Ferguson, whose DNA did not match any of the DNA collected at the scene, was convicted of Heitholt’s murder in 2005 based on the testimony of two eyewitnesses who later recanted their testimony.
Ferguson remained in jail for a year and a half after those witnesses finally told the truth at his new court hearing in April 2012 because the judge still didn’t believe one of the witness’s accounts and found that there wasn't enough reliable new evidence to overturn his conviction.