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.
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.
Ken Andersen’s attorney, Zach Longsdorf, has recently filed a new petition asking the courts to grant Ken a new trial. This is the best narrative regarding Ken’s railroading at trial and tons of new evidence showing he didn’t kill his best friend, Chad Swedberg. Folks, this is explosive and needs to be shared. After all these years, I feel I have understood and tried to communicate his innocence as best I could. Zach’s petition is better written and more thorough than anything I have have been able to post on this blog. I am sharing it with all of you now and ask you read all of it. The White Earth community needs to know what happened and urge the courts to give him a fair trial or exonerate him and let him go home. The true killer is still out there and got away with this. The police need to find that person and make sure they get the right person this time. I am sharing this in two sections. The first is the Memorandum of Law for Petition Relief, which is 80 pages and tells the entire story of what went completely wrong with this injustice. I urge you to read all of it and share it with everyone you know. The second link is the outline of the petition and only a few pages. I think the White Earth community deserves to know the truth!
I urge all you readers to read this petition and encourage comments! Thanks to all of you for your support. Let’s continue to support Ken and see that he gets to come home.
American Family Insurance: RESPONDS
Recently I blogged about calling the Insurance Fraud Division of American Family Insurance and asking them to take a look at the suspicious nature of the murder of their insured: CHAD SWEDBERG. I did not have a very interested person that I talked to and she kept me on hold for almost one hour. I then wrote a letter to the CEO of the corporation. They have responded and here are their letters.
It’s hard to know exactly how far they might investigate this, Leslie Fain may see a company car coming down her drive way with some new questions. I will keep you posted!
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?
So What Happened?
White Earth is a reservation populated by the Ojibwe Tribe in northern Minnesota. A portion of those who live there are white and Chad Swedberg was one of those. White Earth is remote and wooded. On the morning of April 13, 2007, here is some of what happened. Chad woke up early, and handled a few phone calls. He was in a hurry to go work in the maple syrup stand in the woods behind his house. There is a multiple stream of conflicting stories of what else was going on. Over the next few weeks we will take a look at each statement and try to establish what happened. Just before 10 am that morning, Chad’s wife, Leslie Fain, would call 911 from a cell phone in front of her dead husband, lying on the ground by the maple stand. The 911 call was not the first call she had made. Leslie had called Ken Swedberg first, as he lived next door. He was also at the maple stand and he was the one who told her to make the call. I will not refer to the maple stand as the murder site as that exact place Chad was shot was never established.
In a few minutes the EMT’s would arrive at the house and Ken Swedberg was waiting there to transport them on an ATV up the muddy trail to the maple stand. Once there, they determined he was dead, but could not say why. It took rolling Chad over and a close inspection before they saw two bullets that entered his back.
Police began to arrive and the muddy ground was trampled over and over. They stood by and watched as Ken Swedberg would transport his brother’s body in a Bobcat front end loader back to the house and into an ambulance. No suspects or clues were found that day. None.
The police were challenged to find out two things: what happened and why?