Marlon Kiser returns to court for post conviction hearing - | Chattanooga News, Weather & Sports

Marlon Kiser returns to court for post conviction hearing

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Marlon Kiser arrives for hearing Marlon Kiser arrives for hearing
CHATTANOOGA, TN (WRCB) - 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.

Eyewitness News reporter Sara Sidery is in court and a tweeting the proceedings.  Follow Sara Sidery @SaraSideryWRCB.

Demple Walker on stand. Carol Bishop (Chattin's gf) was her mgr at gas station. Carol came to work in am said "mike shot a cop"

Nunley said he didn't notice any gasoline at his fruit stand aside from where he spilled some earlie

Rick Nunley on the stand. He worked at the fruit stand where Dep Bond was killed.

Herd maintains it's fact Chattin put a gun to his face and said "he'd gut me like he gutted a cop" recess until 1pm

Herd never told Pub Def office his name, "bc no one ever asked" but said he was concerned "not for #marlonkiser but for the cop's family"

Herd said he was never honest w people during his drug deals. He was previously convicted of felony. Said he stole hubcap

Herd: no longer working w law enforcement. Claiming "a couple cops tried to get me murdered" for going after a lawyer in 2001.

#marlonkiser with his attys (from Nashville & Murfreesboro) Now cross-examining first witness Mike Herd

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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