Missouri court overturns conviction in Columbia editor's slaying - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

UPDATE

Missouri court overturns conviction in Columbia editor's slaying

Ryan Ferguson (CBS) Ryan Ferguson (CBS)
JEFFERSON CITY, Mo. (AP) -

A state appeals court panel on Tuesday overturned the murder conviction of a Missouri man who has maintained his innocence while serving a 40-year sentence for the 2001 slaying and robbery of a newspaper sports editor.

The appeals court ruled that the prosecutor's office withheld evidence from defense attorneys for Ryan Ferguson that could have aided him during his trial for the strangling and beating death of Columbia Daily Tribune sports editor Kent Heitholt.

"Under the facts and circumstances of this case, we conclude that Ferguson did not receive a fair trial. His verdict is not worthy of confidence," Western District appeals court Judge Cynthia Martin wrote in the 3-0 decision.

Ferguson's case has been the subject of numerous national TV news shows, in part, because his 2005 conviction came after his high school classmate, Chuck Erickson, testified that he had recalled from dreams several years later that the two of them had been involved in Heitholt's slaying after a late night of Halloween partying.

Erickson received a 25-year sentence as part of a plea agreement for testifying against Ferguson.

But during an April 2012 court hearing, Erickson recanted his incrimination of Ferguson and said his memory of that night was hazy because he had been using drugs and alcohol. During that hearing, former Tribune janitor Jerry Trump also said he had testified falsely during Ferguson's trial when he identified Ferguson and Erickson as the two men he saw in the newspaper's parking lot where Heitholt was killed in the early morning of Nov. 1, 2001.

Cole County Judge Dan Green declined to grant Ferguson a new trial last year. Ferguson then took his case to the appeals court, which heard arguments this September. The appeals panel said Ferguson should be released if prosecutors have not filed notice of a retrial within 15 days after the court issues its formal mandate, which could take several weeks.

Ferguson's attorneys planned to file a motion Tuesday seeking his immediate release on bond from a Jefferson City prison.

"When I told him what had happened, he was speechless, then he was very excited. He seemed like he was in shock," said Ferguson's attorney, Kathleen Zellner of Chicago.

Zellner added: "We're thrilled that finally a court has recognized the constitutional violations that occurred during the trial by the state withholding evidence from the defense."

The offices of Attorney General Chris Koster and Boone County Prosecutor Dan Knight issued separate statements Tuesday saying they needed to consult with each other before commenting or deciding how to proceed. The attorney general's office represents the state in criminal appeals while the county prosecutor would be responsible for leading a new trial.

The appeals court ruling focused on a phone conversation that an investigator in the Boone County prosecutor's office had with Trump's wife, Barbara Trump.

Trump originally testified that, while he was in prison for an unrelated reason, his wife sent him a Tribune newspaper in March or April of 2004 that had pictures of Ferguson and Erickson — and that he recognized them as the people he saw in the newspapers' parking lot the night of the slaying.

The appeals court said an investigator interviewed Barbara Trump, who said she did not recall sending her husband a newspaper. The court said the investigator never wrote a report about the interview, so the information never was shared with Ferguson's defense attorneys but should have been. Barbara Trump's statement was important, because it raised questions about why her husband claimed during a December 2004 meeting with prosecutors that he now could identify Ferguson and Erickson, the court said.

The appeals court cited Barbara Trump's interview as part of a pattern in which prosecutors failed to disclose evidence to Ferguson's defense attorneys, including the fact that Jerry Trump had said he could identify Ferguson.

Zellner referred to Barbara Trump's undisclosed interview as "the thread that unraveled the case" but described the court's 54-page ruling as "pretty broad sweeping."

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Local NewsLOCALMore>>

  • MHP urging public to "Drive to Survive" this holiday weekend

    MHP urging public to "Drive to Survive" this holiday weekend

    Saturday, May 27 2017 2:41 PM EDT2017-05-27 18:41:36 GMT
    Mississippi Highway Patrol. Source: WDAMMississippi Highway Patrol. Source: WDAM

    Mississippi Highway Patrol is urging the public to pay attention behind the wheel during one of the busiest holiday weekends of the year. AAA estimates over this Memorial Day holiday weekend will be the busiest since 2015, with over 34.6 million Americans expected to drive.  For MHP, this means more traffic and patrols needed along the state's highways. Mississippi Highway Patrol is enforcing a "Drive to Survive" safety initiative.  Master Sergeant Brent...

    More >>

    Mississippi Highway Patrol is urging the public to pay attention behind the wheel during one of the busiest holiday weekends of the year.

    More >>
  • WCHS Band to represent Mississippi in National Memorial Day Parade

    WCHS Band to represent Mississippi in National Memorial Day Parade

    Saturday, May 27 2017 12:17 PM EDT2017-05-27 16:17:00 GMT
    Source: Wayne County School DistrictSource: Wayne County School District

    The Wayne County High School Band is representing the state of Mississippi in the National Memorial Day parade in Washington, D.C. Monday. 

    More >>

    The Wayne County High School Band is representing the state of Mississippi in the National Memorial Day parade in Washington, D.C. Monday. 

    More >>
  • Southern Miss stays alive in C-USA tournament play

    Southern Miss stays alive in C-USA tournament play

    Saturday, May 27 2017 4:07 AM EDT2017-05-27 08:07:24 GMT
    Courtesy: WDAMCourtesy: WDAM

    Taylor Braley threw eight shutout innings and the University of Southern Mississippi stayed alive in the 2017 Conference USA Baseball Tournament with a 7-1 victory over University of Texas-San Antonio Friday night at MGM Park. Top-seeded USM (46-13) will face fourth-seeded University of Charlotte (34-22) in a 12:30 p.m. Saturday semifinal. The Golden Eagles will have to defeat the 49ers twice on Saturday to advance to Sunday’s 1 p.m. championship game and defend their 2016...

    More >>

    Taylor Braley threw eight shutout innings and the University of Southern Mississippi stayed alive in the 2017 Conference USA Baseball Tournament with a 7-1 victory over University of Texas-San Antonio Friday night at MGM Park. Top-seeded USM (46-13) will face fourth-seeded University of Charlotte (34-22) in a 12:30 p.m. Saturday semifinal. The Golden Eagles will have to defeat the 49ers twice on Saturday to advance to Sunday’s 1 p.m. championship game and defend their 2016...

    More >>
Powered by Frankly