A Hamilton County judge is considering a bond reduction in a 2009 cold-case slaying after the accused’s attorney argued Tuesday that state evidence “barely meets probable cause” to charge his client.
Assistant Public Defender Kevin Loper said prosecutors are relying on testimony from an incarcerated man who told authorities after Franklin Bonner’s Jan. 16, 2009, slaying that Mallory Vaughn was involved. Though investigators say the incarcerated man, Nicholas Cheaton, gave details that match crime scene evidence, Loper said Cheaton had another motivation: He “proffered” that information to investigators with the hope of less severe prosecution on other charges he faced around that time.
Mallory VaughnOther than Cheaton, Loper argued, the state has no DNA or fingerprint evidence that links Vaughn to the scene, or that justifies his indigent client’s $750,000 bond on felony murder and especially aggravated robbery charges.
Vaughn previously participated in the investigation in 2009, 2010 and 2011 before the case went cold, denied any involvement in two interviews with Chattanooga police detectives and provided fingerprints and DNA swabs, Loper said. If he’s given a reduced bond, Vaughn’s sister testified, he could live with her family. His employer of five years, Richard Smith, also testified Vaughn could return to his paving and construction job.
“[My argument] mainly comes down to the amount of evidence against Mr. Vaughn,” Loper said to Hamilton County Criminal Court Judge Tom Greenholtz. “It barely meets probable cause. I don’t believe [Cheaton] can be seen as reliable. He waits a year to come forward to say that? And then we wait nine years to prosecute [Vaughn]? There is DNA and fingerprints collected. But none of it matches my client. It matches another person.”