Time is Running Out for Convicted Cop Killer
When convicted cop killer Marlon Kiser walked past his wife in court today, he whispered he loved her.
Twelve years on death row has worn down the woman who passionately defends her husband.
"My husband is innocent of all of these charges and after that we cannot comment on the ongoing investigation but he is innocent of these charges and he deserves to come home," Melissa Kiser tearfully said.
Her husband, Marlon Kiser, was convicted of killing a police officer in 2001 and was given the death penalty.
His fourth post-conviction hearing was Monday and after years of appeals and hearings, the case may soon wrap up.
During the short hearing presided by Judge Poole, the prosecution said they had no more proof against Kiser.
The defense has requested a hearing two months from now but the prosecution said their opportunities to appeal are just about up.
"He can appeal the judges ruling here but after that he will have exhausted his appeals unless he seeks some federal court relief," said Hamilton County District Attorney Neal Pinkston.
Kiser claims he is part of an elaborate set-up involving slain officer Donald Bond and an old roommate named Mike Chattin.
Chattin was there when the shooting took place and Kiser claims Chattin was the one who pulled the trigger because Kiser claims the officer was sleeping with Chattin’s wife.
He says Chattin framed him.
But Chattin is now dead.
"We feel very strongly that essentially an innocent man was sentenced to death and we have been fighting tirelessly to undo that injustice and we hope that Judge Poole will share that position with us," said Kiser’s attorney Luke Evans.
Kiser is seeking a new trial based on the setup argument.
He also blames his guilty conviction on an ineffective defense team that represented him.