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
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.
So why did she lie?
Last week I posted the testimony of Leslie Fain. Below is the testimony of Stacy Weaver. His story has been vetted and he remains steadfast in that he saw Leslie, Jesse, and her brother the morning Chad was killed. How is this possible? This is the very time she claimed to be at home watching Chad leave to his fate. Why did she omit this early morning outing? What was she doing?
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?