Ryan Ferguson's fight for freedom

Ryan Ferguson, left, and his accuser, Charles Erickson (CBS News/48 Hours)

(CBS NEWS) JEFFERSON CITY, Mo. -- I'm Erin Moriarty. I have been covering Ryan Ferguson's case now for more than seven years. Ferguson was charged with killing a man named Kent Heitholt on Halloween night 2001.

From the beginning, there was just something not right about this case. There was plenty of physical evidence at the crime scene -- hair, fingerprints and bloody shoe prints -- but none of it matched him.

The entire case hinged on one troubled accuser: Charles Erickson.

Bit by bit, the case against Ferguson has fallen apart, and yet, his conviction has been upheld time and time again. This time, however, an unexpected development may make a difference.

For the first time, Ferguson's accuser is speaking publicly ... and what a story he tells.

---

Ryan Ferguson, 27, has something that sets him apart from other prison inmates: a chance at freedom.

"We've been fighting it for eight years now. And we're very, very close. ... Gotta be positive and hopeful. I believe we'll find justice," he told Moriarty. "I look forward to getting my life back."

Finally, a judge has agreed to take a new look at his case.

"Is there a side of you that's afraid to hope that this is finally your chance?" Moriarty asked.

"Absolutely," Ferguson replied. "You really can't predict what any of these people are going to do and when they are going to do it. You just gotta keep fighting."

The circumstances that brought Ferguson to the Missouri state prison are bizarre. They began, appropriately enough, on Halloween night in 2001. Kent Heitholt, the well-liked sports editor of the Columbia Daily Tribune, was murdered.

Asked how he would describe Heitholt's personality, Boyd told Moriarty, "Wonderful. ... wonderful guy to work with and easy to learn from. ... He was one of the most popular men I've known.

Part-time sports writer Michael Boyd, who spoke with "48 Hours" in 2010, was among the handful of people working into the early morning hours with Heitholt. Sometime after 2 a.m., Boyd recalls, he left the office. Heitholt came out a few minutes later and they chatted.

Asked if Heitholt seemed concerned with anything at that moment, Boyd said, "No ... just, like normal. It was just a normal night."

Shortly after Boyd drove off, two janitors came out on the loading dock and noticed Heitholt's car was still there.

One of those janitors, Shawna Ornt, said "I had that gut feeling that something was wrong."

Ornt remembers seeing two shadowy figures emerge from behind the car. One, a college-aged male, she says, stopped to speak.

"... looked me dead in the eyes and said, 'Somebody's hurt,' and he walked off casually like nothing had happened," she said.

SLIDESHOW

The crime scene and more »

Scared, Ornt went for help. Two reporters rushed out and found their boss by his car in a pool of blood. Kent Heitholt had been bludgeoned and strangled.

"He's 6'4"," Boyd said. "No one's gonna mess with Kent. Who was gonna mess with Kent?"

Earlier on that same night, Ryan Ferguson was at a local bar, just blocks away from the murder scene. He and another 17-year-old, Chuck Erickson, had sneaked in together.

"We were there for approximately two hours -- probably 11:30 to 1:30," Ferguson explained. "And I drove him home and went home myself."

"Did you have anything to do with the death of Kent Heitholt?" Moriarty asked.

"Absolutely not," Ferguson replied.

Whoever did kill Kent Heitholt may have left clues. Police found hair, fingerprints and bloody shoe prints. They also spoke with the janitors. One "could not provide a detailed description" of the two men he saw. But the other, Shawna Ornt, did. Police released a sketch and fielded dozens of leads; all were dead ends.

"It just doesn't seem possible how -- that anybody could hurt him. And ... bein' as nice as he was, why," said Michael Boyd.

Two years passed with no breaks in the case. Then, police got a strange tip. Chuck Erickson had told friends that he might have been involved in the crime.

Erickson soon found himself in a police interrogation room.

"It's just so foggy. Like I could just be sitting here fabricating all of it," he told police.

He didn't seem to know many details, even when they took him to the crime scene:

VIDEO

Excerpts: Chuck Erickson's 2004 interrogation »

Chuck Erickson [in police car]: Can you tell me exactly where this happened?

Detective: Parking lot is right there. Does this look familiar to you?

Chuck Erickson: I don't remember most of what happened.

But Erickson seemed eager to cooperate, especially as the questioning got aggressive:

Detective: It's you that is on this chopping block ... and I don't want to hear, "Oh, all the sudden I just think I may be fabricating all of this."

Eventually, Erickson told them what they wanted to hear. He said that he and Ryan Ferguson had run out of drinking money and decided to get more by robbing someone:

Detective: Whose idea was it?

Chuck Erickson: It was Ryan's idea

Detective: Ryan's idea...

Ferguson, then in college, was also brought in.

VIDEO

Excerpts: Ryan Ferguson's 2004 interrogation »

"I wasn't there. I did not do anything," he told police.

Police questioned him for hours, but he never wavered.

"You're trying to get me to admit to something I didn't do," he told police. "I'm not lying to you man, I was not there."

In March 2004, both men were arrested and charged with murder. Erickson took a plea - 25 years -- and agreed to testify against Ferguson.

"It's beyond comprehension that Ryan could ever be in this situation," Ryan's father, Bill, told Moriarty. "It tears at your heart."

When Ferguson stood trial a year later, Charles Erickson - the once seemingly confused teen, had become a polished witness.

"I'm just doing this because I know it's the right thing to do," he told the court.

The story Erickson told was riveting and revolting:

Chuck Erickson: I hit him.

Prosecutor Kevin Crane: You hit him just like that?

Chuck Erickson: Well, I hit him harder than that.

Prosecutor Kevin Crane: How'd you hit him?

Chuck Erickson: I hit him like that (demonstrates).

After he hit him with a tire tool, Heitholt fell to the ground, Erickson said. Then, Ferguson turned Heitholt's belt into a weapon:

"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 demonstrated for the court.

Not everything Erickson said made sense. For one thing, he claimed that he and Ferguson returned to the bar after the murder. By law, the bar had already closed.

What's more, none of that physical evidence -- nothing - tied Ferguson or Erickson to the scene.

And Shawna Ornt, the janitor who helped police create the sketch, said she couldn't identify either man.

But prosecutor Kevin Crane had a Trump card: Jerry Trump, a convicted sex offender, was the janitor who told police he couldn't describe the men he saw at the crime scene. And yet, at Ferguson's trial...

Prosecutor Kevin Crane: If you see the individual ... would you point to that individual please?

Jerry Trump: Yes (points to Ryan).

Trump claimed his memory had been jogged by the arrest photos in the newspaper.

"I recognized the two pictures. I've seen these two faces before - at the Tribune that night Kent was killed," he testified.

With two eyewitnesses against him, Ryan Ferguson was doomed. He was convicted and sentenced to 40 years.

"It's a horrible feeling. It's like you're drowning and there's nothing you can do about it," Bill Ferguson said of the verdict.

But after serving four of those years, Ryan got an unexpected letter.

"I didn't know if I should open it. I didn't know if I should just look at it -- I was scared of it," Ferguson said.

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[ldiz37]

What if there was a particular key that the killer was interested in? probably not but its a thought. What if the killer took them as a souvenir? It would be good to know what every key was for. Also if the watch was broken during the killing then the killer could have taken it so as not to show time of death.
A sober person could think about these things. It happened so fast wouldnt the killer have to plan to take these things in particular? It couldnt have been quick or easy to take the belt off of such a large heavy man. The only person who would have had the time was the co-worker. Police need to search his house and car with a fine tooth comb to look for blood,keys and the watch. I cant think of his name but the co-worker was said to have stated he would not give his DNA sample to Zellner but would if the sheriff asked him.
Thats sounds shady to me. The co-worker said he was in his car listening to music when the victom came out of the building. Sounds more like laying in wait to me. This case is so screwed up!! I am going to JUMP for joy when Ryan is free THIS SUMMER!! Keep the faith Ryan and family!!

[rickyfur]

In Erickson's Nov. 2012 deposition (recantation), he still admits to committing the murder, and he still places Ferguson at the scene. His depo can be viewed here on youtube "http://www.youtube.com/watch?v=x_RMinr-wrE". A major question that is still unanswered is why would Erickson voluntarily approach the police with his story, and why did he implicate his friend, Ferguson? The original case and the appeals do not seem as straightforward as some make it out to be. Ferguson's insistence that he was not at the scene is in direct conflict with Erickson's recantation. So do we simply pick and choose which part of the recantation to accept as true? I also find it surprising that all the uproar has been about Ferguson's conviction. Shouldn't there be an equal amount of sympathy for Erickson? It is heart-wrenching to listen to Erickson speak about his situation before the murder and how much he was hurting.

[d2bd2b]

We shouldn't pick and choose when to believe Erickson. We should throw out Erickson's ramblings old and new and look at the objective evidence. Here's the thing....there is NONE against Ferguson (or Erickson). There is nothing to corroborate any relevant claim Chuck made at trial. His story never made sense and still doesn't. This is what happens when you black out. It's easy to fill the memory void with false information. Blank slate.

[Compassionate_Reader]

This case reminds me of the West Memphis Three case that I have followed for years. Three innocent teens spent over eighteen years in prison based on a coerced confession from one of them (a mentally-challenged seventeen-year-old at the time) and the testimony of three teenaged girls who claimed to have "overheard" one of the teens confess. There was no physical evidence linking them to the crime, and all biological evidence since tested has excluded them.

Luckily, the three have been freed (but not exonerated) on an Alford plea. We are still working for their exoneration and for the investigation of the real culprit of the heinous murder of three eight-year-old boys in 1993. Freedom for the innocent, although important, is not the end. The guilty must be punished, too. And, in the West Memphis Three case, the innocent must be exonerated and their rights restored to them.

Hopefully, Ryan's new attorney will eventually achieve exoneration and freedom for Ryan. One reason that the West Memphis Three were freed was that they all agreed not to sue the State. I believe that the fear of a civil suit is one reason that "Judge" Green denied Ryan's appeal in this case. Sad, but, given the economic condition of this country, true.

The state of "justice" in America is pretty ridiculous when innocent people like Ryan Ferguson and others can languish in prison while those responsible for their incarceration (mainly corrupt judges and/or prosecutors) feather their nests. The judge in the West Memphis Three case is now a State Senator. The two prosecutors are now judges.

There are really a lot of similarities in these two cases. I wonder, did the authorities ever run the prints at the scene through CODIS? Or, was it once again like the West Memphis Three case - once they had a coerced confession, they did nothing to pursue any other suspects?

When will attorneys, the good ones (there ARE a few) band together to change some of the rules (like police interrogation tactics that allow leading questions) so that people are truly presumed innocent? This case, like the West Memphis Three case, are true travesties and black eyes on the legal systems of their respective states. It boggles the mind! Hopefully, Ryan will soon be free.

[rothenbj]

I agree as I've followed both closely.

[DebbyStadler]

Worst case on injustice. There should be standards set when a case must be reversed. It seems a judge is just not accountable. Please let me know what I can do to assist in getting this innocent person released.

[Wildwood1966]

When Ths happened I was convinced they wre innocent - how sad - I was hoping this time it would be differnet - I will sign the petition below - hoping this helps

[radish23]

For anyone who's interested, there's a petition you can sign to ask that Ryan be freed, or at the very least, be given a new trial:

http://www.change.org/petitions/please-grant-ryan-ferguson-a-new-trial-or-freedom

[kbbpll]

The prosecutor is now a judge - sounds exactly like the Tim Masters case in Colorado.

[gotcha-2095]

More and more people are being proved innocent today.This case involves a young man spending 8 yrs. in prison.Check out the case of David Camm in Floyd County, Indiana.Prosecutorial misconduct has happened in the past and continues today.These prosecutors who seek re-election or higher Political Office are not concerned with justice,only concern is making a name for themselves.The David Camm case is interesting because Camm was a former Indiana State Police Trooper and not just one prosecutor made mistakes,but the new prosecutor compounded those mistakes in many different ways. Sad part is an innocent man has spent 10 yrs. for killing his wife and 2 children.The first trial Camm was convicted without a key peice of eveidence being thouroughly investigated.After a conviction and sentencing and a new trial was ordered due to prosecutors misconduct.In preparing for the second trial,the key peice of evidence from the first trial was identifide to a career criminal that was released 2 months before the killings.More and more is to this story,but it confirms that a lot of people are in prison that are innocent.The big media news agency's should follow this case.It is an eye opener to how "liars for hire" abuse the Justice system and a lot of other problems with our Judicial system that need corrected.

[1st-crackerhead]

why are there no intergation tapes ? where was the other kids parents ?It really sounds like a very bad nightmare. I know we are alone in this world the only thing a cop can do is the paper work after the fact. most of the time they screw that up to.

[rothenbj]

There are interrogation tapes available on the web. Erickson is spoon fed information after hours of information and told either he or Ryan will take the fall. The kid was verbally abused for hours and said whatever they wanted to hear at the end.

[realtyasis]

Prosecutes, Judge Green, Kevin Crane etc. believe the trial verdict was right. They have to or the system they work in is flawed at best and completely bankrupt at worst. if you believe both witnesses an there is no reason you should not you had jury tampering by Kevin Crane and the Judge Green won't allow that to go forward because it's an automatic retrial. The Kevin Crane if guilty of jury tampering he most likely would be disbarred and lose his judgeship if he tampered with a jury and committed perjury. Ryan will not get very far working for a state re-trial. He will get resistance because they have to be wrong if he is write and as everyone has said they don't want to be wrong. Ryan needs to take this to a new court that can be right without someone in that court being wrong. Federal court for denying his constitution right to freedom. I believe that is how The Hurricane (Rubin "Hurricane" Carter) finally got out of prison. They filed a Writ of Habeas corpus in federal court. Making the System Wrong is an uphill battle having a new court look at doing what is right is a much easier battle. I'm no Lawyer and this is my reading of how the Hurricane got freed.

"Habeas corpus (English pronunciation: "may you have the body") is a writ (legal action) which requires a person under arrest to be brought before a judge or into court.[1][2] This ensures that a prisoner can be released from unlawful detention; that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner's aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action." From Wikipedia, the free encyclopedia

They may be waiting on this because it's a "Hail Mary Pass" or last resort and if they don't allow it, he won't get a new trial in state court. I can't believe how composed Ryan is, in his heart he must know the truth will come out. It's pretty sad that all his is asking for is a fair trial his constitutional right and he can't even get that.

[thetruthwillout]

Very sad story. I would take this to a higher court, if that is possible. I think Zellner is right, the prosecution was not out for justice; they just wanted to win. The judge seemed very "sketchy" to me. I would call for a new trial.