By Mark Hansel
NKyTribune managing editor
Jury selection will continue into a second day in the David Dooley retrial.
David Dooley at a pretrial conference (archive photo).
Dooley is charged with murder in the killing of Michelle Mockbee at the Thermo Fisher Scientific facility in Boone County in 2012.
Mockbee worked for Thermo Fisher Scientific, while Dooley was employed by an outside contractor as a custodian at the facility.
Circuit Court Judge James R. Schrand and attorneys for the defense and prosecution continue to work through an estimated pool of more than 200 potential jurors in an effort to find up to 15 that can be seated.
The large pool was assembled because it was anticipated that pretrial publicity, in a case that is nearly seven years old, might make seating 12 jurors and possibly three alternates a challenge.
When Mockbee was bludgeoned to death at the facility in the Northern Kentucky Industrial Park, the case received considerable publicity.
The brutal killing of the Fort Mitchell mother of two in her workplace, seemingly without a motive, sent shockwaves through the region.
Dooley was arrested and charged with the murder in 2012 and the case continued to make headlines.
His 2014 trial, which resulted in a conviction and a sentence of life in prison, was also covered extensively by the local media.
That decision was overturned in May 2017, following a CR 60.02 hearing, while an appeal of Dooley’s conviction was still pending with the Kentucky Supreme Court.
The circumstances surrounding the decision to grant a new trial generated even more media attention, including a segment on the NBC newsmagazine “Dateline.”
Evidence presented at the CR 60.02 hearing included a video that showed a man trying to enter the Thermo Fisher Scientific facility hours before Mockbee was killed.
The man is seen apparently trying unsuccessfully to open a door. He then walks away and is never seen on video again.
This video image shows a “random dude” on the grounds of the Thermo Fisher Scientific facility in Boone County, just hours before Michelle Mockbee was killed. Judge James R. Schrand ruled David Dooley, who was convicted of killing Mockbee in 2014, was entitled to a new trial because the evidence was withheld from his attorneys (file photo).
The video is significant because part of the prosecution’s case was based on the tight security at the facility that limited the number of potential suspects.
In his decision, Circuit Judge James R. Schrand ruled that the evidence was withheld from Dooley’s attorneys and granted the new trial.
Also revealed at the CR 60.02 hearing was an affair between then-Boone/Gallatin Commonwealth’s Attorney Linda Tally Smith and former Boone County Detective Bruce McVay.
McVay was the lead investigator in the Mockbee case.
Tally Smith admitted to the affair, but has repeatedly claimed that it began after the trial.
Excerpts from correspondences between Tally Smith and McVay, which call their conduct into question, were also presented at the CR 60.02 hearing.
Tally Smith was defeated in her bid for reelection in last year’s primary and McCoy has retired, but both are expected to testify at trial.
During Monday’s questioning of potential jurors, Schrand asked each individually if the had prior knowledge of Mockbee’s death or of Dooley’s previous trial.
He also asked what, if anything they knew about Tally Smith and Mcvay.
He explained that it was fine if they had, but it was important to know what they had heard, and what if any opinions they had formed based on that information.
Some recalled hearing information about the case, or about the retrial through media reports.
Michelle Mockbee, a Fort Mitchell mother of two, was killed at the Thermo Fisher Scientific plant where she worked in May, 2012 (provided photo).
Others admitting to a familiarity with Tally Smith because she was a high-profile elected official and some acknowledged hearing about the affair.
Some of those questioned said their knowledge of the affair diminished their opinion of Tally Smith.
Dooley’s attorneys, Deanna Dennison and Jeff Lawson, also questioned some of the potential jurors about their familiarity with the case, as did Special Prosecutor Jon Heck, with the Kentucky Office of the Attorney General (OAG).
Heck, an assistant attorney general, took over the case for the OAG when Linda Tally Smith’s questionable conduct was revealed.
Schrand and the attorneys were trying to determine, not only if potential jurors had prior knowledge of the case, but if that information might limit their ability to make a decision based solely on the evidence and testimony presented at this trial.
The process will continue until all parties are confident that a jury that is able to make such a determination can be seated.
Schrand has indicated he has a tight docket and wants to keep the trial moving forward. It is possible that if a jury is seated today, instructions and opening arguments could begin as soon as this afternoon.
If there no unanticipated delays, the trial is expected to last about three weeks.
For links to the NKyTribune’s extensive 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
