MO - Ryan Ferguson-$100M Wrongful Coviction Lawsuit

[Blondie in Spokane]

I thought that it was a friend of Ryan's sister who saw them drive off.....but I know I could be wrong! Need to watch the video again but don't have enough time right now.

 

[LolaMoon08]

I thought that it was a friend of Ryan's sister who saw them drive off.....but I know I could be wrong! Need to watch the video again but don't have enough time right now.

Seeing them drive off and seeing them actually make it home, leave their car, and enter the home... even if it was a janitor or a sisters friend... is a big deal. Just because they drove off does not mean they went home.

Look, they could be 100% innocent. They could be 100% guilty. From what I do remember of the show... the one who confessed actually went to police, right? Or was he bragging to other people and those people led police to him? A lot of guilty people try to take back their confessions. A lot of guilty people brag about their crimes (that's why a lot do get convicted without DNA evidence).

I don't know? I just hope they know what they are doing. It appeared to me that the parents of the one who didn't confess would do ANYTHING to get him off the hook and out of prison.

 

[LinasK]

Seeing them drive off and seeing them actually make it home, leave their car, and enter the home... even if it was a janitor or a sisters friend... is a big deal. Just because they drove off does not mean they went home.

Look, they could be 100% innocent. They could be 100% guilty. From what I do remember of the show... the one who confessed actually went to police, right? Or was he bragging to other people and those people led police to him? A lot of guilty people try to take back their confessions. A lot of guilty people brag about their crimes (that's why a lot do get convicted without DNA evidence).

I don't know? I just hope they know what they are doing. It appeared to me that the parents of the one who didn't confess would do ANYTHING to get him off the hook and out of prison.

Erickson- the one who falsely confessed- went to the police two years after the crime after having a dream in which he thought they did it! It happens, don't ask me why. Some people do it for the attention like John Mark Karr in the Jon Benet Ramsey case. Everyone wanted it to be him, yet he was nowhere near Denver when the crime was committed.

 

[lawstudent]

1) A female Janitor saw them drive home from the bar? Did she follow them? See them pull in the driveway? Watch them enter the home? Was she on duty? Was she on her way home and just happened to be going in the same direction... to the point where she seen them pull in, leave the vehicle, and go into the home?

2) I see another janitor has recanted his testimony. However... I have to question why? No offense, but the family reminded me so much of the Anthony's when I seen their case featured on ID/Discovery. I just had really bad vibes about them and their son/brother. HIS arrogance didn't help to ease my feelings. Nor did the families attitude.

3) As for the friends "false testimony." I DO agree he seemed off. I have, as well as you have, seen cases where crazy people confess to a crime just because they've seen it in the media. However... I just don't know?

4) I do think the underage drinking is relevant. No one knows what else these boys were doing. At the time of the "false confession" there was no way to prove what all the boys were on that night.

5) DNA evidence. We had all the DNA evidence in the world to convict Casey Anthony and she is free. I DO trust DNA evidence... but, was there even ANY DNA evidence left behind? At all?

My recollection of the story:

1) I thought it was a friend of theirs who saw them depart the bar, and that friend later claimed she was pushed by police to say something else incriminating them - I forget exactly what - maybe that they were getting into the car after the murder instead of before or something. It seems like the police did pressure her and lie to Ryan or his friend about what she said, which I think is terrible, but also unfortunately happens a lot in interrogations.

2) I thought the janitors came out together and saw two young men who said "someone is hurt" and walked away. The female janitor then said she didn't see their faces. But the male janitor said he had and recognized I think Ryan - he later said he was in trouble on other charges and the police pressured him, and he recanted. I think it's totally possible he lied but not sure on that one.

3) The friend is definitely off. I think the police were horrible in terms of how they dealt with him. Initially, I thought he was on harder drugs and so I totally bought that he had a blackout period and then maybe freaked. But now, I think he says that night was just alcohol and either adderall or cocaine, and I know some people can get really messed up by alcohol, but that seems off to me. I can see how over a period of years of drug use he could have imagined this, but they never talk at length about what he was taking. I really wish the police had not fed him info though because now we'll never know. The thing is, wasn't the murder supposedly a robbery but nothing was taken? That to me seems consistent with the friend being mentally off, intoxicated, and thinking something would be a good idea and then it all going wrong quickly - not thought out, not planned, just kind of a stupid idea that some teens come up with not thinking of the consequences. Maybe Ryan initially went along with it and then panicked when the friend started being the guy, I don't know. But the crime itself never having been solved and seeming so sloppy to me speaks of someone who is possibly young, drunk, and unstable.

4) Yes I think it mattes too. Of course, most people drink underage. But it does show they were possibly intoxicated and also were not particularly afraid of taking the risk of entering the bar. Not that this makes them bad people or guilty or anything like that. But it does matter IMO. And this may be judgmental, but teens are very bad at understanding consequences, and when they are in a situation where they are not afraid to sneak into bars, are friends with drug users, and have a sister willing to sneak them in, as a great many kids do, I think whether or not something bad happens is largely a matter of luck. Most teens do not think and could really end up in a bad situation pretty quickly - that doesn't mean they are bad people, but unfortunately they just do not think, and the more they've gotten away with, the worse it is. I know I could have gotten in trouble had I had the attitude that I could get away with that stuff - normal teenage sneaking around can lead to abnormal trouble very quickly.

5) The kid came forward years later. It just wasn't typical. If this had been right after the bloody crime, then no DNA would be quite suspicious. But it's not strange given what happened in this case. If anything, you'd think that if the crime scene had physical evidence indicating someone closer to home, the cops would have known that. But if it was a random crime and then perpetrators weren't caught immediately, and plus with the technology at that time, it would be hard to have any DNA. I do not think you need DNA to convict, but I do agree the case here was weak and I don't know that he should have been convicted. I wasn't on the jury, though. I am not convinced he is innocent, though, either.

 

[LolaMoon08]

Erickson- the one who falsely confessed- went to the police two years after the crime after having a dream in which he thought they did it!

I knew he went to the police. I wasn't sure though. It's been a while since I've seen it. I understand that you are pretty convinced of their innocence. I am going to look into Mr. Boyd tonight. Michael Boyd? I don't have a lot of time to do it right now, but I do want to look at everything. I really am not trying to dispute anything. I just had a very bad feeling about the whole family of the one who didn't confess from the very beginning.

Honest question? Do you think Erickson was dealing with a guilty conscious or was her really just someone who was mentally disturbed? He went to police. Police didn't go looking for him. I get that a "false confession" can happen without police initiating contact (Jon Benet), but I don't think it is fair to say that police are at fault for this "false confession" if he went to them first?

 

[Blondie in Spokane]

it's good to hear/read the differing opinions on this case! I remember the first time I watched coverage of it I immediately thought "wow, this kid was railroaded!" And really can't say that I've ever wavered from that opinion. I also can't say that I ever really looked at it objectively either but do feel he was wrongfully convicted.


I can't imagine being on a jury and having to decipher and disseminate all the evidence and come to a unanimous verdict! That would make me go bonkers!

I feel terrible for Mr. Heitholt's family....they must feel so terribly wronged thru all this.

Anyway, here is a link to the updated 48 Hours episode which I obviously need to re-watch!

http://www.cbsnews.com/videos/ryan-ferguson-lifeafterten/

 

[jggordo]

I knew he went to the police. I wasn't sure though. It's been a while since I've seen it. I understand that you are pretty convinced of their innocence. I am going to look into Mr. Boyd tonight. Michael Boyd? I don't have a lot of time to do it right now, but I do want to look at everything. I really am not trying to dispute anything. I just had a very bad feeling about the whole family of the one who didn't confess from the very beginning.

Honest question? Do you think Erickson was dealing with a guilty conscious or was her really just someone who was mentally disturbed? He went to police. Police didn't go looking for him. I get that a "false confession" can happen without police initiating contact (Jon Benet), but I don't think it is fair to say that police are at fault for this "false confession" if he went to them first?

IIRC Erickson told a friend at school about the "dreams" and the friend "tipped" the police. I don't believe Erickson straight away went to the police. I do believe what started as a conversation between two kids at school turned into a nightmare.

It would be interesting to know if any "crimestopper" or other rewards were paid out in this case, and if so to who.

JMO's

 

[Blondie in Spokane]

Lola, I think that after he dropped into the cops laps after 2 years that they realized he didn't have details that he should have if he had been present during the murder. When they took him in the car to re-enact the crime he couldn't locate the area....he basically looked like he was lost and drew a blank. He had been spoon fed the details of the crime but had no clue where it occurred. (This is what I recall but I need to view the episode again this evening if I'm going to continue to post....my memory fails me a lot due to PTSD so I should really just zip it and sit in a corner and read lol!)

 

[jggordo]

Some defendants in Ryan Fergusons civil lawsuit have filed to have some charges dismissed. The Judge has yet to rule on the request.

"Attorneys for ex-Columbia police Chief Randy Boehm's sought last week to have three of the eight claims against him dismissed. Ex-Sgt. Stephen Monticelli asked that a malicious prosecution charge be dropped. Boone County, the city of Columbia, investigator Ben White and current Boone County Circuit Judge Kevin Crane asked that all counts against them be dismissed."

http://www.abc17news.com/missouri-news/Defendants-want-claims-dismissed-in-Ferguson-case/25732354

 

[jggordo]

Judge sets timeline in Ryan Ferguson civil rights case


A settlement conference has been scheduled for June 19 in Ryan Ferguson's civil rights lawsuit.

"U.S. District Judge Nanette Laughrey also issued an order Wednesday setting a tentative timeline for the lawsuit against the city of Columbia, Boone County, two county investigators, a former prosecutor, six former detectives and the former Columbia police chief and deputy chief. Settlement conferences are routine in civil lawsuits."

"U.S. Magistrate Judge Matt Whitworth is slated to oversee the 10 a.m. settlement conference in courtroom 3A in Jefferson City, according to court records. If the parties do not settle the case, Laughrey's order said the case will go to trial at 9 a.m. May 4."



http://www.columbiatribune.com/news...cle_e4e89306-e87f-11e3-94bc-10604b9f6eda.html

 

[jggordo]

Update on Ferguson's 100M Lawsuit
COLUMBIA, Mo. (AP) — Boone County has spent nearly $100,000 on outside attorneys to defend it and three employees in a federal civil rights lawsuit filed on behalf of Ryan Ferguson and are expected to budget another $100,000 for addition legal fees.


http://www.abc17news.com/missouri-news/Boone-County-boosts-funding-for-Ferguson-lawsuit/26798502

 

[jggordo]

These are today's actions filed in Court on behalf of the City and County in regard to Ryan's case:

"The city of Columbia and Boone County are looking to have the only claim against them dismissed, known as a Monell claim after a 1960s case that found a local government can be sued like a person when someone's civil rights are violated. Former Columbia police Chief Randy Boehm filed to have three of the eight claims against him dismissed: the Monell claim, defamation and malicious prosecution. Former Columbia police Sgt. Stephen Monticelli filed to have one of six claims against him tossed, malicious prosecution."


"Johnson said evidence supports the malicious prosecution claim. He said in Ferguson' complaint, he and Kathleen Zellner, Ferguson’s lead attorney for the last few years, have established how police allegedly manipulated and coerced several witnesses while investigating the case. Ferguson's team plans to present that evidence in discovery and during trial, Johnson said."


"For the defamation claim, Johnson said Boehm would be expected to “be privy to undisclosed facts” as chief and therefore the public would take his word as “an assertion of objective fact.”


Laughrey did not say when she will make a ruling.

http://www.columbiatribune.com/news...atribune/local+(Columbia+Tribune:+Local+News)

 

[jggordo]

Boone County adds funds to defend Ryan Ferguson $100M Lawsuit

"Boone County’s legal costs for defending itself and county employees named in a federal lawsuit brought by Ryan Ferguson could reach nearly $450,000 by the end of the year.


The Ferguson lawsuit, filed in April in U.S. District Court for the Western District of Missouri, named former county employees Kevin Crane — former prosecuting attorney and now circuit judge — and investigators Ben White and William Haws as defendants. Other city of Columbia employees, as well as the city and county as individual entities, also were named.


A motion to dismiss claims against Crane was granted by U.S. District Judge Nanette Laughrey, who ruled Aug. 12 in Ferguson’s $100 million civil rights lawsuit that the claims against Crane were dismissed with prejudice.


Ferguson was convicted in 2005 of first-degree robbery and second-degree murder in the 2001 death of Tribune Sports Editor Kent Heitholt. Last year, a three-judge state appellate court panel vacated his convictions, and he was released from prison."



http://www.columbiatribune.com/news...cle_f60441f7-758e-5431-af8d-ed144ea63073.html

 

[jggordo]

Defendants in $100M lawsuit dismissed by Judge

Although six of the defendants named in an amended complaint filed Aug. 27 by Zellner have been dismissed from the lawsuit, six others — all current or former members of the Columbia Police Department — remain as defendants. Those are John Short, Jeff Nichols, Jeff Westbrook, Bryan Liebhart, Latisha Stroer and Lloyd Simons.


A jury trial in the $100 million lawsuit has been rescheduled for Aug. 24, 2015.



Boone County and the city of Columbia have been dismissed as defendants in a federal civil rights lawsuit filed on behalf of Ryan Ferguson.

"U.S. District Judge Nanette Laughrey on Friday morning granted a motion by Ferguson attorney Kathleen Zellner to voluntarily dismiss without prejudice certain defendants, meaning the complaint can be refiled at a future date."


http://www.columbiatribune.com/news...cle_45192641-8c45-5f26-8749-c605bc3e8a9f.html

 

[jggordo]

"They said the prosecutor's office withheld evidence from defense attorneys and that Ferguson did not receive a fair trial."

"Since his release, Ryan says he's been busy."

"The past year, I've been doing everything I can possibly do," Ryan said. "I've been taking advantage of all of my opportunites. I wrote a book while I was still in prison and I'm getting that published by Penguin. That's coming out January 2nd. I've been doing a lot of speaking, trying to advocate for the wrongfully convicted. Trying to show how our justice system actually functions"



http://www.connectmidmissouri.com/news/story.aspx?id=1122309

 

[Quiet Time]

"They said the prosecutor's office withheld evidence from defense attorneys and that Ferguson did not receive a fair trial."

"Since his release, Ryan says he's been busy."

"The past year, I've been doing everything I can possibly do," Ryan said. "I've been taking advantage of all of my opportunites. I wrote a book while I was still in prison and I'm getting that published by Penguin. That's coming out January 2nd. I've been doing a lot of speaking, trying to advocate for the wrongfully convicted. Trying to show how our justice system actually functions"



http://www.connectmidmissouri.com/news/story.aspx?id=1122309

Good for him. Doing something positive. imo

 

[LinasK]

Good for him. Doing something positive. imo

Personally, I'd like to see him get back in college and complete the education he started when he was arrested. To me, that'd be more productive than defending murderers like Amanda Knox, she wasn't wrongfully convicted- he was.

 

[jggordo]

Ryan Ferguson is donating $1 for each of his upcoming "Fitness" book to the Innocence Project. I have to say one thing. He has quickly learned how to monetize his life and being a "victim" of the Justice system. Meanwhile Charles Erickson remains in prison for the same crime. What I do not understand is that if Ryan Ferguson's platform is to truly help others that have been wrongfully convicted, why not the co-defendant in his case Charles Erickson? Seemingly not one penny to Charlie's defense fund to help him. It was Charlie's coerced "confession" and other coerced "witness testimony", per Ryan's lawsuit. The witness testimony has been recanted across the board yet Charlie remains in prison. As a matter of fact Charlie has had to be put in Ad Seg due to threats on his life stemming from the re-airing of 48 hours episodes painting him as a "snitch".

JMO's

https://www.facebook.com/FreedRyanFerguson

https://www.facebook.com/FreeCharlesErickson

 

[jggordo]

"Then, in March, the Ferguson family’s attorney, Chicago-based Kathleen Zellner, filed a civil rights lawsuit claiming violations on the part of Boone County, the city of Columbia and a slew of current and former members of the Columbia Police Department — though it has since been amended to include just six Columbia Police Department detectives involved with the case. The lawsuit, filed in U.S. District Court, originally sought $100 million in damages but now seeks no exact amount."

"Assuming a settlement cannot be reached in the coming months — and Bill Ferguson is adamant that he, at least, has no interest in a deal — the case will go to trial in August 2015. Some of the same individuals who helped secure his son’s 2005 murder and robbery convictions would stand as defendants in a detailed lawsuit alleging, among other things, the fabrication of evidence and reckless or intentional failure to investigate."

Read more here: http://www.kansascity.com/news/local/crime/article4212850.html#storylink=cpy



http://www.kansascity.com/news/local/crime/article4212850.html

 

[Blondie in Spokane]

EXCLUSIVE - Ryan Ferguson on his first year of freedom: Wrongfully convicted man reveals that the girlfriend he met in prison is helping him cope with life outside as he tells how he survived the hell solitary confinement and has already published his first book

Read more: http://www.dailymail.co.uk/news/article-2885477/Ryan-Ferguson-year-freedom.html#ixzz3MmDHmDtO