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Dooley retrial now expected to take place in the fall; charged with killing Michelle Mockbee in 2012


By Mark Hansel
NKyTribune managing editor

There is still no date for the David Wayne Dooley retrial to begin, but there is a season – fall.

Defense attorney Deanna Dennison talks with special prosecutors at Tuesday’s pretrial hearing. David Dooley, charged in the 2012 death of Michelle Mockbee is at left (photos by Mark Hansel)

Attorneys on both sides indicated Tuesday that there is still a lot of evidence to sift through and said they could probably be ready to go to trial in October.

Dooley’s attorney, Deanna Dennison, said she is still trying to line up expert witnesses to testify on behalf of her client.

“We’re still looking at experts, we are hoping we are able to get some information from discovery to (the Commonwealth),” Dennison said. I’ve spoken to the Commonwealth (and) we both feel we are not in a position to set the trial, unless the Court decides that you want to get it set.”

Michelle Mockbee, a Fort Mitchell mother of two, was found beaten to death at the Thermo Fisher Scientific plant in the Northern Kentucky Industrial Park in May, 2012.

Dooley was convicted in 2014 of killing Mockbee at the facility in Boone County where both worked, and he was sentenced to life in prison.

Dooley’s attorneys appealed the conviction, but in October, 2016, Attorney General Andy Beshear asked the State Supreme Court to delay ruling on that appeal pending a CR 60.02 hearing to determine if Dooley should be granted a new trial.

The Office of the Attorney General (OAG) requested the CR 60.02 hearing after it took over prosecution of the case. Attorneys the Tribune has consulted say generally defense attorneys request a new trial and it is an extremely unusual for the prosecution to ask for the consideration.

Michelle Mockbee, a Fort Mitchell mother of two, was killed at the Thermo Fisher Scientific facility where she worked in Boone County. David Dooley was convicted of the killing in 2014 and was sentenced to life in prison, but was granted a new trial in May (provided photo).

Following the CR 60.02 hearing, Circuit Court Judge James R. Schrand threw out the 2014 conviction and granted Dooley a new trial because evidence that was potentially exculpatory was not provided to Dooley’s attorneys at the trial. Schrand presided over Dooley’s original trial and will preside over the retrial.

Murder cases are always challenging, but the Dooley retrial is even more complicated because none of the attorneys from the original trial are present.

The request for a CR 60.02 hearing came after a former employee of the Boone County Commonwealth’s Attorney’s Office obtained information that calls into question the conduct of Commonwealth Attorney Linda Tally Smith, who prosecuted the case, and Bruce McVay, the lead detective during the investigation.

The former employee, Nicholas Ramler, shared the information, which he stored on a thumb drive, with his attorney, Steve Wolnitzek, who turned it over to the Office of the Attorney General (OAG).

Tally Smith says Ramler is a disgruntled former employee who attempted to use the information on the thumb drive to blackmail her to keep his job. Wolnitzek said his client is a whistleblower who copied the information and ultimately turned it over to the OAG because its contents indicated possible misconduct by Tally Smith.

Tally Smith and her husband, District Court Judge Jeff Smith, have filed a civil action against Ramler, in part, to keep the information on the thumb drive confidential.

Some of the 13 gigabytes of information contained on the thumb drive was made public, however, as evidence in the CR 60.02 hearing. Thirteen gigabytes of information is the equivalent of hundreds of thousands of documents and/or pictures.

The information on the thumb drive prompted the OAG’s decision to take over prosecution.

Contents of the thumb drive made public include correspondences between Tally Smith and McVay, who has since retired from the Boone County Sheriff’s office, indicating they had been engaged in an affair. Tally Smith and McVay confirmed the sexual relationship while being questioned during the CR 60.02 hearing.

Tally Smith said the affair began after Dooley was convicted.

Special prosecutors Michael Wright (left, facing camera) and Jon Heck speak with member of Michelle Mockbee’s family following Tuesday’s pretrial hearing.

Talley Smith indicated in another correspondence that she would have McVay’s back if he cut corners on cases. She says in the letter that McVay’s questionable conduct was common knowledge among other detectives, who referred to the practice as “pulling a Bruce.”

The OAG has asked for a special prosecutor to investigate Tally Smith’s conduct for possible impropriety.

Attorney Shawna Kincer, who has since left the OAG’s office, and Deputy Attorney General J. Michael Brown represented the Commonwealth in the CR 60.02 hearing. Special Prosecutors Jon Heck and Michael Wright have represented the OAG’s Office at pretrial hearings and are expected to represent the Commonwealth at trial.

Dennison took over as Dooley’s attorney after the original conviction.

She has represented Dooley for some time, but there is a mountain of evidence to sift through and the stakes could not be higher for her client. She said prosecutors recently provided her with a huge box of paper discovery, plus about 50 CDs.

“I’ve filed through most of the paper stuff, Dennison said. “I don’t want the court to get (the idea) that we are intentionally delaying it, because we are not. I’ve spoken with Mr. Dooley and he is fine with it.”

Dooley has been in prison since 2012 and a request late last year to reduce his $1 million bond was denied.

Dennison said she is still trying to confirm DNA experts, and provide them with information they have requested. She said some of the things the defense is doing in preparation for trial are far different than what’s been done before in the case.

“Materials are ready to go to (potential expert witnesses) that relate to just the documentation,” Dennison said. “They are still wanting some of the testimony from the trial and we are still trying to get that to them. We’ve been reaching out to get some things tested.”

Defending someone charged with murder is also very expensive in the age of expert witnesses and DNA evidence.

“Sometimes the cost of these experts is huge, it’s enormous,” Dennison said. “We’re trying to use what little resources we have in order to pay these experts and we’re trying to determine what we need the most. When I go through it all, then I think I will be in the best position to determine what is the best course.”

Special Prosecutor Heck agreed that it would take some time to process the evidence and said a fall trial date, possibly in October, is not unreasonable.

Schrand scheduled another pretrial hearing for Feb. 22, at which time all sides hope to be able to set a trial date.

“Whether we set it today, or one month from now, we are probably looking at the same time frame,” Schrand said.

Dooley’s wife, Janet Dooley, and members of Michelle Mockbee’s family were present in the courtroom, as they have been for every step in the proceedings, but declined comment.

For the NKyTribune’s complete coverage of the Dooley case, go to www.nkytribune.com and, using the search tool, enter the word “Dooley.”

Contact Mark Hansel at mark.hansel@nkytrib.com


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One Comment

  1. Dean Knolls says:

    No DNA, No motive, No physical Evidence, McVay’s personnel file from Florence and Boone County and LTS’s own Words. How in the He&/ can a jury convict him ? They Can’t !!! After the recent wrongdoing in Washington DC with the FBI, it’s still possible ! Tainting the jury pool ! Think it is impossible ? think again ! Ever wonder who selects the names of possible jurors……… sure, it’s random Be assured there will be those in attendance when jury selection is done to help eliminate those who will be bias, just because the Sherriffs office thinks it can slip a few in who are not well known and may live another county. Defense team will have in place folks who can help spot those with ties to sherriffs office through friendships. McVay’s Florence police personnel file will be very damaging and you can betcha, will be boldly on display.

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