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.

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.

KA 1KA 2KA 3

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?