By Mark Hansel
NKyTribune managing editor
Jury selection in the David Dooley retrial is scheduled to begin today in a Boone County courtroom.
David Dooley at the final pretrial conference Friday. Dooley has pleaded not guilty in the killing of Michelle Mockbee at the Fisher Thermo Scientific Plant, where they both worked in 2012. He was convicted n 2014, but received a new trial because evidence that may have aided in his defense was withheld from attorneys (photo by Mark Hansel).
Dooley, 44, is charged with murder in the killing of Michelle Mockbee at the Thermo Fisher Scientific plant in Boone County where both worked.
Mockbee, a Fort Mitchell mother of two, was brutally beaten to death shortly after arriving to work at the facility in the Northern Kentucky Industrial Park on May 29, 2012.
In 2014, Dooley was convicted of murder and sentenced to life in prison for the killing.
That decision was overturned in May of 2017, however, following a CR 60.02 hearing where Circuit Judge James R. Schrand determined evidence that might have aided in Dooley’s defense was withheld from his attorneys.
The Kentucky Office of the Attorney General (OAG) took over the case in October, 2016 after questions arose about the conduct of then-Boone/Gallatin Commonwealth’s Attorney Linda Tally Smith.
The OAG requested the CR 60.02 hearing, after a thumb drive turned over to the OAG by a former employee revealed the questionable conduct.
Generally, it is the defense team that requests a CR 60.02 hearing.
Schrand acknowledged the unusual nature of the request in his decision to grant a new trial.
“The procedural posture of the case is unique in that a “CR. 60.02 motion is normally the last chance for a ‘defendant’ to obtain the relief that he or she requests.”
Among the evidence in the CR 60.02 hearing was an 18-page correspondence between Tally Smith and Bruce McVay, who was then a detective with the Boone County Sheriff’s office and was the lead investigator in the case. McVay has since retired.
Michelle Mockbee, a Fort Mitchell mother of two, was killed at the Thermo Fisher Scientific plant where she worked in May, 2012 (provided photo).
The correspondence indicates Tally Smith and McVay engaged in a sexual relationship, which Tally Smith said began after the murder trial. During the CR 60.02 hearing, both Tally Smith and McVay admitted to the affair.
In excerpts from that correspondence, some of which were made public during the hearing, Tally Smith calls McVay’s conduct as a detective into question.
Tally Smith also wrote in the correspondence that a supervisor at the Sheriff’s office told her he believed McCoy was a “high functioning alcoholic,” who left the office to drink, “just to get through the work day.”
The piece of evidence that prompted Schrand to grant a new trial is a video of a man described as a “random dude,” attempting to enter the Thermo Fisher Scientific complex. That video was not given to the defense team before the first trial.
Tally Smith, who was defeated in the May primary and is no longer Commonwealth’s Attorney, said she did not know about the contents of the video prior to the first trial, a statement McVay disputed in his CR 60.02 testimony.
In the correspondence, however, Tally Smith, admits that she became aware of the video at some point.
Bruce McVay preparing to testify at a March, 2017 hearing to determine if David Dooley would get a new trial. McVay’s testimony contradicted that of then-Commonwealth’s Attorney Linda Tally Smith (inset) who stated she did not know about the contents of a crucial video prior to Dooley’s murder trial. Dooley was ultimately granted a new trial, which begins today, because evidence was withheld.
So I’m sure that you can understand that I was disappointed when you admitted to me that there was something on the video that you and Everett [Stahl] decided not to tell me about. You both left me in a position that I could have gotten my ass handed to me during the trial…but now I know. And I get to live with the worry that someone on the defense side will find it at some point, and that we’ll all wind up in trouble over it. And the entire case will be tainted because of it.”
She did not share that information with Dooley’s defense team or, with the OAG, until it was already known to them.
Stahl was also an investigator with the Boone County Sheriff’s office assigned to the case during preparation for the first trial. Tally Smith wrote he was only assigned to the case because of the concerns about Mcvay’s conduct.
Stahl has also since retired, but is expected to testify at the trial.
*Editor’s note: The Northern Kentucky Tribune has received a complete, unredacted copy of the18-page letter written by Tally Smith, and other random correspondences. Out of respect for the integrity of the trial process, and in compliance with Schrand’s ruling, the Tribune has decided not to publish the documents, at least until the trial is over.
Dooley, who has been in jail since he was first arrested in 2012, has maintained his innocence. Schrand denied a request to lower his $1 million bond after the retrial was ordered.
While there have been rumors of a plea offer, those close to Dooley say he is innocent and would never accept a plea.
Dooley’s defense attorneys in the retrial, Deanna Dennison and Jeff Lawson, successfully argued for a new trial at the CR 60.02 hearing. They did not represent Dooley in the original trial.
While they have been careful not to reveal their strategy too much in pretrial conferences, there is little doubt the integrity of McVay and Tally Smith will be called into question.
Both are expected to testify.
From right, David Dooley’s attorneys Deanna Dennison and Jeff Lawson discuss a motion with OAG Special Prosecutor Jon Heck, prior to a January pretrial conference (photo by Mark Hansel).
The defense is also expected to call expert witnesses to challenge some physical evidence and will raise doubts about other elements of the Commonwealth’s case.
Jon Heck, a special prosecutor assigned by the OAG, will represent the Commonwealth and is confident of a conviction. He referred all questions to the OAG’s office, which issued a statement saying, “We are ready for trial.”
The trial does not officially begin until after jury selection, but one witness has already testified. A forensic biologist who examined some of the evidence in the case, who will not be available during the trial, was deposed Friday
Schrand, who presided over the original murder trial as well as the CR 60.02 hearing, will also be on the bench for the retrial.
Jury selection could take up to two days due to the length of the proceeding, pretrial publicity and the possibility that potential jurors may be acquainted with either the Mockbee or Dooley families.
The trial itself is expected to last about three weeks.
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
This whole trial was a travesty and a sham. There is not one iota of circumstantial or physical evidence against David Dooley. No evidence of motive. No DNA. No fibre or hair evidence. NOTHING. This case was cooked up by Mockbee’s husband, a manager at the company, with the aid of the police and the DA to railroad a guy with no money and no power into taking the blame for this. MUCH more attention needs to be paid to Michelle’s husband, who inherited a six figure life insurance policy upon Michelle’s death and got other benefits.
Bruce McVay had a reputation of being “very lazy” at his work. This is why LTS questions his integrity when she say “ABOUT CASES” in all caps ! Very likely this will bear out when NK Tribune publishes entire unredacted 18 page letter. And where in the world is the completion of investigation of LTS by our democrat Attorney General ? Hopefully NK Tribune will stay on top of this so it will not be swept under the rug. She should be disbarred but is now probably causing havoc in Carrol County.