8th Circuit hears Ryan Ferguson police misconduct appeal

2 months 1 week 6 days ago September 21, 2016 Sep 21, 2016 Wednesday, September 21 2016 Wednesday, September 21, 2016 6:34:00 PM CDT in News
By: Felesha Lee & Kristen Elmore, KOMU 8 Reporters

COLUMBIA - The United States Court of Appeals for the 8th Circuit heard the oral arguments of lawyers for the Columbia Police Department and Ryan Ferguson on Wednesday. Ferguson alleges the Columbia Police Department fabricated evidence in 2001 before Ferguson was found guilty in the murder of Kent Heitholt. Ferguson's sentence was vacated in 2013.

Ferguson said officers and detectives in his case caused his friend Charles Erickson to confess to the murder of Hietholt. Erikson is still in prison.

The Columbia Police Department said all claims against its officers should be dismissed because they have qualified immunity, which means the police do believe if there were any mistakes made during the investigation, they would not have changed the outcome of Ferguson's murder conviction.

Kathleen Zellner, Ferguson's lawyer, said in court on Wednesday the defendants shouldn't be arguing qualified immunity because the defendants did not bring the argument before the lower trial court.

CPD also said it believes all claims against its officers should have been dropped at the trial level because there are no facts in dispute, but Zellner does not agree. Zellner said there are police reports with conflicting information from witnesses.

If the U.S. Court of Appeals upholds the trial court decision, the remaining claims will go before a jury in Jefferson City.

 

More News

Grid
List
COLUMBIA - A proposed overhaul to a section of Columbia city code could soon make the city's parks more friendly... More >>
4 hours ago December 04, 2016 Dec 4, 2016 Sunday, December 04 2016 Sunday, December 04, 2016 5:53:00 PM CST in News
BRANSON (AP) — Authorities are investigating after a fire damaged a resort condominium building under construction in Branson. ... More >>
4 hours ago December 04, 2016 Dec 4, 2016 Sunday, December 04 2016 Sunday, December 04, 2016 5:51:20 PM CST in News
CAPE GIRARDEAU (AP) — The New Madrid Fault has had a fair amount of minor seismic activity in recent weeks.... More >>
4 hours ago December 04, 2016 Dec 4, 2016 Sunday, December 04 2016 Sunday, December 04, 2016 5:42:47 PM CST in News
KANSAS CITY (AP) — A horse drawn carriage was involved in an accident on the Country Club Plaza, injuring three... More >>
4 hours ago December 04, 2016 Dec 4, 2016 Sunday, December 04 2016 Sunday, December 04, 2016 5:41:15 PM CST in News
NAYLOR (AP) — Two southeast Missouri men have been honored as heroes for saving a man and his toddler son... More >>
10 hours ago December 04, 2016 Dec 4, 2016 Sunday, December 04 2016 Sunday, December 04, 2016 12:04:12 PM CST in News
COLUMBIA - The first Chocolate Festival in Columbia will allow mid-Missouri residents to snack on tasty treats while giving back... More >>
17 hours ago December 04, 2016 Dec 4, 2016 Sunday, December 04 2016 Sunday, December 04, 2016 5:16:00 AM CST in Top Stories
CAMDEN COUNTY - One man was airlifted to the hospital Friday after his vehicle overturned. According to the Missouri... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 9:22:34 PM CST in News
KANSAS CITY (AP) - Authorities are investigating after tools and equipment were stolen from a Kansas City woodworking shop where... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 8:54:00 PM CST in News
KIRKSVILLE - The Kirksville Arts Center broke out in flames Friday evening. According to an email from the Kirksville... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 7:42:00 PM CST in News
COLUMBIA - A film about the life of a Missouri artist and politician was shown for free on Saturday. ... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 6:09:00 PM CST in News
JEFFERSON CITY - Stephen Webber has been elected as the new Chair of the Missouri Democratic Party on Saturday. ... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 4:12:00 PM CST in News
COLUMBIA - People came to celebrate Kwanzaa early this year at the Progressive Missionary Baptist on Saturday. The African-American... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 4:05:00 PM CST in News
SPRINGFIELD (AP) — A Missouri woman faces 12 years in federal prison for leading a fraud scheme. The U.S.... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 3:29:38 PM CST in News
COLUMBIA – Over 40 local authors showed off their work and networked with other writers at the Local Authors Open... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 2:55:00 PM CST in News
COLUMBIA - Around 10 a.m. Saturday, a man driving his car northbound near Highway 63 and Stadium flipped over. No... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 11:38:33 AM CST in Top Stories
JEFFERSON CITY (AP) — Missouri lawmakers have struggled to find a way to pay for repairs along thousands of miles... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 10:59:00 AM CST in News
ST. LOUIS (AP) — Missouri is seeing a startling decline in methamphetamine lab seizures, but it isn't because users are... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 10:50:00 AM CST in News
COLUMBIA - The Women's Symphony League kicked off the annual Holiday Home Tour, which is its biggest fundraiser of the... More >>
1 day ago December 03, 2016 Dec 3, 2016 Saturday, December 03 2016 Saturday, December 03, 2016 4:12:00 AM CST in News
Columbia, MO
Broken Clouds 36°
11pm 32°
12am 31°
1am 31°
2am 31°

Select a station to view its upcoming schedule:

Coming Up Next

10:30p
KOMU 8 News @ 10
11:05p
Sports Extra with Chris Gervino
11:35p
The Simpsons
10:30p
Cops Reloaded
11:00p
Heartland
12:00a
Sliding Doors

Tonight's Schedule

6:00p
Football Night in America
7:20p
Sunday Night Football
6:00p
Labyrinth
8:00p
Marvel's Agents of S.H.I.E.L.D.
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld