Ryan Ferguson lawsuit goes to federal appeals court

An attorney for six Columbia police officers argued that civil claims shouldn’t stick in a multi-million dollar federal lawsuit filed by Ryan Ferguson.

The officers appealed Missouri district court Judge Nanette Laughrey’s decision to keep charges of conspiracy, false arrest and malicious prosecution against them in relation to Ferguson’s arrest and conviction for murder in 2005. Ferguson spent nine and a half years in prison for the murder of Kent Heitholt, and accused the officers that took part in the investigation of fabricating evidence against him.

The three judge panel, including Judges Roger Wollman, Jane Kelly and Morris Arnold, heard whether or not the claims should be dropped based on “qualified immunity.” Brad Letterman represented the officers in Wednesday’s hearing in front of the Eighth Circuit Court of Appeals, and said the evidence Ferguson brings up had little to nothing to do with the 2005 trial. Interviews with Dallas Mallory and Megan Arthur were never used at the trial, which Ferguson argues had a greater impact on the state’s key witness, Charles Erickson. He eventually pleaded guilty to second-degree murder, after testifying against Ferguson at the trial.

Ferguson’s attorney Kathleen Zellner said the Court of Appeals should not even have to review this case. Since Letterman did not properly raise the issue of qualified immunity at the district level, he could not appeal on that matter. She said the officers “misunderstand” the point of the case. Zellner said the “fabricated” police reports from several interviews led Erickson to believe he and Ferguson were the killers, and that Erickson’s testimony played a crucial role in the trial. Arthur told the attorneys in a 2015 deposition, for example, that the police report generated from her interview contained many things she claims she didn’t say.

“Mr. Ferguson didn’t get a fair trial, it was based on fabricated evidence, and that’s what a jury is going to hear and decide, and we’re going to ask for damages for that,” Zellner told ABC 17 News after the hearing. “For nine and a half years of his life being taken on a fabricated case.”

Zellner said along with the new depositions, the team found at least one police report that was changed in his case to prove claims of “fabricated” evidence. Letterman downplayed many of the examples brought up, including the notion that Erickson was “fed” information. The police report from his interview, Letterman said, came from after Detective John Short spoke with him. Letterman questioned whether a jury could effectively “get into Erickson’s state of mind” and find out if he was coerced to testify.

The three judges will decide whether or not Judge Laughrey needs to make a clear ruling on the qualified immunity argument. There is no timetable set for that ruling to be made. Zellner said she is confident the judges would rule in their favor, and allow for a trial to start.

“Was this a reckless investigation, did they ignore evidence of his innocence,” Zellner said. “Did they also ignore other suspects in the case? All of those things will be presented to a jury.”