Ketcher's statements

admissible, judge rules

By KURT NESBITT

Journal Staff Writer

NEW ULM -- James Robert Ketcher is going to trial after all, ruled Brown County District Court Judge John R. Rodenberg recently.

Rodenberg determined that both statements Ketcher made to investigators during their search for Edwin "Speedy" Saffert's killers are admissible as evidence in court.

The reason, say Brown County court documents, is that Ketcher wasn't in police custody when he did his first interview with the BCA on Sept. 17, 2002, in Springfield. The ruling said the interview "was conversational ... there was no indication that he was compelled to be present."

Ketcher returned a day later. By this time, investigators had enough evidence to establish him as a murder suspect and the 28-year old Springfield man was advised of his rights and made a statement anyway, Rodenberg wrote.

Ketcher's attorney charged that Ketcher was unable to remember that interview because he was taking pain medication for a knee problem. Rodenberg found that statement true but determined, based upon both video and audio tapes of the interviews, that he was able to carry on a conversation and understood his rights.

"Obviously, it's disappointing but we'll go on with the defense in spite of the ruling," said attorney Robert Docherty of New Ulm.

Brown County Attorney James Olson said the judge's decision was appropriate.

"In the first interview, he wasn't in custody. In the second, they read him his Miranda rights. They did what they were supposed to do and the court so found," said Olson.

Preparations are now underway for a trial. Ketcher will stand trial by himself rather than with co-suspect Daniel Pena because of the conflicting nature of each other's cases. They both accuse each other of actually killing Saffert although they admit they were at the scene of the crime and went there originally to rob the 79-year old Springfield man.

Olson said he expects to subpoena about 20 different witnesses for the upcoming trial and plans to produce evidence gathered and analyzed by the BCA.

Docherty revealed little of how he plans to defend Ketcher against the first-degree murder charges, saying "you have to play the cards close to your chest."

Court documents said Ketcher is expected to go before a jury next month.