BRAINERD — Prosecutors called the husband and adoptive parents to testify Wednesday, May 21, in the criminal trial against 34-year-old Crosslake woman, Jorden Nicole Borders, accused of torturing her children.
Borders is charged with 11 felonies — one count of first-degree attempted murder, three counts of child torture, three counts of stalking and four counts of theft of medical costs.
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On social workers, a special education teacher, members of Advantage PCA Services, a banker and a school nurse to testify.
Appearing before Crow Wing County District Court Judge Patricia Aanes, Minnesota Assistant Attorney General Mary Russell on Wednesday called to the witness stand Christopher Badowicz, Borders' husband, to testify.
After Badowicz identified his wife in the courtroom, he told the court the then 7-year-old girl and the then 9-year-old boy — who both testified earlier in the trial about their mother’s alleged abuse — were his biological children. He is also the sole breadwinner for the family, he said.
Asked about all the toys in the spare room, Badowicz said it was the norm to have a bunch of unopened toys around the house. He told the court they would give them away as gifts. He said they had toys at the house, including a bike, a playhouse, scooters and a motorized car for the 7-year-old girl, and all the kids were allowed to play with the toys.
Believing the then 10-year-old boy — the third child alleged to have been abused by Borders and who also previously gave testimony in the trial — had osteogenesis imperfecta passed on to them from Borders, Badowicz said he only learned from Borders three months ago that that was not true. He said Borders told him they couldn't complete genetic testing for the 10-year-old boy as his biological father would not consent to the testing.
Badowicz told the court he believed the 7-year-old girl had osteogenesis imperfecta as well. Asked if she was in a cast, he said she was not though she was in a neck brace for about a month after falling off a rocking horse. He said he learned of the injury from her and Borders and she was around 6 years old at the time of the injury, Badowicz recalled. That was the only time he saw her in a neck brace.
Badowicz said the 7-year-old girl used hearing amplifiers and Borders told him they were prescribed. A hearing amplifier is an over-the-counter hearing aid that is not tuned to the person, as described by an .
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He said the first time he could remember the then 10-year-old boy in a cast was when the boy was about 2 years old. He recalled the boy getting more casts around the time he was in kindergarten.
Badowicz said the boy was in a gait trainer around kindergarten and then in a wheelchair after the gait trainer. He said the boy only used them when he had a broken leg, and he remembered seeing the boy use them around the home.
He said the 10-year-old boy was able to play with others and in the tree house with no restriction, as Badowicz wanted the children to make their own decisions on their capabilities throughout life.
Badowicz said he took the 10-year-old boy to get his cast removed and recalled meeting the doctors a few times, as he owned his own construction business and would work from 7 a.m. to around 5 or 6 p.m. Monday through Friday.
He said he would occasionally take the 9-year-old boy to get his hemoglobin checked on Monday mornings. Badowicz said the boy got the checks from about 2021 to 2022 and Borders would be the one who usually took him, which was weekly.
When the 9-year-old boy was hospitalized, Badowicz would typically go to the hospital for the first three to four days and then would need to return to work, but would come back on the weekends as Borders was there.
Prior to May 2019, the 9-year-old boy was healthy, then everything started to change and he went downhill fast, Badowicz said. The boy had issues with food and they struggled to get his weight back up.
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At home the 9-year-old boy would receive three nutrition bags a day.
Asked if the kids snuck food, Badowicz said he thought they did, but could never be sure. He said he would notice things in the pantry would be moved. He said there were no restrictions on food at home and everyone was welcome to whatever they wanted.
Badowicz said around 2021, the 9-year-old boy was not walking and at one point remembered seeing the boy with purple feet. He also recalled the boy experiencing pain when his feet were touched. Badowicz said the boy did not walk for a long time and would get around the house by scooting on the floor or being carried. In public they would carry him or use a stroller.
After being asked if the 9-year-old boy was ever diagnosed, Badowicz said he believed so but could not remember the name of the diagnosis.
Russell then asked Badowicz if it was mitochondrial disease. Badowicz said that sounded about right and then told the court how he was in a teleconference call with Borders and the doctor when the doctor told them the news. are a group of genetic conditions that affect how mitochondria in your cells produce energy. Badowicz said he believed the diagnosis was made around late 2021 or early 2022.
Russell asked about concerns of weight with the 9-year-old boy. Badowicz replied there were no concerns, they just kept an eye on it.
Russell then inquired about concerns of the boy dying in 2021 and 2022. Badowicz said Googling the diagnosis did not give good results. Both he and Borders talked with one another about concerns they had about the diseases or infections being fatal. Badowicz said they were both concerned.
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Badowicz said he would often have friends over to the house, though the frequency changed with the COVID-19 pandemic. He said friends came over more than their family did.
Talking about schooling, Badowicz said the 7-year-old girl and 10-year-old boy were doing well at school and believed the boy advanced a few grades. He said the 9-year-old boy struggled in school as he could not retain the information, just like himself, Badowicz said.
Badowicz said when Borders was a PCA for the 9-year-old boy, he was the responsible party and would sign off on work completed on the time cards. He would also talk to the agency when they called for updates.
Russell asked Badowicz if he recalled talking to Advantage PCA Services in July, August or October of 2022. He said he did not believe he talked to them then, as he told them their services were no longer needed around May, when the boy was in the hospital.
Badowicz recalled taking the three children to one charity event with Borders in October 2021. He told the court he did not care much for charity.
Asked about the shopping spree at Scheels in January 2022, Badowicz said he did not know of the event and was not told about it. He then identified the 9-year-old boy and 7-year-old girl in photos of them at the store for a Wishes and More shopping spree, but denied knowing of the event.
In cross-examination, Borders’ attorney Mark Hansen asked if the 9-year-old boy was supposed to go to Scheels, as COVID had postponed a fishing trip. Badowicz said it was possible but did recall hearing of the fishing trip.
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Badowicz said he did not commit fraud on Borders' time cards and reiterated the children had toys to play with. Badowicz said there was always plenty to eat in the home. He said he would talk with doctors on the phone and the children would have the same meals he and Borders would eat. There were also no problems with the children eating vegetables.
Badowicz said he would help the children get into the car on Monday mornings when the 9-year-old boy had to go for the weekly hemoglobin checks. He said he never saw Borders take blood from the boy on Monday morning before going to the appointment.
In redirect, Russell asked about the work Borders was supposed to accomplish as the boy’s PCA. Badowicz said she would take care of his feeding lines and IVs, along with attending to his daily needs. Asked how that was verified, Badowicz said the boy would have been much worse had Borders not done any of the work.
Russell then displayed the PCA client follow-ups and asked why, if he had told the company they were no longer needed, their follow-ups with him in July, August and October of 2022 indicated he had talked with them and told them the boy was still in the hospital and they had no update on a release date. The boy left the hospital June 14, 2022.
Badowicz told Russell he believed that question had nothing to do with his wife's case, so at this time, he would be following his lawyer's advice and would be invoking his Fifth Amendment right against self-incrimination by answering the question.
Hearing he wanted to consult legal counsel, Aanes told Badowicz to come back to court at 1:30 p.m. to continue his testimony. After the break, Badowicz returned to the court and told Aanes he consulted with legal counsel and was prepared to continue with testimony.
Putting the documents back on the screen, Russell again asked about conversations with Advantage PCA Services in July, August and October of 2022. He told the court he did not recall those conversations with the company. He said the last conversation with Advantage PCA Services he recalled was on May 9, 2022.
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Russell then inquired about Badowicz helping Borders load the car with the kids on Monday mornings for the 9-year-old blood draw appointment. Badowicz said he would load the kids in Borders' vehicle around 7 a.m., as the 9-year-old boy's appointment was around 8 a.m. He said after loading the kids in the vehicle, he would then leave the home for work. Badowicz said Borders had told him the appointment for the 9-year-old boy's hemoglobin checks were at 8 a.m. Russell then asked if he was aware multiple medical records indicated the appointments were at varying times on Mondays. Badowicz said he was not aware and “it is what it is.”
Following his testimony and a bench conference, Russell told the court the state was attempting to lay the foundation for impeachment of Badowicz’s testimony. In the context of a trial, of discrediting a witness's testimony by showing their credibility is questionable or that they are not being truthful. Aanes told her the witness answered he did not remember the calls to the PCA agency.
Adoptive parents speak of recovery
Russell called Dirk Apel, the adoptive father of the then 9-year-old boy and 7-year-old girl, to the stand. The family fostered all three children when they were removed from Borders' care. The 10-year-old boy was eventually placed with his biological father.
Dirk Apel said he first met the boy when he picked him up from the hospital with his wife. At that time, they were authorized medical foster parents for Minnesota. He said the boy still had his tubes and IVs in when leaving the hospital.
He said the boy was able to eat solid foods and would still receive nutrition from his tubes. Dirk Apel said it was months before the boy was able to eat without throwing up his food but it did not stop the boy's desire to eat.
Dirk Apel said when the boy first came to the house, they were under the impression he could not walk, until a few days later when his wife was awoken during the middle of the night when he walked into their bedroom to sneak some of his wife's soda.
He said it was about a year before he noticed the boy’s behavior starting to improve. He also said the 9-year-old boy’s maturity level was about a 4-year-old and was unable to spell “cat” when he first came to the home.
The 7-year-old girl was calm, fragile and quiet when she first came to the house, Dirk Apel said. Asked if she was still quiet, Dirk Apel said with a smile she was not. He said her maturity level was about the same as the 9-year-old boy’s, but she was able to read.
He said the then 10-year-old boy was outgoing and talkative but struggled with reading and writing. And although homeschooling had him going into the seventh grade, he was placed in fifth grade, appropriate for his age at the time.
Dirk Apel said the 10-year-old boy believed he had osteogenesis imperfecta when he first came to the house. Though he was told he did not have the disease, it wasn't until he fell down one day, he stood up and said, “Well, guess I don't have it after all.”
Dirk Apel said it was not until January 2023 when the kids started opening up to them about what happened under Borders' care. He said when the kids would tell them things, they would relay that information to social services.
The children trusted men over women, Dirk Apel said. He said one day when the 10-year-old boy was telling them about Borders casting him with casting materials she had taken, stealing food for his brother and being left outside in the cold for hours, the 7-year-old girl came out of her room, bawling and just let everything loose.
Dirk Apel said they never asked the children what happened, they just naturally started telling them.
While still bringing the children to supervised meetings with Borders and Badowicz before they gave up their parental rights to the children, he said the 10-year-old boy told him Borders had instructed him, while she was hugging him goodbye, to complain of a toothache.
Dirk Apel said both the 9-year-old boy and 7-year-old girl have made amazing progress in the three years since they came to stay with them, both in health and in academics.
In cross-examination, Hansen asked if the children still go to the doctors, and Dirk Apel said they go for their yearly checkups but not much else.
Minnesota Assistant Attorney General Dominika Kins then called Leah Apel, the adoptive mother of the 9-year-old boy and 7-year-old girl, to the stand.
She said when the 9-year-old boy first came to their home, he was angry, slept a lot due to the meds and would throw up after every meal. Leah Apel said it was a good couple of months before he started eating without throwing up.
She said the 9-year-old boy was initially scared to death of taking a bath and when he first arrived at their home, she said his teeth were basically rotting out of his mouth.
Though he originally came home from the hospital with around 13 different medications, the doctors saw enough progress to no longer require any of them.
She also recalled the 9-year-old boy sneaking into her room a few days after arriving at their home to grab her soda. She later told him to go and grab his own out of the fridge and recorded video of him walking. The video was accepted into evidence.
Leah Apel reported the 9-year-old boy was not happy about having to do Zoom visits with Borders.
She said when the 7-year-old girl came to stay with them, she had no understanding of what was real and what was make-believe.
Leah Apel said the children took a while to trust her, but were quicker to trust her husband.
Others provide testimony
Kins called Jamie Viger, who works for the Minnesota Department of Human Services. Viger said she works in provider enrollment in the Medicaid program.
Viger said during the COVID pandemic, it was the first time the state authorized parents to be PCAs as the state was looking to free up the workforce and they wanted to keep people from needing to go into others' homes.
She went over Borders’ PCA application from Oct. 28, 2021, and said the state keeps those records so they know where the money is going. Viger said part of the onboarding process goes over training for Medicaid fraud and indicates the employee is now a mandated reporter. She said the state also keeps track of all times and payments in their system.
A state spreadsheet showing all claims for the 9-year-old boy was received into evidence and showed Borders was paid $28,521.60 during her time as a PCA for the boy.
In cross-examination, Hansen asked Viger if she trusted the county assessors who were processing the PCA request. She said she did.
Kins then called Lucy Arnaud, a Yahoo! Senior legal analyst and records custodian, to the stand.
The state showed the court subscriber information for Kendra Bollig, whose email address was used to sign the Borders family up for charitable organizations. The recovery email address for the Kendra Bollig account was Borders’ email address.
Russell then called Shannon Shaw, a nurse practitioner at Family Advocacy of Northern Minnesota, to the stand. She said they focus on child and teen violence and she does the medical exams and forensic interviews.
Shaw talked about how they are trained to pay attention to the response, words used, how something is communicated and emotions during a response. The interview is also done without any leading or suggestive questions, as they want to get accurate information in a child's own words.
Shaw said a child can opt out of any part of the interview as she and her team do not push for disclosures. And said it was common for this to happen as sometimes they are not ready to talk about what happened or nothing happened.
She said during the first interview of the 7-year-old girl and the 10-year-old boy in June 2022, they did not disclose anything. In November 2022, during the 9-year-old boy's first interview and the 7-year-old girl and the 10-year-old boy's second interviews, they did disclose what happened to them at Borders' house.
When attempting to have the interviews accepted into evidence, Hansen objected to the state only putting in the second set of interviews, as it would be an incomplete record.
Aanes heard arguments from both the state and defense on whether to allow the evidence. She took both under advisement and would make a decision Thursday morning.
Borders’ charges
Borders was , with three serious felony counts of child torture and three felony counts of stalking following a child maltreatment investigation by the Crow Wing County Sheriff’s Office.
On Dec. 1, 2023, she was also charged with . That was the second time the . In March of 2023, Borders was also charged with four counts of felony theft related to fraudulently obtaining money for medical costs.
The Borders allegedly tortured her three young children through actions like withdrawing blood, forcing them to wear casts and neck braces despite not having injuries, and inflicting frequent physical abuse as punishment.
Doctors from multiple health care systems — puzzled by one of Borders’ children’s unexplained health problems over the course of three years — began to share similar and troubling suspicions of abuse.
A filed by the sheriff’s office detailed extensive efforts by professionals to settle on cohesive diagnoses for the child before Borders’ arrest. While a litany of surgeries, procedures and unusual test results failed to clarify the then 9-year-old boy’s conditions, it led to speculation about Borders’ role in causing or fabricating his illnesses.
The then 9-year-old wasn’t the only child affected by Borders’ alleged abuse.
The criminal complaint outlining the charges filed against Borders revealed she self-diagnosed two of her other children — an 11-year-old boy and an 8-year-old girl — with osteogenesis imperfecta, known as brittle bones disease. At the time, Borders’ Facebook profile showed references to the disease in relation to her children dating back to at least 2016.
The children’s interviews with authorities included descriptions of other kinds of physical and emotional abuse.
Crow Wing County placed the 9-year-old in protective custody in May of 2022. Community Services monitored the care of the other two children before they were removed from the home in July. Borders was not allowed unsupervised contact with the children after their removal. With the criminal charges filed against Borders, one of her conditions of release barred her from contact with anyone under 18.
Borders and her husband later agreed to terminate their parental rights in a December 2022 court hearing.
TIM SPEIER, staff writer, can be reached on Twitter @timmy2thyme, call 218-855-5859 or email tim.speier@brainerddispatch.com.
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