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ABC News to air Ryan Ferguson story

Published On: Oct 10 2013 04:00:19 PM CDT
Ryan Ferguson

Ryan Ferguson was convicted in 2005 of the Halloween 2001 night murder of Columbia Daily Tribune sports editor Kent Heitholt.

COLUMBIA, Mo. -

ABC News is set to air a story on Ryan Ferguson, the man convicted of killing a Columbia Tribune sports editor, and his fight to prove his innocence. The story will air Thursday night at 11:35 p.m. CT on "Nightline."

Ryan Ferguson has spent almost a decade in a maximum security prison for a brutal murder he, and many others, insist he didn't commit. But finally, the 28-year-old believes he could be days away from getting a phone call that could set him free.

"It's hard to have much hope, at this point, in the justice system based on what they've done," he said. "It's scary knowing that they're not looking for the truth, they're looking for a conviction… I might never have a chance to get my life back again."

Ferguson's saga started nine years ago when he was in college. A former Eagle Scout growing up in Columbia, Mo., he was a popular kid and extremely close with his family.

"We did a lot of things together," said his father Bill Ferguson. "He was just really mellow and very friendly, got along with everybody."

But one day when Ryan was leaving class, police pulled him over and accused him of a vicious murder that had occurred three years earlier, in 2001, on Halloween night. The victim was Kent Heitholt, a beloved sports journalist, who had been found bludgeoned and strangled to death in the parking lot of the Columbia Daily Tribune, where he worked.

"I'm thinking, 'Well, I can obviously prove I had nothing to with that, so you know, question me for an hour and I go back,'" Ferguson said.

Police questioned Ferguson for hours and he never wavered in his insistence that he had nothing to do with the murder. But at the same time, a man named Charles Erickson, one of Ferguson's classmates, was in another interrogation room down the hall, telling police that he and Ferguson had committed the crime and that it had been Ferguson's idea. Erickson said the pair had been out together on that Halloween night when Heitholt was killed.

"We had a few drinks, hung out and then when the bar closed, you know, I took Erickson home and that was pretty much the night, like any other Halloween," Ferguson is heard telling police on interrogation tapes.

Erickson, who had a history of substance abuse, had started telling people before Ferguson was a suspect that he had dreamt he had been at the crime scene the night of the murder. Ferguson said one night, Erickson showed up inebriated at a friend's house while Ferguson was there and started talking about it.

"He starts asking me if I know about him having anything to do with the murder of Kent Heitholt," Ferguson recalled. "And I'm looking at him, I'm like, 'I don't know anything about that man, I know I took you home that night but you even saying that is incredibly strange and it's kind of freaking me out,' so, you know, pretty much, 'get away from me.'"

When Erickson was interrogated by police in 2004, the interrogation tapes showed that he seemed confused and didn't seem to know how the murder occurred or even the kind of murder weapon used.

"I think it was a shirt or something," Erickson is heard saying on police interrogation tapes when he went with police to the crime scene.

"I know it wasn't a shirt," an officer said.

"Maybe a bungee cord?" Erickson replied.

"Well, we know for a fact that his belt was ripped off of his pants and he was strangled with his belt," an officer said. "Does that ring a bell?"

When Erickson replied, "No," an officer then asked, "you didn't put anything in your hand then?"

"No," Erickson said. "I don't remember that at all."

But detectives became aggressive during their interrogation and Erickson eventually claimed he and Ferguson had run out of drinking money and decided to rob someone.

At the seven-week-long trial in 2004, Erickson somehow knew all the details that had eluded him during the interrogation and was the star witness against Ryan Ferguson.

"He was down here and he had a belt, and he had his foot on his back on the victim's back and he was pulling up on the belt," Erickson testified in court.

His detailed account was supported by the testimony of a janitor named Jesse Trump, who identified Ferguson as one of the two men he saw in the parking lot immediately after the murder.

Erickson and Trump's testimony held up the case against Ferguson. None of the DNA collected at the scene -- the footprints and fingerprints -- matched Ryan Ferguson's, but the testimony was enough for the jury to convict him. Erickson was also convicted and sentenced to 25 years.

"It reminded me of playing freshman football and getting the breath knocked out of me," Bill Ferguson said. "It was surreal, I just couldn't believe it."

Five years after that 2004 conviction, Ferguson seemingly got a break. Two weeks after Kathleen Zellner, an attorney who has won many wrongful conviction cases, agreed to take on Ferguson's case pro-bono, Ferguson received a letter in prison from Erickson, asking for Ferguson's attorneys to meet with him.

With Zellner's camera rolling, Erickson read a statement admitting he had not been truthful in his testimony against Ferguson.

"Things happened much differently than I had previously stated, I could not accept in my conscience mind that I was the sole perpetrator," Erickson said on Zellner's tape. "I regret now that I put an innocent man through that. He didn't deserve it."

Ferguson got a new court hearing in April 2012, and Erickson testified that he had lied about Ferguson's involvement in the murder during his initial trial. Then Trump, the janitor, took the stand and admitted that he too had lied at the trial. A convicted sex offender, Trump now claimed that police pressured him to implicate Ferguson and Erickson from looking at a photo.

"He said, 'It would be very helpful if you can help us with this ... by identifying them.'" Trump testified in 2012. "I felt very intimidated, because the only thing I wanted to do, at that point, was to do the right thing. I'd been in enough trouble."

Ryan Ferguson thought his nightmare was over, but Judge Daniel Green didn't believe Erickson's most recent account and found that there wasn't enough reliable new evidence to overturn his conviction.

Ryan Ferguson appealed Green's ruling. Last month, his lawyers made arguments in a Kansas City appeals court, rebutting his conviction. Now judges are weighing whether Ferguson should be granted a new trial.

Almost 10 years after his initial conviction, Ferguson is cautiously allowing himself to imagine a life outside prison bars, and hopes to be released before Thanksgiving.

"I'm going be ready for whatever life throws at me because I've been preparing for so long," Ferguson. "So you know I just … maintain positivity and hope that one day I'll wake up and I'll get a good phone call."

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