Convicted 'dream killer' fights for freedom after accuser admits he made the whole thing up
By
Emily Anne Epstein
PUBLISHED: 14:41 EST, 18 June 2012 |
UPDATED: 15:04 EST, 18 June 2012
Ryan Ferguson has always claimed he was innocent of robbing and killing Kent Heitholt, 48, in a Columbia, Missouri, parking lot and now, after serving seven years for murder, he may have a chance at a freedom.
Charles Erickson, the man who told prosecutors that he had a 'dream-like' memory of the two committing the crime on Halloween night in 2001, now says he 'lied through his teeth' to protect himself, but wants to make amends.
Judge Daniel Green is reviewing all the new evidence that has come to light today in Cole County Circuit Court, deciding if the information is enough to grant or deny Ferguson a new trial.
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Chance: Ryan Ferguson has always claimed he was innocent of robbing and killing Kent Heitholt, 48, in a Jefferson City, Missouri, parking lot and now he may have a chance at a freedom
Story: Charles Erickson, left, the man who told prosecutors that he had a 'dream-like' memory of the two killing Heitholt, right, on Halloween night in 2001, now says he 'lied through his teeth' and wants to make amends
Ferguson, then 19, was convicted of killing Mr Heitholt, the sports editor of the Columbia Daily Tribune, in 2005. At the time, classmate Charles Erickson confessed to the slaying, saying Ferguson was the main instigator.
The two were convicted even though there was no DNA, no blood, or fingerprints linking either of them to the crime.
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'I don't want to die knowing that I did the wrong thing,' Erickson said to the court, according to the TODAY show, trying to make amends and asked for the forgiveness of the Ferguson family.
'I lied and said I remembered things I didn't remember and said he did stuff that I don't remember him doing or me doing.'
Testimony: Judge Daniel Green is reviewing all the new evidence that has come to light today in Cole County Circuit Court, deciding if the information is enough to grant or deny Ferguson a new trial. Defense witness Ronald Singer testifies about blood splatter and transfer on a wheel of Kent Heitholt's during the 2005 trial
Family: Ferguson's family never gave up hope that their son would be set free, launching a national campaign to proclaim his innocence
Ferguson has already served seven years of his 40-year sentence, while Erickson has served the same of his 25-year sentence.
'You're not going to take my plea deal away because then you'd admit that (Ferguson) didn't get a fair trial,' Ericson said last month to the court, according to the Columbia Missourian.
Served: Ferguson has already served seven years of his 40-year sentence, while Erickson has served the same of his 25-year sentence
Proof: There was no DNA, blood, or fingerprints linking either of the 'killers' to the crime
Erickson's testimony was the centerpiece of the case against Ferguson because of his emphatic insistence and the fact that he confessed to the crime.
FERGUSON TRIAL TIMELINE
NOV 2001 Kent Heitholt is killed
JAN 2004 Police receive a tip that Charles Erickson and Ryan Ferguson are the killers
NOV 2004 Erickson strikes a plea deal in exchange for testifying against Ferguson
DEC 2005 Ferguson is found guilty and sentenced to 40 years
2007-2008 Ferguson's requests for appeal are denied
NOV 2009 Erickson says he alone committed the crime
OCT 2010 Jerry Trump recants statement that he saw either teen at scene
2011 More requests for mistrial and appeal are denied
APRIL 2012 Evidentiary hearing takes place
JUNE 2012 Judge Green considers new evidence
'I'm good at making stuff up,' Erickson said. 'I'm creative. I put the story out there that had me as the least responsible, the one that made Ryan look bad.'
Ferguson's family never gave up hope that their son would be set free, launching a national campaign to proclaim his innocence.
'What he said about being at the crime scene, me being at the crime scene was all false,' Ferguson said to the TODAY show.
'I want to make my life great when I get out. I'm going to be ready for it. I feel like I've been preparing for eight years.'
Erickson said he was groomed by prosecutors to pin the crime on Ferguson, saying he was eager for a plea deal.
'I was trying to please the prosecution to secure my plea,' he said.
Ferguson's attorneys said that rather than check his confession, detectives at the time provided him with details about the crime, simply asking him if he agreed with them.
If they were indeed prompts, it would invalidate the testimony.
But Erickson isn't the only one who has changed his story about what happened that night.
Jerry Trump, a janitor at the Columbia Daily Tribune, said he lied during the trial when he identified Ferguson and Erickson as the killers.
He signed a sworn affidavit in 2010, that he only saw photos of the teens after prosecutor Kevin Crane showed him photos in 2004.
'I was also under the guidance of the Prosecutor's Office, who told me already that these were the two guys who did it,' Mr Trump said. 'They were 99 percent sure because of (Erickson's) admission.'
Despite repeated attempts at appeal and witnesses recanting testimony, several judges have turned down Ferguson's pleas for a new trial.
The state has said they stand by the conviction.