In Episode 6 we discuss the “MOTIVE” police hatched to pin Chad Swedburg’s murder on Ken Andersen. Feel free to contact Ken directly at Jpay.com – Kenneth Andersen – #226526, or write to him at Kenneth Andersen # 226526, 7600 525th Street, Rush City Mn 55069.
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:
Memorandun of Law in Support of Petition for Postconviction Relief (3-20-2020)
Petition for postconviction relief (3-20-2020)
Andersen Postconviction Exhibits
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
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.
New Hearing for Ken Andersen
On October 23, 2018, a court will hear and render a decision, after hearing evidence that Ken Andersen is not guilty of the murder of Chad Swedberg. Let us pray that this leads to Ken’s freedom and exoneration. The sad part will be that the authorities got the wrong person and allowed the murderer to go free. Here is the order for a new hearing.
Leslie Fain’s Story
This sad story has always begun and ended with Leslie Fain. She is the one who first reported her husband’s death and called 911. She was the first story investigator’s talked to and gave them them her opinion of her and Chad’s life. The following pages show how she didn’t like Kenneth and Lisa Swedberg, how she admits the stress Chad was under with her own family crowding into live at their house, and how she worried Chad and Al Baker’s maple syrup stand might be in trouble since they didn’t own the land it was on. Leslie gives an “account” of what happened on the morning he was slain. I used quotes, because later it was discovered she wasn’t telling the whole truth and skipped some things that would put herself in jeopardy. She even implicates Kenneth Swedberg in the murder. Leslie spins another tale of how Chad was going to buy a green house. At first she claims they were not having financial difficulty but later her bank statement show dozens of bounced checks, so buying anything would prove to be a problem. They were found to be borrowing money to make their past due mortgage payments as well. Leslie gives several bogus “accounts” about the sale of the infamous Tikka rifle. After reading these four pages, how could she be trusted to give any account that could be used in court is beyond belief?
Prosecutorial Lies To Railroad Ken
If you have read the latest petition telling how Ken Andersen was wrongly convicted for the killing of Chad Swedberg, you may have questions about whether or not these new claims can be backed up. They can and I will offer you proof. Here are some of the issues that caused the lies surrounding the prosecution’s case against Ken.
- Ken charged that the media, particularly the Detroit Lakes News, had reported that Ken had shot Chad before he even had a trial, which polluted the jury pool. One of the headlines was “Prosecutors say Andersen Shot Swedberg in back on April 13”. The DA responds by saying there is no proof the paper ever talked to an actual prosecutor. What? Do they think the local paper lied about this? They need proof that the information came from a prosecutor? No matter that the headline has already prejudiced the readers. Here’ the exhibit. The media literally saturated the small community with “news” that Ken was guilty without even having a trial. Guess what? It worked.
2. Page 292 also begins the DA’s response to the claim they were eavesdropping on Ken’s telephone conversation’s with his attorney, which is illegal. They emphatically deny they are doing it. Pages 293 and 294 continue their denial of these allegations.
3. The next page is the DA’s response to Ken’s charge that key witnesses have been ordered not to cooperate with Ken’s investigator, which would help cripple his ability for a capable defense. The DA’s response is once again to deny they did anything wrong.
All of these answers by the Becker County DA have been proven to be lies. I will post proof of this and show that Ken Andersen did not get a fair trial and deserves to be retried or set free. One thing that will be clear is that he is innocent of this crime and should not be in prison. He was definitely framed. I will post more on Wednesday, October 19.
Ken Swedberg’s Words
On Wednesday I posted the words of Ken Swedberg, Chad Swedberg’s brother and neighbor, about the events of April 13, 2007. Let’s take a careful look at his account of that morning. Of all the ones who took the stand against Ken Andersen, you might think he would be the one who just wanted justice for his brother’s murder.
After a detailed family history that includes the land deals the family was engaged in, Ken S. talks about the night of April 12. He says that Chad came over with Jesse Fain about 8pm to look at some maple syrup Ken S. had. He says they were just talking shop about the syrup business. He does admit they have argued and fought as brothers might do. Ken S. talks extensively about his bee business for a while as the prosecution gets around to the morning of April 13.
Ken Swedberg says he got up early and went out to stir the syrup for 5-10 minutes and watched his daughter Megan get on the bus at 7:40am. He also sees Thomas Covington get on the bus. He was about to “take off” by tieing down his truck, and making some sandwiches. Now here is where it gets weird. The prosecution fast forwards two hours and twenty minutes ahead to when Leslie Fain calls him from where Chad lays dead.
Ken, what were you doing for 2 1/2 hours? They prosecutor never asks. They go immediately into the arrival of EMT’s and Police Officers.
Ken Andersen actually does have an alibi and a blow-by-blow account of what he was doing that morning. It was verified by the investigators as they attempted to tear it apart. It seems very odd that the Police gave Leslie Fain, Al Baker, and Ken Swedberg a free pass when it came to the time from 7:40am to 9:58am.
The next thing that occurs is they let Ken S. ruin the crime scene.
Poor Mr. Durkin tries to ask about the conditions of the ground that morning, the strange way Thomas Covington was dressed, his hurry to catch the bus, and the death threats Covington made against Chad, but is quickly shut up by Zdrazil and the judge.
By keeping tight lid on the information the jury could hear, the case against Ken Andersen was still extremely weak, and we still don’t have more answers as to what really happened that morning. We do have more questions.
1. When was Chad really killed?
2. Where was he killed?
3. Why was he killed?