By Mark Hansel
NKyTribune managing editor
Michelle Mockbee’s former coworkers testified in the David Dooley retrial Friday, capping off week two of proceedings in the nearly seven-year-old case.
The week included testimony from the medical examiner who performed the autopsy on Mockbee, the employee who discovered her body, and a forensic biologist from the Kentucky State Police forensic lab.
Michelle Mockbee, a Fort Mitchell mother of two, was killed at the Thermo Fisher Scientific plant where she worked in May, 2012. David Dooley, who worked as an outside contractor at the facility is on trial for murder in the killing (provided photo).
Mockbee’s husband, Dan Mockbee and Ed Siegert, a receiving dock employee, both of whom are being presented as potential suspects by defense attorneys, also testified this week.
Mockbee was beaten to death in the early morning hours of May 29, 2012, as she reported to work at the Thermo Fisher Scientific facility in Boone County
Dooley is charged with murder and tampering with evidence in Mockbee’s death.
Dooley has already been convicted of killing Mockbee, in 2014, and sentenced to life in prison. Judge James R. Schrand, however, threw that conviction out when he determined evidence that may have aided in Dooley’s defense was withheld from his attorneys.
Mockbee, a Fort Mitchell mother of two, was employed by Thermo Fisher Scientific. Dooley worked at the facility for an outside contractor performing custodial duties.
Friday, several current and former Thermo Fisher Scientific employees testified about the events of that day and of Dooley’s demeanor.
Ken Hicks, a warehouse lead who has been with the company 34 years also talked about his interaction with Siegert on the day Mockbee was killed.
Hicks worked in the receiving area with Siegert and testified said he was able to keep track of his coworker that morning.
On cross-examination from defense attorney Deanna Dennison, however, Hicks admitted there may have been times that he didn’t see Siegert.
“Would you be able to keep an eye on what everybody is doing in the warehouse when you’re busy putting away things?” Dennison asked.
Hicks acknowledged that we would not have.
Ken Hicks, who was at work in the receiving department on May 29, 2012 when Michelle Mockbee was killed, prepares to testify Friday.
Hicks also described a conversation he had with Dooley after operations manager Ed Yuska called to inquire about a large stain, later determined to be blood, in the upstairs offices.
Assistant Attorney General Jon Heck, the lead prosecutor in the case representing the Commonwealth, asked Hicks what Dooley said.
“He didn’t say anything to me,” Hicks said. “I said that Ed said that there was a mess up there by the women’s bathroom and he said he just come up from there and it was clean.”
Yuska previously testified that Dooley came up to the office and told him the same thing, after which they began a search that led to the discovery of Mockbee’s body.
Sherry Baker, an employee in the receiving department, said she sometimes saw Dooley cleaning in the breakroom. She said employees frequently complained about a strong odor from the bleach Dooley used.
Investigators with the Boone County Sheriff’s office testified they noticed a strong smell of bleach in a sink in the janitor’s closet Dooley used. The odor prompted them to remove parts from the sink to search for blood evidence. They found none.
It has been revealed through testimony that the bleach Dooley used was more concentrated that regular household bleach and emitted a much stronger odor.
Several employees testified Friday that the Mockbees had a good relationship and that they never saw any signs of marital strife. Dan Mockbee also worked at Thermo Fischer Scientific as a supervisor.
David Dooley, right, is charged with murder in the killing of Michelle Mockbee at the Thermo Fisher Scientific Facility in May, 2012 (file photo).
Sandra Fryman, now retired from Fisher Thermo Scientific, said on the day Mockbee was killed, she arrived at about 7:20 a.m. She had forgotten her key card, but managed to get into the facility through an unlocked door.
At that time, she was unaware that Yuska and Dooley had just discovered Mockbee’s body or that Yuska was on the phone to 911.
She saw Dooley in a hallway that morning and said that he seemed upset. When she asked him what was wrong she testified that he said only, “It’s Michelle, it’s Michelle.”
Fearing something was wrong with her coworker, she assured Dooley she would check on Mockbee.
She said she went upstairs through the mezzanine area, into the offices, unaware that she was walking through the area where Mockbee’s body was found. She did notice Mockbee’s purse and other items near the door and thought that was unusual.
When she arrived in the office area she called out for Yuska, who promptly told her to go back downstairs. She said she heard part of the conversation Yuska was having with the 911 operator and knew something bad had happened to Mockbee.
A recap of Week 2 testimony
Monday, Dr. Gregory Wanger, the medical examiner who performed the autopsy on Mockbee, said she sustained at least four blows to her head, which is what killed her.
Wanger testified that he initially thought two weapons could have been used to kill Mockee because of the different shapes of her woulds.
Defense attorney Jeff Lawson (standing) holds a tape gun of the type former medical examiner Dr. Gregory Wanger said he believes killed Michelle Mockbee (photo by Mark Hansel).
Wanger said that once investigators showed him an industrial tape gun, which he had never seen before, he became convinced it was the murder weapon. He demonstrated how it could create wounds of the type sustained by Mockbee.
“For me, I think it’s the tape gun,” Wanger said.
Tuesday, Yuska testified that the crime scene he recalls was different than that portrayed in photos from investigators.
“I walked up to her, got close enough to see her legs were bound, her hands were bound behind her back, there was a bag over her head and blood all over,” Yuska said.
Yuska also initially said there was a University of Kentucky poster covering Mockbee’s body when he discovered it. The poster was not in the crime scene photo taken by investigators that morning.
Yuska said he also noticed a pair of shoes, later identified as Mockbee’s, on the floor outside of a door that led from the mezzanine to an office area. In a crime scene photo, the shoes are shown inside a restaurant takeout bag.
Also Tuesday, a forensic examiner said a report he issued after testing DNA evidence would probably be different today. The report from John Clemens, a forensic biologist with the KSP lab indicated Dooley could not be included or excluded as a DNA match for a section of the plastic found around Mockbee’s head.
“What I would probably say on this one (today) is that the DNA is too limited for a determination,” Clemens said.
There was a break in the trial Wednesday.
Thursday, Dan Mockbee and Siegert testified.
Mockbee was questioned extensively about his finances before and after his wife was killed.
Dan Mockbee, standing at right, answers questions from Assistant Attorney General Jon Heck Thursday. Mockbee’s wife, Michelle Mockbee, was killed at the Thermo Fisher Scientific plant where she worked in Boone County in 2012 (photo by Mark Hansel).
He acknowledged the couple had about $70,000 in debt at the time of his wife’s death. He also said he has collected, or will receive more that $1 million in compensation, most of which came from a $700,000 insurance policy that has already paid out.
He testified that he has spent more than $400,000 of that money and explained where some of it went.
“Mostly the girls or something to do with the girls,” Mockbee said. “I don’t want the girls to give up on life. I do everything to feel like life isn’t over yet.”
He also said he lost about $100,000 in a failed business venture.
Mockbee denied killing his wife, or paying someone to do it.
Siegert explained gaps in his work history at the time of the killing that that day. He said the device used to record employee work history did not track him because he was unloading trucks.
Trial is scheduled to resume Monday morning in Courtroom 4B of the Boone County Courthouse.
Scheduled to testify next week, as the prosecution wraps up its case, is retired Boone County Det. Bruce McVay, the lead investigator in the original investigation.
For links to the NKyTribune’s extensive coverage of the Dooley case, click here.
Contact Mark Hansel at mark.hansel@nkytrib.com
