Good News

Ken Andersen communicated with me over the weekend and here are some of the things he had to say: “John, at the hearing the judge wanted to know if my issues in my petition were actually new evidence and if they were, would it get me past the clear and convincing standard of actual innocence which is needed to even have my petition heard. The state said I should have known about the bullet casings at the crime scene as early as late 2014. As such, I only had until late 2016 to use due diligence to find them and file my petition. From time to time an issue can be reasonably raised in a two year period. File after that time, it will be time barred unless you meet some exceptions or the interest of justice requires it to be reviewed. Zach (his lawyer) knew my facts about issues and made a very compelling argument and backed it up with some case law that supported my petition. Essentially he told the judge if you outright deny my petition without holding a hearing he would be abusing the court’s discretion and based on a MN-S-Court’s ruling in State V Wilson, it will get reversed. The judge took a few minutes and asked Zach if he thought we would be able to get my hearing done in a day? Zach thought we could. Long story short, by the judge’s tone and words it very much appeared he was granting my evidentiary hearing. After that I said some things about the missing police reports, cig butts, etc. The judge said would take our arguments under advisement and issue an order. At best he has 90 days to make that ruling. While walking back to my unit, my caseworker (who was sitting in on the hearing) told me that it appeared I was getting a new hearing. All in all, I feel Zach did great and I feel good about the hearing.”

More when I get any updates.

New Appeal and New Evidence: Gun shells, Cigarette butts, and a Red coat

This past week Ken’s attorney filed a new petition in court with new evidence and more proof Ken Andersen is innocent and should be granted a fair trial with ALL of evidence shown to a jury of his PEERS. Read the proof for yourself:

Affidavit of Service

Memorandun of Law in Support of Petition for Postconviction Relief (3-20-2020)

Petition for postconviction relief (3-20-2020)

Andersen Postconviction Exhibits

 

 

April 13, 2020

I spoke with Ken Andersen today on the phone and he was emotional and down, as this is the anniversary of the death of his friend, Chad Swedberg. They were business partners and close friends even up to the day Chad was killed. Ken was wrongly convicted of his death and is serving a life sentence. That doesn’t change the fact Ken still grieves over the loss of his best friend. There is an old Native custom of putting tobacco outside to honor the memory of the departed. Ken asked me to post this and ask as many of you as possible to do this to remember Chad and his life. I would ask you to also remember that the wrong person was punished for this crime and the true killer is still out there, enjoying life, getting away with a murder.

Update for 2019 and New Evidence

2018 closed with Ken Andersen still wrongfully imprisoned for a crime he did not commit. However, 2018 saw the state of Minnesota granting Ken a new hearing and new evidence was introduced to prove he is innocent. He is currently awaiting the Judge to rule on the following petitions. Of course, the state’s argument is that their theory and the mislead jury is infallible and anything else is a lie. Here’s the entire proceeding. Take the time and see for yourself.petitioner’s post-hearing memorandum

motion to reopen record and expand record

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andersen exhibits 1 of 3

andersen exhibits 2 of 3

andersen exhibits 3 of 3

Ken’s Hearing- Oct 23

On Tuesday of this week, Ken Andersen appeared back in court to introduce new evidence that he is innocent of the crime of murder. I spoke with him on the phone Wednesday, and Ken thinks the hearing went very well. He and his attorney, were able to bring to light many new facts that add to a pile of evidence he is not the person responsible for Chad Swedberg’s murder.

This is a long process and very difficult to accomplish. If any of you are watching season 2 of Netflix’s “Making of a Murderer”, it is easy to have reasonable doubt either of those men committed that crime. In spite of a world wide audience that is convinced of their innocence, they both remain imprisoned. Ken’s situation is no different. Many people want to always give law enforcement the benefit of the doubt, and this is what occurs when all they desire is a conviction at any cost.

Ken outlined the process that is happening now, and believes he should hear an ultimate ruling in about five months. The media was mostly silent this week, except for Kevin Wallevand, at Channel Six in Fargo. Here is the interview he gave with Ken’s mother, Geraldine Bellanger.

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Reward

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This blog tells the story of how Kenneth Andersen was wrongfully convicted of the tragic murder of Chad Swedberg in White Earth, Minnesota. It contains police reports, police recordings, witness statements, and legal briefs that give in great detail how this came to be.

Currently, Mr. Andersen has an appeal before the State Supreme Court and is waiting a decision. One of the most difficult chores in telling this true story has been getting people to talk. Jurors and members on the community shun any publicity in fear of retaliation from authorities. Thank God for the brave souls who have come forward and shone a light on the truth of this awful crime. Ken and his family have asked me to offer a reward for information.

Starting today, Ken and his family guarantee a $5000 cash reward to anyone who comes forward and gives information that leads to Ken’s conviction being overturned and his ultimate exoneration. If you or someone you know has information about Chad Swedberg’s murder, that leads to Kenneth Andersen’s wrongful conviction being overturned, Ken being exonerated and set free, please do the following:

Contact me – John Bucher – at this blog. Under “comments” leave me a message of what you know and how to reach you. Your information will be kept confidential and not published. 

Or 

Call Geraldine Bellinger at 218-204-0374

The State Responds to Ken Andersen’s New Evidence

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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.

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Kenneth Swedberg’s Story

Here is Kenneth Swedberg’s version of what he remembered the morning his brother was murdered. You can also listen to his interview on this blog. See 2-16-15. One of the many things that is remarkable is that he doesn’t know who might have done this. Ken Andersen was not a suspect during all these interviews. He only became a viable suspect when law enforcement decided he was, no one else did.

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