A government can commit few injustices worse than wrongful imprisonment. To render void a person’s liberty, place them in a cell (or execution chamber) and keep them from their rightful autonomy under false pretenses or evidence, trapped in a dense, deaf bureaucracy, should never be allowed to happen outside of Hollywood psychological thrillers.
And yet, it happens — not just in oppressive states such as North Korea, but even here in the U.S. It should be the noble goal of each and every judicial official (and those who keep our courts in check) to ensure that no person is ever wrongfully convicted and imprisoned, regardless of the resources such thoroughness may cost.
With this goal as the standard for our courts, we heavily disagree with the Missouri Attorney General’s Office, which denied Ryan Ferguson another day in court last week in spite of alarming evidence that our system may have wrongly imprisoned him.
This editorial board has no intention of declaring Ferguson innocent or guilty in the November 2001 murder of Columbia Daily Tribune sports editor Kent Heitholt. As American citizens, we trust the integrity of our court system enough to defer to their verdicts, so long as we feel a fair trial has been conducted. However, the amount of doubt that has been cast in recent years on the legitimacy of the evidence and testimony used in Ferguson’s Dec. 5, 2005 conviction makes us question whether this trial was truly fair.
In addition to the lack of physical evidence found at the crime scene, there is now a lack of witnesses standing by the testimony they gave in court. Charles Erickson, who confessed to the murder and robbery in 2004 (and placed Ferguson as his accomplice), taped a sworn statement in 2009 saying he committed the crime alone and was not of sound mind during his confession. Erickson repeated this sentiment last year, and was recently featured in a CBS News “48 Hours” investigation where he, again, swore Ferguson was not involved. In October 2010, former Tribune janitor Jerry Trump admitted to lying during Ferguson’s trial as well.
Attorney Kathleen Zellner, who took up Ferguson’s case pro bono several years ago, appealed to the Missouri Court of Appeals Western District on Jan. 30, arguing that the changes in Erickson and Trump’s testimonies, as well as the opinion of a forensic investigator Zellner hired, prove Ferguson’s innocence and that he deserves a new trial. Last week, the state Attorney General’s Office opposed the appeal in a 61-page letter to the court, accusing Ferguson’s team of shopping around for a more sympathetic judge and stating that reopening the trial would be a waste of time and resources.
We vehemently disagree. The court system is not in place to save money — it is in place to preserve justice in our country. This kind of case, where there is so much uncertainty and such a potential injustice at stake, is especially deserving of taxpayer money and judicial resources. (It might be true, even, that the cost of a retrial could be less than the cost of continuing to imprison Ferguson for the remainder of his 40-year sentence.)
Additionally, Attorney General Chris Koster’s claim that Ferguson’s team is just trying to find a “kinder” judge is ridiculous — does he and his office not trust in the judgment of each and every one of Missouri’s best judges?
We would rather be sure Ferguson is guilty than let his life dwindle away in a fog of helplessness and anger, as the past seven years have for him. We would rather the government spend more time and money than risk wrongly imprisoning this man for forty years.
Before you imprison a person and take decades of their life away from them, you must be sure it is justified. Koster’s denial of habeas corpus for Ferguson concerns us that maybe this concept takes lower priority in Koster’s values system than saving the state of Missouri some money and keeping its pride.
We hope the court of appeals places this man’s life and liberty ahead of their own pride. Whether or not Ferguson is innocent, we think there is just cause to reopen his case and give him another day in court. After all, our judicial system must ensure justice for all. One man, Kent Heitholt, is wrongly dead from the events in the early morning of Nov. 1, 2001. We hope his life will be the last one claimed by this senseless tragedy.
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Article comments
at 11 a.m.
MCC: Chuck Erickson testified in April 2012 at the habeas hearing that he could not remember any details of the night. He admits he does not know what happened. He lied at trial and commited perjury. During his interrogation, and while telling the police, "“I might not even know what I’m talking about.” “I don’t know if I’m just flipping out.” “I’m making presumptions based on what I read in the newspaper", he was fed information by the police that was not known by the public, such as, what the victim was strangeled with, he was taken to the crime scene where police pointed out the location of the murder, lied to by Prosecutor Kevin Crane, was given false reports to him by Prosecutor Kevin Crane, after all of this and more, Chuck Erickson then admitted to a crime he did not commit. In 2012, he stated that he had to risk Ryan's life to save his own. He was unsure of what the Prosecutor was going to do in regards to capital punishment, and went with a plea deal in Oct 2004 to save his life or minimize prison time. Along with all of Prosecutor Kevin Crane's other lies, in 2012, Crane testified that the death penalty was never in play, but this article infers differently: http://www.columbiatribune.com/news/crime/punishment-option-hangs-on-high-court/article_98283e3a-4556-5cdb-8908-665e1e69b632.html It's one Judge covering for another Judge, and now the AG covering for the State of Missouri who has wronged Ryan for this long, and are afraid to admit they have stolen this man's life. Chuck Erickson has nothing to gain by telling the truth. He breaks his plea deal, and risks more prison time for admitting perjury.
at 11:48 a.m.
Kathy Huenefeld: I am one of Ryan's over 30,000 supporters on his facebook page "free ryan ferguson". I do not know Ryan or his family but I have researched his case and find absolutely no evidence of his guilt. I ask you to read further about Ryans case on this facebook link or on www.freeryanferguson.com. There is a link on that page "Change.org" where you can sign the petition asking for Ryan to get another hearing. PLEASE research and decide for yourself then join Ryan's friends on facebook !
at 3:51 p.m.
Joe Elliott: This is truly outrageous. Nothing more than law enforcement backing each other up and not moral or decent or strong enough to admit when they're wrong. Something need to happen here. This is a clear example of our system NOT working.
at 3:56 p.m.
Stephen Wyse: I watched part of the trial and Ryan's main attorney was horrible ! He objected when the objection should be overruled and stopped objecting when the objections should have been sustained - I had to fight back the urge to yell " Object, you S.O.B. Object" as Kevin Crane dismantled Ryan's expert witness with irrelevant and highly prejudicial questions - In addition, both he and his 1st assistant were both bald and wore identical suits ala "Dr. Evil and Mini-Me" and he failed to subpeona the lead CPD detective - who was Ryan's key witness - Travesty of justice - Boone County style !!
at 4:05 p.m.
Lori Matters: I have only read about this case last night .. and I can't get it out of my mind .So many errors made and more to cover them up .. and when given the chance to correct this terrible injustice ..yet another refusal not just to free Ryan Ferguson who is obviously innocent but to help repair a very flawed justice system and yes to start investigating this crime and convict a murderer . This could happen to anyone and i am sure this young man has a very unique understading about be judged by the company you keep . Please do the right and noble thing and let this young man enjoy his life
at 4:13 p.m.
Merrybeth Beahan: All of Ryan's supporters know that Ryan is innocent! 48 hours knows that Ryan is innocent! Dateline knows that Ryan is innocent! Kevin Crane knows that Ryan is innocent! The bad cops know that Ryan is innocent! The corrupt judges know that Ryan is innocent! Give Ryan his freedom!!
at 4:16 p.m.
Becky Johnson: I am shocked that the interrogation tape could be released for everyone to see and yet that judge could say he does not see enough has changed to warrant a new trial. Chris Koster should be ashamed of himself. By the way the real killer is still out there..
at 4:19 p.m.
Mountain Dave: I have been following this case since it aired on Dateline NBC in December of 2012. The last Dateline episode and the last 48 Hour episode about Ryan can still be viewed online: https://www.facebook.com/mountdave?ref=tn_tnmn http://www.cbsnews.com/2718-18559_162-1275.html I highly recommend watching these and then decide for yourself.
at 4:22 p.m.
Joann Strickland: -Petition for Writ of Habeas Corpus for Ryan Ferguson--refer to pages 102-119 for complete text: Judge Green erroneously declared and applied the law. In his findings of fact, conclusions of law an judgement, Judge Green set forth a section entitled "Burden of Proof and Relevant Case Law." Many of his statements of law are erroneous. It is also apparent that Judge Green made a number of errors in the application of the proper law. 1. Judge Green's holding that Trump's recantation was "not material" is contrast to well established Missouri Law. 2. Judge Green's reliance on Case v. Hatch was misplaced. Judge Green adopted a standard that does reflect Missouri law and has been harshly criticized as inefficient in its legal analysis. 3. Judge Green relied on additional irrelevant cases regarding recantations. Inexplicably, Judge Green never mentioned the fact that Trump and Erickson voluntarily subjected themselves to perjury charges by recanting. 4. Judge Green ignored important Brady principles. "Thus, for materiality purposes, courts are obligated to consider the State's non-disclosure collectively, not item by item. Accordingly, where a number of relatively minor omissions have a cumulative effect, lesser instances of non-disclosure may result in a Brady violation. Judge Green breeched this clear rule of law by assessing the materiality of the withheld evidence in this case in isolation. 5. Judge Green ignored Amrine's requirement that courts review all the available evidence in assessing claims of actual innocence. When reviewing a freestanding claim of actual innocence, "the evidence supporting the conviction must be assessed in light of all the evidence now available." Judge Green did not acknowledge Amrine's evidence mandate and seemed instead to determine that he only needed to consider evidence that could not have presented at trial. 6. Judge Green ignored precedent establishing that "New evidence" under Schlup v. Delo is that which was not presented at trial. 7. Judge Green relied on inapplicable case law regarding the evidence in this case. 8. Judge Green erroneously applied a sufficiency of the evidence standard to Ryan's freestanding actual innocence claim. The burden to prove guilt beyond a reasonable doubt is a reflection on the high value that American jurisprudence places on individual liberty. The actual innocence standard " does not merely require a showing that a reasonable doubt exists in the light of the new evidence, but rather that no reasonable juror would have found the defendant guilty."
at 4:27 p.m.
Joann Strickland: Want another example of Crane deceiving the trial judge and trial counsel? This relates to Jerry Trump. Here's the court record from a sidebar (Page 994): MR. ROGERS: Having said that, I do agree with Mr. Crane, that if, in fact, Mr. Trump were to say, "No, that's not the guy," that might solve our problem. THE COURT: I don't suppose that Mr. Crane would be calling him if that's what he was going to say. MR. CRANE: I don't know what he's -- THE COURT: That's just an educated guess. MR. CRANE: No, I don't know what he's going to say. Nuh-uh. I don't. That's why I wanted to call him at that last motion hearing. And I haven't -- and he hasn't seen the article. I wanted to do that too. Crane lies not once, but twice here. Let's see who can spot both lies...----Jeff Gottlieb From the Habeas hearing: CRANE: Mr. Trump's in the doorway of my office, and, unsolicited, very soon into the conversation, he said 'I think I can identify these guys'. AG: And then did Mr. Trump explain to you why he thought he might be able to identify them? CRANE: And he gave me the rendition of the facts that are on the record, that he testified to at trial. I can talk to you about those if I want to -- eh, I mean if you want to (laughing). Sorry. AG: There are various renditions of the facts by Mr. Trump. Let me have you testify under oath as to what Mr. Trump told you that day. CRANE: He was in the penitentiary. He had received, uh, in the mail, uhhh, inmate mail, uhhh, he said it was from a letter, whatever manila envelope from his spouse. Uhhh, newspaper that he opened up the newspaper and he immediately saw these two photographs. Umm, Mr. Trump said that it was prior to the time that he read the contents of the article when he saw the photos. As I recall he said it jumped out at me that those were the individuals that he had seen walking away from the crime scene the night of the Heitholt murder. ------------------- Ryan Kelly: So he even repeated the nonsense about the envelope, which would have violated prison mail regulations? ------------------------------------------- Jeff Gottlieb: So let's recap. Crane now says that that in December 2004 Trump told him unsolicited that the photos of Ryan and Chuck were the people he saw that night and that he had received the article in prison from his spouse. Yet, at the trial in October 2005 Crane tells the judge that he doesn't know what Trump is going to say and that he hasn't seen the article.
at 4:28 p.m.
Roger Bowers: If Ryan Ferguson can be incarcerated without any evidence, then none of us are safe. Missouri cares about winning, not about justice. An American tragedy
at 4:34 p.m.
Nancy Petersen: The more I read about the case, the sicker it makes me as an American citizen to see the system fail so badly and the almost in-your-face corruption and coverup that appears to be occuring right before our eyes.
at 4:42 p.m.
Joann Strickland: During trial, WHY didn't Kevin Crane ask Shawna Ornt if she could identify Ryan Ferguson? Janitor puts Crane's role in spotlight www.columbiatribune.com A woman who worked as a cleaning woman at the Tribune in 2001 testified yesterday that she told then-Prosecuting Attorney Kevin Crane that neither of the two men arrested for the crime was the person she saw near the parked car of the newspaper's slain sports editor, Kent Heitholt.--------------------------------------------
at 4:53 p.m.
Amy: Probably whoever's hair was in the poor man hand is who killed him? It's not rocket science people.
at 4:55 p.m.
Donald P Ables MD: The police and prosecutors don't want the truth to come out. The truth is neither Ferguson nor Erickson had anything to do with Heiholt's murder. The police utterly failed to investigate the most viable suspect, Michael Boyd. Erickson was so drunk he blacked out and never remembered what happened that night. Ferguson took him home is what happened. But he heard about the "2 young white males" and thought maybe he/they were involved. That's how he came to police. The police then brainwashed into him a false detailed accounting of the murder, so they could "solve the crime". Then the prosecutor leaned on Trump to falsely finger Ferguson, (for which he is now begging Ferguson forgiveness). Result - 40 year prison term false conviction for Ferguson. But they got their conviction, and that's all they care about. I encourage everyone to learn as much about this case as you can. I think you'll agree. Maybe Michael Boyd did it, maybe not. But at least he had the opportunity and potentially a motive. Heitholt had someone's hair in his hand, bloody footprints, DNA. Did any of this match those convicted? NO. Did the police even bother to see if they matched Boyd? NO. Ryan Ferguson is about the least likely person imaginable to have committed this crime. He was an Eagle Scout, do you see a lot of those folks go on to commit murder ?! This is the worst miscarriage of justice I have ever seen. It needs to be set right. Does Missouri care about justice? You better. You could be the next one going to prison for something you didn't do.
at 5:14 p.m.
Denise Knipp: My heart breaks for Ryan's parents and his sister. I simply can't imagine the pain this injustice and their continuing fight has caused. The time is now to move in the right direction to right this wrong. I've seen the news magazine stories, I've read the court documents, I've listened to the accusers recant and I've heard the accusations of corrupt processes in the lead up to the trial. So much of this case screams injustice. It's past time for Missouri to free Ryan.
at 5:22 p.m.
Marilyn Taliaferro: How many law officials are willing to follow those who are too cowardly to stand up and say "we got it wrong" in this trial and subsequent hearing. This is an embarrassment to the state of MO. He doesn't need another trial he simply should be released based on the lack of evidence he was involved in this crime. Are the law officials so stupid that they believe Erickson's original confession based on a dream. Come on people,wake up!
at 5:30 p.m.
R westMoreland: This is so unjust. He deserves a new try Trial and a pardon
at 5:43 p.m.
Amy Velazquez: Simply put, if this young man is not released from prison, there is no hope for ALL of us and the legal system that we put our faith in.
at 5:55 p.m.
Kathryn Colnar: Mr. Koster's attitude, questionable judgement, and lack of interest in pursuing justice in the Ryan Ferguson case should scare the daylights out of all MO voters. I'm sure there's another election in his future. Citizens of MO, cast your votes wisely.
at 6:14 p.m.
Rebecca A. Dyer: Facts: 1) The victim was found dead while still grasping the hair of his perhaps his presumed murderer. The hair did not match Ryan Ferguson or Charles Erickson. 2) The additional forensic evidence, i.e., fingerprints and bloody foot prints, also did not match Ryan Ferguson or Chuck Erickson. 3) Five sets of fingerprints were found at the scene of the crime---none of which matched Ryan Ferguson or Chuck Erickson. 4) The tire tool from Ryan Ferguson's car-- the original tire tool, was thought to be the murder weapon; however, two forensic labs proved it was not the weapon. 5) Luminol testing revealed "no blood" in Ryan Ferguson's car or Chuck Erickson's home. 6) Shawna Orndt, as determined by police to be the only witness with a clear view of the suspects, has maintained that the Ryan Ferguson was not the person she saw. In fact, she told Prosecutor Crane this on three separate occasions. 7) Jerry Trump was not even considered by police to be an eye witness because on the night of the murder he stated he did not see the alleged perpetrators. Mr. Trump told FIVE different people he did not see the perpetrators. However, after a meeting with Prosecutor Crane, he suddenly decided he could identify the perpetrators. Alas, guilt finally got to Mr. Trump and he has since recanted, asking for Ryan Ferguson's forgiveness. 8) Chuck Erickson's video-taped confession was clearly coerced. The interrogator was seen providing Chuck with the details of the crime. It was absolutely evident that Chuck had no idea how Mr. Heitholt was murdered so the interrogator GAVE the details to Chuck. Further questioning in the videotape clearly shows Chuck was exploited by police in order to get a confession. 9) According to Forensics 101, the last person to see the victim alive is considered a suspect until ruled out. Well, not in this case. In fact, the last person to see the victim alive had several versions of what transpired that night, had a reportedly rocky relationship with the victim, and had opportunity according to the timeline. Incredulously, he was NEVER investigated by police--no fingerprints, hair samples, foot prints. The police let more hard evidence from this person escape investigation than the evidence it took to convict Ryan Ferguson--because there was none. 10) Prosecutorial misconduct occurred because testimony that would have favored Ryan Ferguson's case was suppressed. Crane did not want the jury to hear it----clear Brady violations. The police blew the investigation; the prosecutor covered for the police; the judge covered for the prosecutor; the Attorney General covered for the judge and the foot bone is connected to the leg bone yada, yada. You get the picture. In the meantime, justice for Ryan Ferguson and his family goes unheeded by a Missouri justice system that ain't so just. Everyone familiar with this case knows Ryan Ferguson did not commit this crime. Pretty soon, the whole world will know it.
at 6:15 p.m.
Becky Chambers: I am shocked that Ryan has been incarcerated for 10 years for a crime he obviously didn't commit. Judge Green, Prosecutor Crane and Attorney General Koster should be ashamed of themselves for letting this sham continue. I pray to God that none of you family members are ever treated as poorly by a system that says you are innocent until proven guilty by a court of law. Ryan was never proven guilty because there was no physical evidence to prove he was even at the scene of the crime. There is no way Ryan can be given back the years of freedom that were stolen from him. But do the right thing. Right this miscarriage of justice and free Ryan Ferguson.
at 6:28 p.m.
Suzan Moren: Others have detailed the factual and legal aspects of this case beautifully, so I just want to add, that what really drove it home to me was an interview with Ryan's sister regarding the events of that day. Ryan, then 17 yrs old went with his older sister shopping for Halloween costumes. That evening she made the unwise decision to sneak Ryan and Chuck who were under age into a local bar. The prosecution then alleges that these two teens left the bar and decided to rob and beat to death someone so they could have some more beer money. ABSOLUTELY RIDICULOUS! The guilt Ryan's sister is living with for almost 10 years is unimaginable. Watch the TV shows dedicated to this trial on your computer, read the facts, and there is no way you will think this boy is guilty.
at 6:33 p.m.
Lisa: Missouri should be ashamed. Those involved in this insidious cover up will one day be judged. In the meantime, you can quit paying their salaries Missouri.
at 6:44 p.m.
Marita Nolte : I have been following this case for the last 4 years. I heard about it from someone I worked with. I kept up with every update since then. This makes no since that Ryan is still in Prison. I agree COMPLETELY with this article, there I enough REASONABLE DOUBT Ryan Ferguson should be granted another trial. This case ha clearly been left unsolved and its scary to think that our judicial system is capable of just blaming whoever they can just to SOLVE a crime so they can move on to the next case!!! This is UNACCEPTABLE!!!!! This case needs to be settled one and for all in court where everyone is telling the TRUTH if the attorney general doesn't want to believe chuck Ericsson I can't say I blame him but it creates reasonable doubt so give Ericsson and or ferguson a lie detecter test. This case makes me doubt or judicial system and the integrity of its officials this case really bothers me and someone needs to step up and do the right thing!!!!!!!
at 7:09 p.m.
Courtney Pollard: Has anyone thought about rallying a mass letter writing not only to Koster, but also to other officials? Online petitions don't seem very effective, but it's harder to ignore an overwhelming mass of letter swarming their offices decorated with "Free Ryan Ferguson" and such. Pen and paper and a little bit of wide-spread coordination on a specific date might gain political attention. Just a thought.
at 7:11 p.m.
Colleen: Its sad that the judge and prosecutor are more concerned about admitting they were wrong than true justice. The Governor needs to step in. This is going on to long. Let an innocent man free!
at 7:35 p.m.
Missouri Mom: After seeing and following this whole case, the one thing I can say is that I am totally ashamed that I am born and raised in missouri. They should let Ryan go free to get on with his life, so he can try and put all of this behind him.They obviously have the wrong guy in prison,they need to be looking for the real killer. Let's hope God does a better job on judgement day than this court did on trial day!
at 8:20 p.m.
Patty Van Valkenburg: The injustice that has been served to Ryan is unimaginable. The Missouri Attorney Generals Office needs to step up and take responsibility for this wrong conviction. At least give this young man a new trial and let a jury decide based on the evidence and witnesses that are now available, and their testimonies today. Does anyone in the Missouri Attorney General's Office have a conscious?
at 9:23 p.m.
Irene Jones: This is to the justice system of Missouri that would make this young innocent man suffer so much! You are starting to look bad, really bad in front of the rest of the country. People's faith in you is being shattered!!! Does that not mean anything? Nobody wants an unfair crucifixion!!! We are past the middle ages! This is not justice!!!!!! You're causing so much harm! I'd rather you admit a mistake that let this poor kid live another day in a place that was not made for him.
at 9:32 p.m.
Erin and Mike Mulcahy: Thank you for this editorial, no one should be silent until every American has heard Ryan's story. Our 13 year old son brought this story to our attention, "Mom, can you believe someone could be convicted of murder based on a friend's dream? How lame is this?" Spoken by a kid and couldn't have been stated more eloquently. Prosecutor Crane spoke volumes when answering a question to journalist Erin Moriarity of 48 hours. Ms. Moriarity asked if he was bothered that none of the physical evidence belongs to either Ryan or Chuck. Crane's response "No, it doesn't bother him at all because it is not his job to figure everything out about the crime" People of Missiouri forget about "shaming" Judge Green, Prosecutor Crane and AG Koster....these 3 men do no have any conscious about the crimes they have committed or keeping an innocent young man in prison. All three should be fired!
at 9:42 p.m.
Cathy Miller: I am so ashamed to say I voted for Koster. I thought I was making the right choice. I want to ask Ryan and his family for forgiveness for being so stupid in voting for this cruel incentive man. I assure you that Ryan's outcome will be my voting guide next election. Justice for Ryan!!!
at 10:29 p.m.
Stephen Hartman: This injustice is purely political at this point. The travesty is that they are using Ryan as a pawn. The police do not want to admit they were wrong and the Attorney General's Office, who could end this unjust imprisonment has stood back without conviction of what is right and wrong. There should be NO new trial required based on evidence. The AG office or the Governor of Missouri grows a set and sets this young man free before his entire life is wasted!!
at 10:47 p.m.
Anita Street`: They have the wrong person in prision and I think they need to do something about it., It is clear the system isnt working in this case!!!
at 11:09 p.m.
Outraged MO Mom: My heart breaks for Ryan and his family. My entire being fears for the citizens of Missouri. AG Kostner has made a grave error in publicly stating he puts this state's financial woe's over the innocence and freedom of young mans life. I do not pretend to know why such horrific injustice occurs, only that when it does, we, as human beings are forced to learn from it. That said, I remember when the case broke, the feeling for a rush for judgement was thick in the air over Central MO. And the media fed the fire by putting as much bull manure over it as they could. I did not know any of the people involved. But I knew with Kevin Crane as prosecutor, the case of solving Mr. Heiholt's murder was doomed. For it is no big mystery in Boone Co., that Kevin Crane cared way more about his own political future and winning cases than the real truth. He didn't care who he sent to prison or even death row. Judge Green purposely ignored the law, Crane lied to win & Kostner cares more about money than justice. All three should be disbarred and send to live behind bars for the INjustice they have served. I applaud The Maneater for their stand. God knows, regarding MO style justice, it was a brave and honorable move. I firmly believe that when Kostner addressed his "concern" over the cost of a retrial, he real concern is over the amount of MO money the Ferguson family could sue for when the state is finally forced to admit their wrong doing. But he is forgetting the Ferguson's only want their son back. They certainly don't seem to be after all the gold in Mo coffers. None the less, the State of Missouri has to admit they have made the most horrible of errors and SET RYAN FERGUSON FREE AND PARDON HIM!!!! Until that happens, every MO parent should fear for their safety of their children. Not from the boogey man, but an prideful overblown state judicial system. While we must all remember the real murderer remains free, so do the members of law who swore to protect and uphold The Constitution, chose instead, to protect their own asses. My prayers are with the Heinholt family and the Ferguson's. I sincerely hope and pray the State of MO and it's local media will learn to never again rush to judgement when such power is in their hands.
at 11:26 p.m.
Missouri Citizen: If you look at other innocence cases here in Missouri it's very clear that our Attorney General, Chris Koster has no interest in justice. His only concern is protecting the unethical behavior of the judges and prosecutors in the state of Missouri. Take a look at what he proposed in regards to George Allen, Dale Helmig or Mark Woodworth's case. Even though they are innocent and every shred of evidence in those cases proves their innocence, he was intent on retrying these men. What he has done and continues to do is unconscionable and we as citizens of this state need to let him know that what he is doing is not what we elected him to do. Where things stand right now there is no way on earth I could vote for Koster in a future election. His record becomes more and more tainted with every innocent person that he denies justice. Kenny Hulshof, Kevin Crane, Judge Asel, Judge Roper, Judge Green. They all function the same way. But slowly people are getting a glimpse into how our legal system works.....or more appropriately....doesn't work! Ryan Ferguson's case is shining a spotlight on a hugely flawed system. We are the people of Missouri. We have a voice. We need to demand to be heard! Koster is an elected official but he is not listening to the voices of Missourians. We need to keep flooding his office with mail and calls. He needs to know that we do not support him in his efforts to hide the truth.
at 11:40 p.m.
Alyssa Hillman: I think about this poor man almost every day. There is no doubt in my mind that he is innocent, and it upsets me more and more as time passes that something hasn't been done about it. Someone needs to stand up and admit that the system isn't perfect and sometimes innocent people are convicted. It shouldn't take this long. Something's got to change. Give him a new trial and there will be NOTHING to convict him on. Or better yet, skip the trial, open the door and let him walk!
at 11:41 p.m.
Dorothy : My heart goes out to Ryan Ferguson and his family!! It is but by the grace of God that any one of us could find ourselves in this horrific situation. Our Judicial System has demonstrated that it is not capable of stepping-up-to-the-plate and doing what is right and true. Why hasn't Governor Nixon intervened and investigated the Judicial System and there motives? Then we have Attorney Koser who is blatanly turning a blind eye to the relevance of the true nature of this case. The Political agenda stinks!! The World is aware of "48 Hours, "Dateline", and all the Newsworthy articles dissecting the unfortunate stance Ryan has had to shoulder while the true murderer is walking free and untouched. Could it be beneficial if our National News Anchors would be contacted such as Bill O'Reilly, Geraldo at Large, Nancy Grace, John Walsch, Judge Jeanine?? It is total embarrassment and a breach of justice that the State of Missouri has condoned in Prosecutor Crane, Judge Greene, Police and Investigators and anyone else who has a hand in not doing what is true, right and just. We, as citizens of this State deserve to be served and protected, not thrown away by a dysfunctional System that has no credence. We The People will stand by Ryan Ferguson and will not be silenced until due justice is acknowledged and served. Godspeed!!
at 11:44 p.m.
Jeff Gottlieb: If there are any Mizzou students out there reading this article and thinking "why should I care" -- you should! Let's be honest, if this could happen to this young man then it could happen to any one of you at any time. That the State might get away with manufacturing a case because they were desperate to "solve" it should scare all of us.
at 12:10 a.m.
Jo: Ryan should be released with a clear record. He should be compensated for wrongful imprisonment. Compensate his parents for the legal fees. Not to mention punitive fees. On the other hand, Judge Green Prosecutor Crane and Attorney General Koster should all be investigated. These men should be brought up on charges for so many different dirty deeds. They then should remain behind bars until the states able to find funds to give them a trial. No Bail or 65 Million bail each. Since they believe Missouri has "soft" Judges we must be sure to find a Judge who loves the law and dislikes those who abuse the judicial system. He also has an extreme dislike for those with abuse their power. The power to go around the system to further their own careers and agendas. This Judge will release Ryan as soon as he reads the Petition for Writ of Habeas Corpus for Ryan Ferguson. Ryan will walk a free and innocent man. Then the Judge will turn his chair around to Green, Crane and Koster and a new fair trial begins bringing in every single piece of evidence. And, for good measure the trial should be shown on Crime Channels and Nancy Grace. Ryan will become a crime victim analyst for Nancy Grace, Fox News, Crime TV.
at 8:36 a.m.
Randi J.: The state of Missouri continues to keep Ryan in prison despite overwhelming evidence of his actual innocence. It's said we are innocent until PROVEN guilty. In Ryan's case, he was never proven guilty, just made to look it. It should scare everyone to think that this can happen to anyone. While Ryan certainly has been wronged by our system, sadly he is not the only one. Our so called "justice system" is seriously flawed and change is needed. We need to continue to fight for Ryan and the countless others until our voices are clearly heard.
at 9:17 a.m.
Debra McCarty: I can not believe the injustice going on here, it is so obvious that Ryan is 1000% innocent! I have to wonder what is really going on here.
at 9:35 a.m.
David L: It takes broad shoulders and courage to admit to error. We know that police forces and governments tend to have neither in cases like this. Thankfully the death sentence has been pulled from the arnsenal of punishments and the David Milgards of the world have lived to see their erroneous sentences overturned and freedom returned. Perhaps the fear of compensation hardens the resolve not to reopen a case, with the potential of false imprisonment.
at 9:55 a.m.
Lesley Korn: Here in Britain, we had always thought that the USA had a fair and ethical justice system - one very much like our own, not perfect but with safeguards in place to correct mistakes or malpractice. How wrong were we?!!! After learning about Ryan's case, we now realize that, at least in Missouri, those with power choose to do their very best to thwart all attempts to free their wrongfully convicted citizens. The energy and zeal with which they continue to protect and cover up their cronies' incompetence/misconduct would be better spent finding Mr Heitholt's killer, and giving Ryan back his freedom. The eyes of the world will continue to watch how Missouri's elected officials conduct themselves......this has become more than a 'local issue'.
at 10:04 a.m.
Ilona J.: Why should Ryan have another trial he should never have had the first one. I have followed this and if anyone should stand trial it should be Kevin Crane and the Detective on this case, I'm not even sure at this point that Charles Erickson had anything to do with this. I send an Email to the Governor on behalf of Ryan and was told that Ryan must complete an Application for Executive Clemency. I need to ask " Clemency " really for something he did not do..
at 10:26 a.m.
Ilona J.: I think it is digusting that this is happening this day and time, now that we can clear people with DNA etc. From what I saw on 48 hrs. Green, Kostner, Crane and the Detective should all be fired. I'm not even sure that CharlesErickson was involved. The law found an easy way to solve their case and that's it.
at 10:29 a.m.
Dan Miller: I just recently moved to Columbia, Missouri. After reading about the Ryan Ferguson case I am angered that the powers that be in this state seem more interested preserving the "good old boy" network and watching each other's backs than serving the people and the justice system. I want to appeal to all of the police investigators, the prosecutor, the judge, and Missouri Attorney General's office to have some integrity and give Ryan Ferguson another day in court.
at 2:39 p.m.
Mary Stephenson: Ryan should not have to endure another trial. There isn't any evidence. We all know he is innocent, it has already been proven. What are they waiting for, I pray that they will come to realize that they were wrong and admit it. Still praying for Ryan, God bless you Ryan.
at 7:11 p.m.
Kathy Caldwell Davis: Ryan should be home with his family & friends. They should free him now. They say what comes around goes around. Wonder how the judge & officers would feel if this were their child in jail for a crime he didn't commit. Now we know the justice system has messed up Ryan's life. Ryan & his family are in my thoughts & prayers.
at 12:36 p.m.
Linda H.: There is not a day that goes by when I do not think of Ryan and this horrible injustice. This is every parents worst nightmare and something no one should have to go through. I have followed this case from the beginning and the thing that touched my heart is the way Ryan and his famly have handled themselves with such grace and dignity. They have remained positive determined to push foward and stay the course. They are truly inspirational people.
at 12:43 p.m.
maria porcaro: I too have been following the story of the wrongful incarceration of Ryan Ferguson after watching the special the 20/20. I was amazed how he holds no ill will towards his so-called friend and ex con witness. I fully respect and admire him, and don’t know if I could ever have the humility and hope that he has shown through these difficult years. I pray that he can hold on to his dream of one day being released to live free once again. Ever wonder how General Koster would feel if he were in Ryan’s shoes, what if it was HIS son? Ryan Fergusons life is wasting away and precious moments are being lost because he is not with his loved ones…. We need to what ever it takes to exonerate him. I signed the online petition, have been mailing letters to the Supreme Court in Missouri, and will continue to support Ryan and his family for as long as it takes.
at 3:56 p.m.
Jenny Poelman: Thank you for this article. Join the Free Ryan Ferguson cause page on Facebook, if you're on FB. It's another way of letting your voice be heard, and the support is growing. Here is a direct quote from Missouri AG Koster's Wikipedia page: "Koster champions legislation for Truth in the Missouri Court System." Really. Show me.
at 4:16 p.m.
Lisa H: I agree completely with this article. I am stunned that MO has not righted this terrible wrong yet, even with the whole world watching them.
at 7:45 p.m.
Kim: I have followed this trial for years...and I can't for the life of me understand how this young man is still in jail!! My heart breaks for him and his family! Praying for god to restore this family and the minds of those who have betrayed Ryan!!!!god bless all of you!! Will continue to share information about this case on Facebook!!! Shameful!!!
at 12:39 a.m.
Maryse: WOW!!!!! This is BEYOND a JOKE. I am from AUSTRALIA, & I have seen, read, watched, & Followed many many cases of this kind. Yet! nothing has ever made me sick to the core about how NO ONE is willing to remove this case from the ongoing travisty of justice, & place in in the hands of impartialily. Ryan will NEVER EVER get a "Fair GO" (as we say) there as long as it remains in the hands of all the same people who are going to keep going around like a merry go round. Its his youth & his life at stake, why do they care? His family has lost their son, brother, his entire circle has lost, & not to mention America, You have lost a Good citizen to a corrupt system, using these kids as scapegoats to HOW WRONG YOU ALL GOT IT FROM THE START! Seriously America? listen to your fellow citizens who all see this is beyond a miscarriage of justice from start to end.. Any justice system, or Police anywhere in the world can get it wrong, but to not right this wrong when it is clear to the world HOW WRONG, this is the travisty that befalls Ryan, His family, friends, & You as a nation. I feel sorry for all the players in this most unjust event, The victim, the accusers, the accused, & most of all the innocent, caught up paying the polotical price of egotistical nonesense. SHAME ON THE STATE OF MO! Folow the others who have been strong enough to stand up & admit their mistakes in the past. The innocence project has freed so many people, only because those involved, were not afraid to stand up and admit, & not make it a bigger crime by letting their ego get in the way of Justice. Right now, I am prouder than ever to live in the land of the "Convicts" as most like to call Aussies, & so far from the rest of the world. As no matter what the cost or how long it takes, They will always see that justice is served for the sake of justice for one & all alike. FREE RYAN FERGUSON! A blind man can listen to the evidence as know he is beyond innocent! He won't need to see the players in this are all about themselves. What hope have your citizens have in the knowledge that they will not be looked after in the face of such an event. I HAVE LIVED IN THE USA, so It worries me deeply that a Minority of corrupt bigots put their pride & ego ahead of a young mans life. GROW UP & TAKE RESPONSIBILITY MO. Makes me wonder how all these people sleep at night, I know Ryan does. as he has no reason not to. other than the nightmares caused him by these fools in higher places. KARMA ... will ALWAYS get you in the end. Ill be afraid to ever be in their shoes, cause this fate may one day befall my family or loved one. & there will be all the other "JERKS" out there who took a leaf from your book, & treat them the way you have treated these Boys & their families. DISGRACEFUL MO!
at 8:04 p.m.
Apryl Whitt: When I saw this story on 48 Hours, I was just sick! Our justice system just doesn't exist. People just don't care anymore! I truly believe that Ryan's day is coming and he will be out of prison in the near future. I believe "what comes around goes around". Justice is coming for Ryan, God is watching over this! He will be freed!! Bless you Ryan..
at 12:43 p.m.
Donna: I believe that both Ryan Ferguson and Charles Erickson are innocent. Charles was a very messed up kid who was coerced and then set up. He was made to believe that he committed the crime and that Ryan was an accomplice. The real killer cant believe his lucky stars and is laughing his head off. I don't believe the identikit picture is even what the real killer looks like. Some body knows the truth. This was a crime fueled by hatred, Even if the truth were to try and show its self the authorities would more than likely push it under the rug rather than have egg on there face. Its simple no DNA no case. If they did it there would have been something. The poor soul had someones hair in his hand! that's a lead isn't it?
at 4:19 p.m.
Deana Miller: I have followed this story from the first time dateline aired it many years ago. I grew up in Missouri and had been to Columbia many times. After the Dateline story, based on what I had seen, Chuck Erickson was so clearly coerced that it was not fathomable to me that it would be possible for any jury to convict based on the evidence I saw. I realize that on a television show you don't see all the evidence, but the evidence that mattered was the evidence that I saw with Chuck Erickson on video tape. To me that told the whole story. He was fed the details, it was so obvious even to a layperson. He simply did not know the details of the crime. He was confused, he even had to be told how this poor man was killed. There was absolutely NO physical evidence of their presence at the scene, in fact, the evidence was that it was NOT either of these boys. Witnesses have changed stories, recanted, Chuck Erickson has as well, and I don't even believe he was ever there, and all this time this young man sits in prison. I thought it would be rectified within a short time. Never did I believe that this many years later, Ryan would still be sitting in prison for this crime. This case made me not trust the justice system, and it also made me feel like there must be some corruption there or this would have been resolved long ago and the right thing would have been done. It's time for the right thing to be done.
at 11:03 p.m.
Sherry Wozniak: It is all ego. When will state employees, such as prosecutors, humble themselves and simply seek truth. I am sure this is tied to the good old buddy system. The new prosecutor not does want to make the old prosecutor look bad (who is now a judge), and the judge who ruled on the case probably plays golf with all of them. Shame on all of them for not doing their job. Also, I would sooner have my tax dollars be spent on appeal cases like Ryan's than some of the other garbage they spend it on now. So no Mr. Prosecutor, it is not $ poorly spent.