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A timeline of events in the Ryan Ferguson case

Evidentiary hearing scheduled for Monday
Sunday, April 15, 2012 | 6:00 a.m. CDT; updated 3:55 p.m. CDT, Wednesday, October 31, 2012
Ryan Ferguson sits in a visitors room at the Jefferson City Correctional Center in this July 2011 file photo. Ferguson was convicted of second-degree murder in 2005. He was sentenced to 40 years in prison, but has always maintained his innocence.

COLUMBIA — After being postponed from its originally scheduled date in October, Ryan Ferguson's hearing for a new trial will begin Monday in Cole County Circuit Court. Below is a timeline of important events related to the case since Kent Heitholt's death in 2001.

Nov. 1, 2001: Kent Heitholt, a sports editor for the Columbia Daily Tribune, was found dead in the newspaper’s parking lot just after 2 a.m.

Jan. 21, 2004: Tipster calls the police, claiming that Chuck Erickson and Ryan Ferguson are possible suspects in the murder of Heitholt.

March 10, 2004: Police receive a call reporting that Erickson was talking about the homicide.

March 11, 2004: Erickson tells the Columbia Police Department he was involved in the murder and robbery of Heitholt two years earlier. He was charged and arrested. Ferguson was charged and arrested but denied any involvement in the murder or robbery.

Nov. 4, 2004: Erickson plea bargains for 25 years in prison, and pleads guilty to second-degree murder, first-degree robbery, and armed criminal action in exchange for giving truthful testimony against Ferguson.

Dec. 5, 2005: Ferguson is found guilty of second-degree murder and first-degree robbery. He is sentenced to 40 years in prison.

Feb. 17, 2006: CBS "48 Hours Mystery" episode covers the murder trial of Ferguson, called "Dream Killer."

Nov. 1, 2006: Public Defender Ellen Flottman presents an appeal for Ferguson to the Missouri Western District Court of Appeals because a K-9 unit was not allowed to testify at the original trial.

June 26, 2007: Ferguson’s appeal is denied and the conviction upheld.

Aug. 21, 2007: Missouri Supreme Court refuses to hear Ferguson’s appeal.

Nov. 14, 2007: Ferguson files a pro se, or Rule 29.15 motion, on his own behalf, claiming his sentence violates the Constitution.

March 3, 2008: Ferguson amends Rule 29.15 motion.

July 16-18, 2008: Evidentiary hearings are held for Ferguson’s claim that he had inadequate counsel and should receive a retrial because the original confession was invalid.

Aug.13, 2008: Ferguson files habeas corpus appeal and cites denial of due process, equal protection under the law and freedom from cruel and unusual punishment due to Lincoln County jury selection process.

Sept. 2, 2008: Motion court transfers the habeas motion to the Cole County Circuit Court. Petition is denied by the court.

Dec. 15, 2008: Cole County court holds evidentiary hearing about Ferguson's habeas corpus appeal. Ferguson's public defender, Valerie Leftwich, argues that Lincoln County's policy of juror duty opt-out denied Ferguson a random cross-section of the population.

Jan. 9, 2009: Cole County Circuit Judge Richard Callahan rejects Ferguson's habeas corpus appeal that the jury selection process resulted in an unfair trial.

March 31, 2009: Missouri Western District Court of Appeals rejects the same appeal.

May 5, 2009: Missouri Supreme Court declines to hear the appeal regarding jury selection.

June 15, 2009: Boone County Circuit Judge Jodie Asel denies Ferguson's appeal of his 2005 murder conviction. She rejects that Ferguson’s original legal team was ineffective and that Boone County Circuit Judge Kevin Crane withheld evidence when prosecuting the case in 2005.

Nov. 2009: Chicago-based attorney Kathleen Zellner begins representing Ferguson.

Nov. 9, 2009: Erickson sends letter to Ferguson asking to see Ferguson’s lawyers.

Nov. 22, 2009: Erickson tapes a sworn statement that he alone committed the robbery and murder, claiming that Ferguson was an innocent bystander. He still places Ferguson at the scene of the crime. The videotape is given to Zellner. Six months later, Zellner begins representing Erickson in addition to Ferguson.

February 2010: Zellner files a motion to return the case to a local circuit court in Boone County. The state files an opposition to the motion.

June 18, 2010: Assistant Attorney General Shaun Mackelprang files response with the Western District Court of Appeals against Ferguson’s appeal for a new trial.

October 2010: Jerry Trump, a janitor at the Columbia Tribune, gives affidavit that says he lied during the trial. He said in his initial testimony he saw two men over Heitholt the night of his death. Then while serving a prison sentence he received a newspaper with photos of Ferguson and Erickson and determined they were the individuals he saw over Heitholt. In the revised testimony he said he did not see photos of Ferguson or Erickson until prosecuting attorney Kevin Crane showed him photos during a meeting in December 2004.

Nov. 2, 2010: Motion for Supreme Court rehearing and transfer denied.

Feb. 14, 2011: Ferguson files writ of habeas corpus petition that includes the recantations of Erickson and Trump, eyewitnesses in the case.

March 26, 2011: CBS "48 Hours Mystery" airs update to 2006 show that covered the Heitholt murder. The update covers new evidence that supports Ferguson’s innocence, including Erickson's recantation.

May 2, 2011: Assistant Attorney General Stephen Hawke files response to Ferguson’s habeas corpus petition. He said that recantations do not nullify previous testimonies.

May 28, 2011: Zellner files a motion to no longer represent Erickson. Motion is filed to prevent a future conflict of interest because of possibility that Ferguson might be granted a new evidentiary hearing.

July 22, 2011: Judge Daniel Green, of Cole County Circuit Court, dismisses Ferguson’s claims that his trial was unfair due to the jury selection process. The jury selection system in Lincoln County at the time allowed potential jurors to opt out of jury duty by paying a fine of $50 and completing six hours community service.

Aug. 5, 2011: Dateline NBC “Mystery on Halloween Night” airs about the case.

September 2011: Ferguson’s original evidentiary hearing set to take place in October is rescheduled for April 16, 2012.

April 16, 2012: Ferguson’s evidentiary hearing set to begin.


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Comments

Derrick Fogle April 15, 2012 | 10:15 p.m.

It remains extremely improbable that two drunk teenagers could have committed this crime without both leaving behind, and taking with, boatloads of physical evidence.

(Report Comment)
Graeme Clinton April 16, 2012 | 1:10 p.m.

Ryan Ferguson has been convicted and sentenced to 40 years in prison off the back of a distorted confession by his friend who by his own admission was 'out of my mind on drugs and alcohol'. Ryan Ferguson left no physical evidence at the scene of the crime. The only two witnesses used to convict Ryan were Chuck Erickson & Jerry Trump. They have both recanted and claim they were coerced into modifying their statements in favour of the prosecution of Ferguson. This is a grave miscarriage of justice. Please sign this petition to help Ryan Ferguson get a new trial:

http://www.change.org/petitions/please-g...

(Report Comment)
Sarah Snyder April 16, 2012 | 1:27 p.m.
(Report Comment)

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