歪歪漫画

BRAINERD 鈥� Jorden Nicole Borders, the 34-year-old Crosslake woman on trial for torturing her three children, was found guilty on all criminal charges Wednesday, June 4, in Crow Wing County District Court.

Borders was found guilty by Judge Patricia Aanes on all 11 counts in which she was charged 鈥� one count of first-degree attempted murder, three counts of child torture, three counts of stalking and four counts of theft of medical costs.

Contributed / Crow Wing County Jail

Borders was taken into custody and her bail was revoked following Wednesday鈥檚 verdict. Sentencing is scheduled for 1:30 p.m. Aug. 7.

Borders, dressed in black, sat looking straight ahead after entering the courtroom prior to the verdicts being rendered. Seated next to her attorney, Mark Hansen, Borders did not display outward emotion after the verdict was read. A small group of people sat in the last rows behind her, including her husband, Christopher Badowicz, who was seated in the first row behind her.

Borders鈥� young children, accompanied by adults, sat in the front row behind the prosecution table. Family members and supporters, including a row of teachers, nearly filled the wooden bench seats behind the prosecution. Some had their heads down and hands clasped in anticipation before the verdict was read aloud. There was an audible intake of breath when the guilty verdict on the first-degree attempted murder charge was read at the end of the 11 counts.

While the counts of child torture were being read aloud, Badowicz could be seen shaking his head slightly.

After all the charges were read, Minnesota Assistant Attorney General Mary Russell asked the court to revoke her bond and to remand Borders into custody.

Hansen asked for an interim commitment 鈥� a temporary or provisional commitment order while waiting for competency evaluations and sentencing. He said he was concerned for her safety, noting the last time she was in Crow Wing County Jail, she was in solitary confinement. He added that presentencing evaluations can be done at the Minnesota Correctional Facility-Shakopee.

Aanes said she saw no reason to send Borders to Shakopee prior to being evaluated and sentenced, and asked the prosecution and defense if they were ready to proceed with arguments for aggravating factors on the three charges of torture and one charge of attempted murder.

Russell went through the document she submitted to the court outlining the factors for the particular vulnerability of the three children, as related to the child torture charges, and the particular cruelty of the 9-year-old boy, as related to the attempted murder charge.

She argued that Borders was acting in a parental role for all three children and the torture of the children happened in the presence of one another. Speaking on the particular cruelty of the 9-year-old boy in the attempted murder charge, Russell said the boy was too young to flee or get help while under the Borders鈥� parental control.

Russell told the court there were a substantial number of factors to corroborate the cruelty requirements for an upward departure in sentencing for the charges of child torture and attempted murder, and the state met those requirements.

Hansen told the court his client does not agree with the findings. He said he could not see what she had done as being more cruel than someone shooting or running over another person and that the court should rule against the upward departure in sentencing.

At the end of the hearing, Borders stood and was handcuffed. After the judge left the room, some people applauded briefly. People could be heard cheering from the hallway outside the courtroom.

Hansen told the Dispatch that Borders is looking forward to appealing the ruling. Though it was not the result they were looking for, he said, he was pleased to see the Constitution being upheld and the rule of law being applied freely.

Visibly upset by the ruling, Badowicz said he had no comment.

鈥淚 think she did the right thing, the judge,鈥� said C. Abrahamson, grandmother of Borders鈥� oldest child, not one of the children who was a victim in the case. 鈥淛ustice will be served. She鈥檚 not going to be able to hurt anybody anymore.鈥�

鈥淭hese kids deserve way better,鈥� she added. 鈥淚 think they got that today.鈥�

After a 2009 motion and affidavit were filed with the court, a judge awarded temporary sole physical custody of her first child to the father. Abrahamson said her family was grateful Borders wasn鈥檛 allowed to be near that child and they could protect him from what the younger children went through. She said her grandson was heartbroken for them.

鈥淎fter getting five children taken away from her, she still hasn鈥檛 changed,鈥� Abrahamson said. 鈥淢any people have called social services over the years, and why more wasn鈥檛 done 鈥� I鈥檒l never understand.鈥�

Borders requested a bench trial instead of a jury trial, which meant Aanes would be deciding the verdict. Borders鈥� trial started May 12 and featured two weeks of testimony by witnesses for prosecuting attorneys Dominika Kins and Russell, both with the Minnesota Attorney General鈥檚 Office. Borders鈥� defense attorney, Hansen, called no witnesses to testify.

Crow Wing County Attorney Don Ryan referred the case to the state Attorney General鈥檚 Office, and the case was tried jointly by the Attorney General鈥檚 Office鈥檚 Medicaid Fraud and Criminal divisions.

Assistant Crow Wing County Attorney Janine LePage said it鈥檚 always hard to turn a case over to another attorney but she was pleased to see justice brought in the case.

Russell and Kins referred any comments after the court proceeding to the state office. In the afternoon, Minnesota Attorney General Keith Ellison released a written statement.

鈥淭he facts we proved in court are nothing short of horrifying. It strains the imagination and breaks my heart into pieces to think about the torture and anguish 鈥� physical, mental, and emotional 鈥� that Borders inflicted on her own children. I ask every Minnesotan to join me in praying for these children鈥檚 healing,鈥� he said.

鈥淚 am glad we have the tools under the law to hold Borders fully accountable, and I am exceedingly proud of the talented team from our Medicaid Fraud and Criminal Divisions that did so. I am also very grateful for the partnership of the Crow Wing County and Stearns County Attorneys鈥� Offices and for the hard work of all the agencies that investigated these horrific crimes.鈥�

Ellison also extended a special thanks to Stearns County Attorney Janelle Kendall and her office for permitting the trial team to use the Stearns County Attorney鈥檚 Office鈥檚 courthouse facility dog, Nova. Nova provided comfort and support for the three child victims during their testimony at trial.