UPDATE: Marlon Kiser returns to court for hearing - WRCBtv.com | Chattanooga News, Weather & Sports

UPDATE: Marlon Kiser returns to court for hearing

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Marlon Kiser arrives for hearing Marlon Kiser arrives for hearing

UPDATE: Channel 3 Eyewitness News report Sara Sidery is in court covering the Kiser hearing. You can follow her on Twitter @SaraSideryWRCB


PREVIOUS STORY: Death row inmate Marlon Kiser was back in Hamilton County Court Monday afternoon. He's convicted of shooting & killing Hamilton County Deputy Donald Bond in 2001 and was sentenced to death in 2003.

And has been appealing ever since. But even the Tennessee Supreme Court has upheld his sentence. Leading up to Monday's post conviction hearing.

"It's essentially the last procedural step as far as being convicted that you have to argue before the courts that you are unjustly convicted or unjustly tried," said Neal Pinkston.

Kiser claims his public defenders made several major errors during trial, that could have helped prove his innocence.

"I felt like in my heart that I was talking directly to the killer that killed that cop in East Brainerd," said Mike Herd.

Mike Herd says Mike Chattin, Kiser's roommate told him he killed a police officer before.

Chattin was the prosecution's key witness against Kiser, but has since died.

Herd says he called the public defender's office before the trial saying he knew information.

But he wouldn't give his name. When asked why Monday, he said simply, no one asked.

"I thought it should matter somewhat, to somebody. Nobody seemed to care," said Herd.

"He said he was going to shoot the cop," said Pamela Treadway

Pamela Treadway was a neighbor who testified in Kiser's original trial. But she admitted she'd lied to police during the investigation. The state is confident Kiser's conviction will stand.

"The state has confidence that those prior rulings are strong, as well as the conviction at trial based on the evidence that was presented at all levels," said Pinkston.  

PREVIOUS STORY: A post conviction hearing is underway for a death row inmate convicted of murdering a Hamilton County deputy.  Marlon Kiser was convicted of shooting deputy Donald Bond in 2001.  

The deputy was trying to stop Kiser from setting fire to an East Brainerd fruit stand, when Kiser shot him with an assault rifle.  He was sentenced to death in 2003, but was granted a stay of execution in 2010, pending the resolution of his appeal.

Now here we are at post conviction, last step where #marlonkiser alleges errors: ineffective trial counsel & abridged constitutional rights

#marlonkiser execution delayed after lawyers file petition, judge rules Kiser's lawyers can review all physical evidence 2010.

Judge denies new trial for #marlonkiser 2005. TN Supreme Court upholds Kiser's conviction & death sentence, execution scheduled 2010.

How did we get to this #marlonkiser post conviction hearing? Kiser arrested 2001. Convicted/death sentence 2003. Kiser files appeal 2004.

(Remember #marlonkiser claims his public defenders failed to present exculpatory evidence..)

Herd thinks Chattin killed Bond & called PubDef office anonymously saying he knew who killed Bond. #marlonkiser

Herd: Chattin was always 'jacked up on cocaine' and he was 'a scary individual' (He was #marlonkiser roommate who kiser claims was killer)

Herd: doesn't know why Chattin was never arrested after his cocaine deals. This was while #marlonkiser case pending

Herd: Chattin told him he drove around w his girlfriend after the shooting "to get their bulls*** story straight" and then approached police

Herd: Chattin told him he killed a cop and put his clothes in #marlonkiser room. Along w part of a vest. (Part of dep. Bond's vest missing)

#MarlonKiser claims his trial counsel failed to investigate &present significant exculpatory evidence that could've prevented his conviction

FYI Mike Chattin was prosecution's key witness against #marlonKiser. But Kiser claims Chattin was the killer. (Chattin is now dead)

#MarlonKiser atty calls 1st witness Mike Herd, says he helped law enforcement chase drug dealers. Discussing Mike Chattin (a key witness)

Clarifying hand written note by #MarlonKiser in his amended petition. "Marlon Kiser doesn't want any mitigation issues not approved by him."

#MarlonKiser back in court - death penalty appeal. Sentenced to death for killing Ham co deputy Donald Bond in 2001.

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