State Attorney Mike Guinen, left, reviews evidence with prosecution witness Nebraska State Patrol Criminal Investigator Mike Dowling during the second day of the Kevin German trial Friday, July 22.

Attorneys representing Chase County and the State of Nebraska continued building their case Friday in the murder trial of Imperial native Kevin German, 26. 

German is standing trial in Chase County District Court on three Class 1A felonies—1st degree murder and two kidnapping charges.

The charges stem from the November 2019 death of Annika Swanson, 22, of Imperial.

On the opening day Thurs-day, prosecutors put Annika Swanson’s father, Monte, on the stand. On Friday, the prosecution’s first witness was Juan Delafuente.

Delafuente explained Annika is the mother of their son, Levin Gavin Swanson Juan Delafuente, now age 4. 

He explained they were in a relationship for about two years, ending in January 2019.

He said he gained custody of Levi in October 2019, about a month before Annika died. 

He said she had an off-and-on relationship with her son and he tried to involve her by messaging her with texts, pictures etc. 

A message sent from him to Annika’s phone on Nov. 12, 8:40 p.m., which showed that it was read. On Nov. 13, he sent another message and the thread showed that was received by Annika but never opened. 

Two other messages, one on Nov. 14 and another on Nov. 16 showed her phone was off and the message was never received by her. 

Annika’s boss, Angie West at Wauneta Crossroads, testified Thursday that Annika never reported for work on Nov. 14 and neither she nor her staff was able to reach her. 

According to testimony by Monte Swanson, Annika had been living at the Russell Mann residence near Enders for several months at this time. 

Delafuente said he had no knowledge that Annika was missing and possibly dead until being contacted by the Sheriff’s Office on the evening of Thursday, Nov. 21.

It was on Nov. 21 that Swanson had filed a missing persons report for his daughter, who had hadn’t seen or heard from for more than a week. 

During cross examination by Clarence Mock, one of German’s attorney’s, Dela-fuente said he was aware Annika had been living at Mann’s for three to four months but had never been then nor was aware of the activities going on at the residence. 

“She kept that away from me. All she would ever tell me is that she’s going down the wrong path. She never admitted to anything, or never confessed to me about anything besides her going down the wrong path,” he told  the court.

As Delafuente left the courtroom, he stopped to give Cheryl and Monte Swanson kisses atop their heads. The were seated in the front row of the visitor section. 

Sgt. Mueller’s testimony continues

On the first day of the trial, Sgt. Justin Mueller testified to he and the office’s response after being notified that Annika Swanson was missing. 

On Friday, the state brought Mueller back to the stand to outline actions taken on the day that Swanson’s body was finally located, Sunday Nov. 24, 2019.

He said law enforcement continued their search in UTVs across pastures and the creek north of Road 333 south of Imperial. He said Road 333 is the country road going south from the Hwy. 6-61 junction at the east edge of Imperial.

Deputy Rob Browning also went up in a plane with a local pilot to see if Swanson’s body could be located.

Since all of the search had been conducted east of Road 333, Mueller decided to follow a trail road that led west off of Rd. 333. He was accompanied by Emergency Manager Duane Dreiling. 

About 3/4 of a mile in, he said they spotted an earthen dam and an overflow tube. 

Based on previous descriptions from Keonna Carter, also a suspect in the murder, this appeared to be similar to the area Carter had described during interviews.

Mueller said when he saw the overflow pipe sticking up out of the ground on the west side of the earthen dam, he suspected that could be the hole or well that Carter described as to where Annika’s body could be located. 

On a brief inspection around the overflow tube, Mueller said he saw a clear bottle, a blue bottle cap, a clump of hair and an area on the ground that appeared to be some type of oil spill. 

He said he retreated immediately as to not disturb any of the evidence. 

They were then joined by the rest of the law enforcement contingency. 

They called a plumber from Trenton who has a snake camera used to inspect pipes. Working on the outlet side of the overflow tube on the east side of the dam, their first attempt was unsuccessful, with debris blocking the camera. 

They tried to send the camera down the tube on the west side of the dam but the camera was unable to make the 90-degree turn at the bottom of that tube.

Mueller said the obtained pvc piping, which they were able to thread through the debris on the outlet tube. The camera was then inserted into the tubing, enabling them to see Annika’s body inside the horizontal portion of the overflow outlet. 

Mueller said at that time, the scene was secured and criminal investigators with the Nebraska State Patrol were summoned. He said they arrived around 2 p.m.

On cross examination, Attorney Diane Frost, a member of the German defense team, noted the Mueller said they “he” put the body in the overflow tube.

When asked who “he” was, Mueller said he was referring to Kevin German. 

She questioned Mueller’s assumption that it was German who had put Annika in the overflow tube. 

She asked Mueller if he knew what “confirmation bias” is. He said it is a “preconceived notion something that you are 100% sure of the facts.”

She explained confirmation bias is working off an assumption and then looking for evidence that supports that assumption?

“As an investigator, is it important to keep an open mind to all things, wherever they may lead,” she asked?

She told Mueller he was working on the assumption that “he” put Annika in the overflow tube, based on what Carter had told them.

“But at that time, you were in the infancy of the investigation for the most part, and so many more facts came out as the investigation continued, correct?” she asked Mueller. He agreed, ending is testimony. 

The prosecution indicated Mueller will continue to  testify later in their case. 

Mike Dowling, Nebraska State Patrol Criminal Investigator

Next to testify was Mike Dowling of Lexington, Nebraska State Patrol Criminal Investigator.

He testified he was notified to help process a crime scene at a location south of Imperial.

Local authorities briefed him on the situation, informing him they had located Annika in the horizontal portion of the  overflow tube buried under the earthen dam.

He was joined by another NSP criminal investigator, Jeff Van Stelton, who helped process the scene and take photographs. He would testify later in the day. 

Dalton said officers completed a circular grid search from the point of the overflow tube on the west side of the dam. 

In his testimony, Van Shelton explained a nylon tape measure was tied to the top of the vertical portion of the pipe. 

Starting out from the north end of the dam, officers walked shoulder to shoulder, holding on to the tape.

They were looking for any other evidence or disturbance of the soil, such as footprints or tire tracks. 

When something was found, small numbered cones were placed at that point.

They worked their way in until the entire west area had been swept. 

Aerial drone photos were also taken by the Nebraska Game & Parks officer. 

Dowling said they collected all pertinent evidence outside the pipe as well as inside the pipe after it was dug out.

It was determined Annika’s body was not far down the horizontal tube, which was at a sharp angle from the vertical tube. 

The county brought out backhoes to dig out around the pipe on the west side of the dam.  By this time, he said it was dark and lighting was brought in.

Dalton said considerable amount of dirt was removed to get to the horizontal portion of the overflow tube. 

The horizontal tube was initially cut five feet from where it attached to the vertical portion and Annika’s body could be seen. 

Because the horizontal tube was only 18” round, he was not able to maneuver inside to remove the body. 

As a result, more excavation was completed and the top half of the pipe over Annika’s body was cut out and removed, allowing removal of the body. 

He said they collected other evidence from inside the tube including a clean vegetable oil bottle with some liquid still remaining, a sweatshirt, and glove that appeared to be soaked with some type of substance, pages of a library book with burnt edges and a red doggie poop bag that appeared to have been set on fire and melted to some degree.

Dalton said the vegetable oil bottle was clean, and had a blue ring at the top, matching the color of the bottle cap found beside the vertical tube. 

He surmised the bottle was something introduced at the scene and was not present before inside the tube. 

He referred to the bottle collected beside the vertical tube as a “cup.” He noted there was a dried substance in the bottom of the cup which would later be tested by the patrol’s crime lab.

All evidence collected was sent to the State Patrol and items needing testing were sent to the crime lab for processing. 

Dalton said they left about 11:30 p.m. that night. 

On cross examination, Mock noted Dalton referred to the bottle found by the vertical tube as a “cup” while Mock said it resembled a bottle. 

Mock noted the crime lab didn’t call it a cup; instead,  they called it a “container.”

  “So by calling it a cup, you’re implying that it is something that was used to drink out of,” Mock noted.

“It’s important in this particular case, whether it’s described as a cup, or something else,” Mock said, which could be a factor to the jury when the assumption is made by Dalton that it’s a cup.

During testimony, Dalton noted their appeared to be an oily-type substance on the deflector atop the vertical tube, along with a substance down parts of the side of the tube. 

Mock asked if this was identified or tested. Dalton said he did take swab samples so it could be tested at the lab later, not yet knowing there was a vegetable oil bottle inside the tube. 

Mock said Dalton had earlier testified that he believed Annika was alive when she went into the tube. 

Mock noted the height of the tube was just 3.5 feet and the opening on the grate was large enough for someone to crawl into and lower themselves into the tube, which Dalton said was possible. 

Mock confirmed Dalton conducted no experiments as to whether someone could climb out of the vertical tube, which was measured to be 97 inches.

Dalton also confirmed no soil samples were taken at the bottom of the vertical tube to see if any of the other substances present were present at the bottom of the tube. 

Both Dalton and Van Stelton testified there appeared to be tracks appearing to be tire tracks at the scene, based on native grasses being pressed to the ground.

As former traffic patrol troopers, they said they investigated numerous traffic accidents and were familiar with tire tracks on pavement, roadsides, etc., citing width and spread of tires and the parallel nature of their tracks.  

When asked by Mock if any molds were taken, both said enough time had passed that clear tracks were not identifiable. 

Mock asked if wind or critters could have affected the tracks as well as the evidence found around the tube. 

“And so you can’t tell the members of the jury that you know where any of these items were in this area of the overflow tube other than where you observed and when you found them?” he asked. 

“That is correct,” Dalton answered.

On redirect, State Attorney Mike Guinen had the troopers reiterate their traffic investigation skills in identifying tire tracks. 

Guinen asked again about the oily substance that appeared on the inside of the vertical tube. 

“As I looked into the well, it almost appeared that somebody had taken oil and poured down there. Now I don’t know if that’s in an effort to prevent somebody from getting out or if it’s an event  of something different than that,” Dalton said.

Fort Collins, Colorado, Police Detective C.J. Loughlin

Fort Collins, Colorado, Police Detective C.J. Loughlin was the final witness to testify Friday morning. 

He said he coordinated the arrest of suspects Kevin German and Keonna Carter. 

Carter was taken into custody at her workplace. Her car was located there as well and taken into custody.

 When he made contact with her at the workplace, Loughlin said she appeared to be playing a game on her phone at the time. He was able to take the phone in an unlocked condition and kept it that way.

German was taken into custody about an hour later at the couple’s apartment. 

Loughlin said they made contact with a female roommate who confirmed German was inside the apartment. 

His team made contact with German by phone and he exited the apartment and was arrested without incident. 

Dr. Peter Schilke, pathologist with Western Pathology Consultants, Scottsbluff

The testimony of witness pathologist Dr. Peter Schilke of Western Pathology Consultants in Scottsbluff filled more than two hours of the afternoon of Day 2. Van Stelton’s testimony concluded the day.  

Schilke was the pathologist who completed the autopsy of Annika Swanson on Nov. 25, 2019, the day following the recovery of her body by authorities. 

Schilke explained the process they follow during the autopsy process, starting with an external examination of the body followed by an internal exam of the body. 

He said the goal of the examination and follow-up lab work is to determine a cause of death.

He explained one the first tasks it to collect blood samples for toxicology testing.

Normally, samples are taken from the periphery of the body. If they are unable to do that, they pull blood from the heart during the internal examination.

He said they were unable to obtain periphery samples from Swanson so later pulled blood from the heart. 

After death, the drugs or other substances broken down by the liver can passively move to the heart. That could result in a higher concentration in the blood than existed at time of death, which is why they prefer periphery sources.

He said they also pull eye fluid to test for glucose and alcohol. He explained the amount of fluid obtained was not a sufficient amount for testing.

Toxicology collections are sent to NMS Labs in Horsham, Pennsylvania, known for forensic testing expertise.

Jurors were shown photographs of the autopsy, which were each entered as evidence by the prosecution. 

The photos showed bruises and abrasions on the body. He testified the scalp and skull showed evidence of blunt force trauma.

When asked by State Attorney Doug Warner, Schilke said all of the bruising, abrasions and trauma-related bleeding occurred while Swanson was still alive. 

Schilke said the first verified NMS toxicology report was received Dec. 17, 2019. 

Testing for ethanol glycol, commonly known as anti-freeze, and formic acid was requested following the results of the first toxicology report. 

Final results showed the presence of formic acid, amphetamine and methamphetamine (meth) and methanol.

Levels of all but formic acid far exceeded the amount required to show up as positive in the body during the testing. 

“After the external and internal examination, consideration of toxicology results, do you have an opinion to a reasonable degree of medical certainty as to what caused Annika Swanson’s death,” Warner asked Schilke.

“Yes. Blunt force head injuries and methanol and methamphetamine toxicity,” he responded. 

While formic acid was listed in the toxicology report as being within acceptable levels in the body, Warner asked Schilke why that wasn’t a factor. 

Schilke explained the formic acid and ethyl glycol tests were requested outside NMS’ 14-day window of stability. He said formic acid isn’t a stable compound and testing was done five to six weeks after Swanson’s death.

Warner asked what kind of things methanol is contained in. Schilke said it is in items like windshield wiper fluid, embalming fluid and varnishes and is also known as wood alcohol.

Warner asked what happens when the body breaks down methanol. Schilke said it becomes real toxic component is when it converges to formic acid. 

A person can appear normal after ingesting methanol from 12 to 24 hours. The methanol is then broken down into formaldehyde and then converted into formic acid, which is extremely toxic to the body. 

On cross-examination, Mock confirmed with Schilke this is only the third case the doctor has ever dealt with that included methanol. 

Mock then cited peer-reviewed studies that showed individuals can tolerate far higher levels of methanol and survive. He also cited studies showing that levels of formic acid don’t decline after death.

When asked if he agreed with those assessments, Schilke noted the testing done on Swanson's blood was four to five weeks after death, outside of the 14 days of stability guaranteed by NMS. 

Mock also noted that Swanson had a concentration of methamphetamine far higher than what could be considered lethal. 

Couldn’t that have been the cause of death instead? Mock asked. 

Mock suggested that if the blunt force trauma was taken out of the equation, could it have been possible meth was the cause of death?

Schilke said he couldn’t remove the blunt force head injury from the equation as that was the cause of death, along with the other two contributing factors.

Mock raised another point that it’s not known exactly how the head injuries Swanson suffered were caused. 

Mock asked, “Would it be consistent that blunt force trauma could be caused by a downward pressure on the side of the head?”

“Would it be possible to that those kinds of injuries could be caused by kicking the side of the head?”  

Schilke agreed both could be possible.

The trial will resume Monday morning at 9 a.m.

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