JEFFERSON COUNTY, Wis. (WKOW) — Michael Maldonado, 46, is set to appear in court for an evidentiary hearing Friday. Maldonado was convicted at age 15 in a 1994 murder-for-hire scheme and is serving a life sentence for first-degree intentional homicide in the death of Ruben Borchardt.
"Mister Maldonado is saying that when the judge sentenced him, the judge at the time, Judge Irwin, sentenced him harshly because she viewed him as the person who pulled the trigger and killed the victim," says Chris Wan Wagner, a Dane County attorney and expert in criminal defense. Van Wagner is not a part of Maldonado's case.
A March 2025 decision from the District 4 Court of Appeals revealed details of the case involving Diane Borchardt, a teacher's aide. She allegedly promised her student, Douglas Vest, her engagement and wedding rings, two vehicles, and $20,000 to kill her husband during their divorce proceedings. Vest brought his cousin Maldonado and classmate Joshua Yanke to the Borchardt home in rural Jefferson County.
Originally, Vest and Yanke accused Maldonado of firing the gun that killed Borchardt, resulting in shorter sentences for themselves. In 2019, Vest sent Maldonado a letter offering help and stating he would admit to being the triggerman if called to court.
"It's a very unusual situation where the key fact that the judge relied on its sentencing is now clearly disputed by two witnesses who will testify under oath. That's a tough job for anybody. It's going to be really tough for Judge," says Van Wagner.
An affidavit from fellow inmate Adan Castellano claims Vest confessed to the crime. "Vest told me that he was the one who shot Diane's husband. He said he had to do it because Yanke was a coward," Castellano stated.
The hearing is scheduled for Friday morning. Maldonado will be present and his defense plans to call up to four witnesses. The hearing will determine if the new evidence is sufficient to reconsider his life sentence.
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