

"I think it's a darn shame we have to revisit this issue," he said.

Judge Michael Lucci directed that Rebholz and Blank submit written briefs summarizing their positions. The judge is expected to make his decision on the motion by the end of June.

The victim's parents were in the courtroom, as they have been for all proceedings since the killing.

"It was strange being back in court again," Richard Gustafson said.

"But we're here for our daughter," said Leah's mother, Sharon. "We'll always be with her in our hearts. She was a joy to us."

At the time of the murder, police were called by a neighbor who heard a fight in the victim's residence. Officers found her dead and used a neighbor's description to locate Borelli at his apartment.

At his sentencing, Borelli told the court he is a different man when taking the proper medication and is sorry for his actions.

"I'm moving in a positive way," he said. "I'm finally getting the help I need."

Gustafson's parents said that once Borelli was sentenced, they felt a sense of closure.

But Blank said the lengthy appeals process is just beginning.

The Gustafsons said support of friends and family helps them cope.

"You see evil being perpetrated," Richard 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."