LUVERNE -- Despite a request for a bail amount of at least $50,000 from Rock County Assistant Attorney Jeff Haubrich, Judge Timothy Connell set bail for Leo Swenson at $30,000.
Swenson, 76, of Luverne, made his first court appearance Tuesday afternoon in Rock County District Court, just days after being charged with first- and third-degree criminal sexual conduct against his adopted daughter.
The daughter, who is now 31, told authorities her adopted father had been having sex with her since she was 13 and claims her two children, ages 9 and 13, are his.
With the aid of a wheelchair and then a walker, Swenson was brought into the courtroom Tuesday dressed in an orange jail uniform. In a thin and scratchy voice, he indicated to Connell he understood the charges against him and listened as the judge explained the burden of proof would be on the state.
Haubrich told Connell he had read the bail study and spoken with the victim, who said she was afraid of what Swenson would do if he was released.
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"Given the extreme nature of the charges, the length and severity of the charges, we would ask for at least $50,000 with conditions," Haubrich stated.
Defense attorney Daniel Birkholz argued for a lower bail amount of $20,000 or less.
"My client is a life-long resident of Luverne who has never even been in a courtroom until today," Birkholz said. "He assures me he will make no effort to contact the victim. I believe he is no flight risk -- he just wants to go home and finish harvesting his crops."
Swenson has no criminal history, Birkholz pointed out to Connell.
Connell questioned Swenson himself, asking if he understood he was to have no contact with the victim, by phone or any other means. When Swenson indicated he understood, the bail amount was set at $30,000 with standard conditions including no contact with the victim, not leaving the state without permission and staying on touch with his attorney.
The judge then had papers brought to Swenson regarding an order for protection filed by the victim.
"I explained it to him," Birkholz commented. "We agreed that it may be issued without findings of fact."
The victim, a small woman who appeared almost childlike in stature and demeanor, indicated she was in agreement and understood that the protection order was in effect.
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Birkholz waived any time requirements for further hearings, adding that he was expecting some extensive discovery.
Swenson's next court appearance is scheduled for Nov. 24 at the Rock County Courthouse.
After the hearing, Birkholz made a statement to the media, reporting that he had not yet received any documents or discovery regarding the case.
"Without hearing more evidence, I have serious questions about the allegations against my client and the credibility of the victim," he said.
