Man convicted of killing teacher’s aid husband to get new hearing

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A man convicted as a teen of killing the husband of a teacher’s aide will be allowed an evidentiary hearing to modify his prison sentence, according to a ruling from the Court of Appeals IV.

Michael Maldonado, then a teenager, was convicted in April 1995 of first-degree intentional homicide, as party to a crime. The evidence at trial showed Maldonado, Douglas Vest and Joshua Yanke shot and killed Ruben Borchardt in his rural Jefferson County home. Ruben Borchardt was going through an acrimonious divorce with his wife, Diane Borchardt. A teacher’s aide at a local high school, Diane Borchardt told Vest, one of her students, that she would give him her engagement and wedding rings, two vehicles and $20,000 to kill her husband. The day before the planned murder, she gave Vest $600.

According to court documents, Vest enlisted the help of his cousin, Maldonado, and a classmate, Yanke. Vest and Yanke were 16 while Maldonado was 15. All three were tried separately. At Maldonado’s trial, Vest and Yanke testified that he took the gun and led the boys’ way into the house. Vest testified that Maldonado shot Ruben Borchardt and Yanke, who was outside when the shots were fired, said Maldonado was carrying the gun when he exited the home.

At his trial, Maldonado denied any involvement with the crime, testifying he was at home sleeping at the time of the murder. The jury found Maldonado guilty of first-degree intentional homicide, as party to a crime, and was sentenced to life in prison with a parole eligibility date of April 3, 2044. At sentencing, the state emphasized that Maldonado shot Borchardt.

Diane Borchardt was found guilty of conspiracy to commit first-degree intentional homicide and sentenced to life in prison without the possibility of parole for 45 years.

In December 2022, Maldonado moved to modify his sentence based on a new factor: Yanke and Vest admitted their trial testimony regarding his role in the murder was false. Vest was released on parole on Dec. 14, 2021. Yanke was released on parole in 2006.

The circuit court ordered an evidentiary hearing and a briefing schedule. Maldonado said he had four witnesses to testify at the hearing. On the day before the hearing was scheduled, the court said it would not hear evidence and it would instead address the parties’ briefs and arguments and set a hearing if appropriate. At the hearing after arguments from the parties, the court denied Maldonado’s motion. The court said he did not present any new factors and even if Maldonado had presented new factors, they did not justify a modification of his sentence.

Maldonado appealed, arguing an evidentiary hearing should have been held. The Court of Appeals agreed with Maldonado, writing the court has the authority to modify criminal sentences in certain circumstances, including when the defendant has demonstrated the “existence of a new factor.”

Maldonado argued the sufficiently alleged facts would entitle him to a modification of his sentence and that the court erred in denying his motion without an evidentiary hearing. In this case, the new factor is that Vest admitted that it was he who shot Ruben Borchardt.

In support of the new factor, Maldonado submitted several documents, including a letter he received from Vest in 2019. Vest offered to help Maldonado out, writing “I’m against a new affidavit for one reason but if you can get me called to court for clarification on information it will come out that I was the ‘triggerman.’”

Maldonado also had an affidavit from Adan Casatellano, who was in the same cellblock as Vest from 1999 to 2001. “Vest told me that Maldonado did not have anything to do with the death of Diane Borchardt’s husband. Vest said he blamed Maldonado when he got caught up with it. Vest told me that he thought that because Maldonado was young, (he) would only be held until he was 18 or 21, which was just a couple of years. Vest told me he was the one who shot Diane Borchardt’s husband.”

The Court of Appeals agreed that Vest’s admitting he was the shooter is a new factor and that Maldonado is entitled to an evidentially hearing on his motion.