Witness changes story; blames Kiser's now-dead roommate for killing deputy in 2001
After about a decade of trying to convince a judge to keep him alive, Marlon Kiser is asking again for more time.
Monday, October 20th 2014, 5:32 pm EDT
Monday, October 20th 2014, 5:42 pm EDT
The man sentenced to death for killing a Hamilton County deputy was back in court on Monday.
Marlon Kiser was found guilty of shooting and killing Deputy Donald Bond at a fruit stand off East Brainerd Rd in 2001. Kiser's execution was set for 2010, but delayed after a judge let new lawyers review the evidence. Kiser has been appealing his conviction since 2004.
A witness who testified against Kiser during his original trial changed her story on Monday. Kimberly Bowman is now pinning Bond's death on Kiser's old roommate, Mike Chattin, who died in 2011.
"(Chattin) said, 'I shot that (expletive) police officer'," Bowman testified. She claims that's what Chattin told her after Bond was killed.
Chattin, the state's key witness, testified against Kiser during the trial in 2003. So did Bowman. Back then she said under oath that Chattin told her Kiser admitted he killed a police officer.
But Chattin died a couple years ago, and now Bowman has a different story.
"This man is innocent, he did not kill that police officer," she said, pointing at Kiser in his red prison jumpsuit. "I heard Mike Chattin tell me himself."
Bowman told the judge she was snorting a lot of meth back then, and lied on the witness stand during Kiser's trial.
"The reason I perjured myself was because I was threatened and my children's lives were threatened," she said.
But Kiser wasn't shy about how he didn't like police.
"He told me on a number of occasions that he was afraid of the police," said attorney Mike Anderson, who filed a lawsuit on Kiser's behalf before Bond was killed. Kiser claimed three Chattanooga police officers beat him.
"As a result of what had happened to him when he was beaten, he had a dislike of the police, he didn't trust the police and that sort of thing," Anderson said.
Bowman swears her story about Kiser's now-dead roommate is the truth -- this time around.
"Mike Chattin said that he did (kill Bond)," Bowman said.
"But you weren't there that night, so you really don't know," said District Attorney General Neal Pinkston.
"No, I don't," she replied.
Judge Don Poole will decide whether to uphold Kiser's conviction or to grant him a new trial. The Tennessee Supreme Court has already upheld Kiser's execution. Kiser will be back in court when the hearing resumes in November.