After requesting and getting several extensions, the State of Minnesota has finally responded to Ken’s new evidence and motion for a new trial. They title it “RESPONDENT’S MEMORANDUM OF LAW IN SUPPORT OF ANSWER TO PETITION FOR POST-CONVICTION RELIEF”. I have included the entire 57 pages of the document in this post. It should be called “The state’s inflexible “THEORY” of the same half-truths and ignoring of new evidence in order to keep Kenneth Andersen behind bars because we really don’t know who killed Chad Swedberg and at this point we really don’t want to know and have to admit we are wrong.”
They begin by calling the first section “Andersen’s Murder of Chad Swedberg”. That leaves little room for doubt that they want a judge to believe them and not consider they may have it wrong. As they tell their version of this, notice the “state”, or whoever wrote this, still admits that no one actually saw the murder, or did anyone confess to it. Since they had nothing new, they simply re-tell the same story the original prosecutor did. This is after some notable attempts at intimidation, once again of some of these witnesses.
They still claim the ATV was enough of a motive for Ken to kill his best friend. They repeat once again Ken’s activities the day of murder without ever placing him at the scene. They NEVER mention Leslie Fain’s doubling of her husband’s life insurance the day of the murder.
They still don’t know the caliber of the gun that was used. They suppose everything John MacArthur said is true and everything Ken said to be a lie.Folks, you can not arrive at the truth with this much prejudice. This type of justice will put an innocent man in prison, and let a murderer go free.
They try to squash the fact of the 911 domestic call that morning.
While they admit they wiretapped Ken’s calls to his lawyer, they claim it still doesn’t matter, no matter how illegal it is.
Some of most incredible things in this document is how they claim Al Baker’s statement he saw shell casings and cigarette butts at the scene, by saying “just because he said it doesn’t mean it happened”. They go on the dismiss Stacy Weaver’s statement saying he saw Leslie Fain the morning of the murder ( making everything else she said untrue), by claiming this all comes to late and should not be considered because it is over the time limit.
I plea with the citizens of White Earth to demand a new and fair trial and let a new jury, one with Native Americans, consider the whole truth, not just parts of it, and decide if these facts matter.
Click on the link below to read it.