Court Throws Out Ryan Ferguson Murder Conviction

An appeals court determined that new evidence establishes his innocence in the 2005 case.
2:50 | 11/06/13

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Transcript for Court Throws Out Ryan Ferguson Murder Conviction
After 9 1/2 years behind bars. Trials and appeals and motions. Finally 29-year-old ryan ferguson is expected to be released for a crime he said from day one he knew nothing about. This is the day and the news ryan ferguson's parents have been so desperately waiting, hoping and praying for. I feel great. Ecstatic. Reporter: Tuesday, a missouri appeals court overturned ryan's 2005 conviction for the murder of sports journalist kent heitholt. This is the most serious thing that can happen with a trial. When the court has said this trial was not fair. Reporter: None of the physical evidence found at the scene, bloody footprints, fingerprints, hair, matched ryan's. But a friend of his came forward two years after the murder to claim he and ryan killed ken heitholt together after a night of drinking. I looked up. And ryan was over the victim. Reporter: And a janitor identified ryan as one of the men he saw at the murder scene. But years later, both men had mitted, under oath, that they had lied at the trial. I sat down with ryan last month before the court's ruling. It's very frustrating because we found so much that helps prove my innocence. Reporter: And it turned out prosecutors had not turned over evidence that could have help prove ryan was innocent. The appeals court found the, quote, newly discovered evidence, clearly and convincing establishes that he is actually innocent. When do you expect to be released from prison? Before thanksgiving. Reporter: Out before thanksgiving. I can't believe I can say that. I do. I do. Reporter: And ryan's father, bill, knows exactly where they'll go. I think we're going to be heading for the basketball court. We want to play basketball. Reporter: Now, prosecutors have 15 days to decide whether to retry ryan. Without any physical evidence or witnesses prepared to testify against him, it's hard to imagine how they would do that. There's still a tiny chance he may not get out. There's two ways. Number one, the state could appeal the appeals court ruling. And none per two, they could, in theory, decide to retry him. In most of these kinds of cases, when a new trial is ordered, very often, the prosecution will say, fine. We're going to try him again. In this case, you just don't see how that happens because the two, key witnesses haven't just recanted. They have testified under oath that they lied. It is time to end this. It is time to release ferguson. Does ryan have any recourse against the witnesses or the state? Against the witnesses, in theory, he could for things they said outside of court. But the bottom line is, his goal is going to be moving on with his life. Will he sue? Maybe. But I think his number one concern is getting out. Dan abrams, thanks very much. Let's get the weather from

This transcript has been automatically generated and may not be 100% accurate.

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