prove his innocence. we still have a murderer out there. i am not going to shut up until dave comes home. janet dooley was confident her husband would be found not guilty in a new trial because detective mcvay s credibility was compromised after the prosecutor branded him a liar. they lie. they cheat to win. and that s what they do. michelle s sister said they were frustrated by the judge s decision. but it didn t change their minds about david dooley s guilt. after everything that s come out, you think they got the right guy? we absolutely think they have the right guy. we have no doubt about that at all. nothing that happened since the trial, nothing in the appeal has made you think maybe the jury was wrong? no. michelle just was she deserves justice. she deserves this to be we all deserve all of this to be over with. seven long years after michelle mockbee was killed, both sides had to brace themselves for a new trial. this time, there would be a new prosecutor
this to me. i get live with the worry that someone on the defense side will find it at some point and we will wind up in trouble over it and the entire case will be tainted because of it. you wrote that? i did write that. in defense of her actions tally-smith testified she subsequently calmed down and never sent that letter. and besides, she said, the video with the random dude, was much ado about nothing. it doesn t constitute any evidence that someone got in that building. would it have changed anything about the case? no. absolutely not. for his part, mcvay said he didn t tell the prosecutor about the video because he was confident the random dude wasn t the killer. but after hearing the testimony, the judge threw out david dooley s conviction. it was a stunning development, setting the stage for a new trial. david dooley would remain behind bars in the interim. dave found out and called me. he was crying. he was relieved that finally he was going to get a second cha
and the entire case will be tainted because of it. you wrote that? i did write that. reporter: in defense of her actions, tally smith testified she subsequently calmed down and never sent that letter. and besides, she said, the video with the random dude was much ado about nothing. it doesn t constitute any evidence that someone got in that building. would it have changed anything that about the case? absolutely not. reporter: for his part, mcvay said he didn t tell the prosecutor about the video because he was confident the random dude wasn t the killer. but after hearing the testimony, the judge threw out david dooley s conviction. it was a stunning development, setting the stage for a new trial. david dooley would remain behind bars in the interim. dave found out and then he called me. of course, he was crying. he was relieved that, finally, he s gonna get a second chance to prove his innocence. we still have a murderer out there. and i m not gonna shut up unti
several weeks later, in which janet seems to admit saying her husband never came home. i ve been spendin the last few days reviewing all all of the interviews that we ve done with you. and i said can i just when when dave left for work that morning, when is the very first time that you saw him, after he left for work? and you said, when you guys let him go that afternoon. that s how i remembered it. so the second time, they went over her first statement with her and said, you told us this, this, and this. and she said, yep, that s how i remembered it. she said the exact same thing, and that is that david dooley did not come home. reporter: prosecutor heck acknowledges not knowing exactly why david dooley would have wanted to break into michelle s office and why he would have killed her. but to heck the fact that david dooley was double dipping on time cards, and that michelle handled payroll, and that the dooley s time cards from that week were never found,
i didn t i didn t think about that. reporter: detective stahl also questioned david s wife, janet, separately, to see if she would tell the same story. this conversation would prove critical to the entire case. what she said is in dispute, because a part of the recording is hard to hear. when s the first time you saw dave after he left [ unintelligible] when s the first time i seen him yesterday yeah, yesterday after [ unintelligible ] when he came home after he was released by us, basically. yes, yeah. i ask her specifically if dave ever came home that morning, and she says no. reporter: to stahl and mcvay, janet dooley had just contradicted her husband s story. so police questioned her again about that apparent discrepancy. you told the other detective that he didn t come home that day. i did? reporter: janet seemed surprised. she told police that david did