By Mark Hansel
NKyTribune managing editor
The million dollar question has been answered – and for David Wayne Dooley, the answer is no.
Dooley speaks to his attorneys, Deanna Dennison and Jeff Lawson, prior to the Sept. 20 bond hearing (archive photo).
In a one page ruling Wednesday, Circuit Court Judge James R. Schrand determined Dooley’s bond should remain at $1 million cash, virtually assuring he will remain incarcerated at least until his retrial is concluded.
In 2014, Dooley was convicted of killing Michelle Mockbee at the Thermo Fisher Scientific facility in Boone County where both worked.
Mockbee, a mother of two, was found beaten to death outside of her office in the facility at the Northern Kentucky Industrial Park in May, 2012.
Following a CR 60.02 hearing to determine if Dooley would be granted a new trial, Schrand threw out the 2014 conviction because evidence that was potentially exculpatory was not provided to Dooley’s attorneys at the time.
Dooley’s current attorneys, Deanna Dennison and Jeff Lawson, argued at the Spet. 20 hearing, that their client should be granted a lower bond, since he has been incarcerated for a very long time and now there is no longer a conviction on the books.
“Let’s start with the fact that Mr. Dooley has been incarcerated since the time of his arrest, which was almost five years ago,” Lawson said at the bond hearing. “Since the very beginning of this case, he has maintained that he was innocent of the charge against him. We believe that he is innocent of these charges.”
Jon Heck, a special prosecutor assigned by the Kentucky Office of the Attorney General (OAG) to represent the Commonwealth, said new trial notwithstanding, the bond is appropriate because Dooley remains charged with killing Mockbee.
“The bond must be commensurate with the gravity of the offense,” Heck said. “In this case it is murder. The most serious charge in our penal code.”
The OAG took over the Dooley case from Boone Commonwealth Attorney Linda Tally Smith in October of last year.
Dooley’s attorneys had requested that their client be released to home incarceration on his own recognizance, or that his bond be reduced to $10,000, cash or property.
In his ruling, Schrand stated that the bond was appropriate and that he evaluated Dooley’s potential conduct if released and his financial ability to give bail.
A pretrial conference is scheduled for October 18, but a jury is not expected to be seated in the new trial until at least early next year.
Contact Mark Hansel at mark.hansel@nkytrib.com
