evidence to a jury. there was new evidence of course, that random person we wanted to introduce. rules of evidence prevented defense attorneys from introducing listen at that tally smith s letters in court, the one where she accused detective mcvay of being a liar. but what they did have this time around was the random dude video that had led to the overturned conviction. we have a entire first trial in this case that s conducted on the fact this is a fairly secure building. what the walking man shows is that that s not true. to the defense that random dude was just one of the alternate suspects ignored by detectives. every single thing that was done from the mom they say that david left on that surveillance tape was in an effort to convict david as opposed to make sure they had the right person. the defense brought up other warehouse employees. they focused on michelle s husband, dan, and the money he received
as we sit here today we never found david and janet dooley s time cards from that week. they have just never been found. so, there are missing time cards. exactly two. would janet have had them with her coming in to do payroll. she may have gathered them up. and heck emphasized a screwdriver was found inside dooley s locked janitor cabinet. a screwdriver the same size as the primarks on the door to janet s office. what are the odds this screwdriver is a different screwdriver? the screwdriver, like much of the case, was circumstantial. heck s response, there was simply too much circumstantial evidence to ignore. at some point a coincidence is not a coincidence. at some point, it s just overwhelming
the apartment he shared with his wife, janet and dooley wasn t surprised to see them. a kind of figured it would happen, to do a follow-up. before detective mcvay even brought up, dooley told him he d gone home the morning of the murder. mcvay recorded their conversation. i came back here, and then went back to fisher. it came back here? i can back here, yeah. i couldn t get a hold of my life, and i came home to make sure she was okay. yesterday you didn t tell me you left. why, you are just i didn t think about that. the detective also question 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. once the first time you saw dave after he left. was the first time i see him yesterday? yes.
when you came, after he was yes, yeah. i ask her specifically if david were came home that morning, and she says no. two stahl and mcvay, janet dooley had just contradicted her own husband 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? janet seemed surprised. she told police that david did, in fact, come home and the reason she offered raised more questions for investigators. he said he ripped another pair of pants. yet to come home and just, you know, grab a new pair of pants. janet s statements were not helping her husband s cause. david dooley never said anything about ripped pants to police. adding to the confusion, detectives spoke with thermo fisher employee joe seagert, who told them he talked with dooley that morning. according joe he made it a
all the hard evidence the state didn t have. dna evidence, murder weapon. blood evidence, marks on david dooley. dooley never testified in front of the jury, but he did talk to dateline about the case against him, and his story that differed from his wife s. you say you went home to check on your wife. and she says he came home to change his pants. what s the truth? why don t you agree on the same story? we agree that i came home. did you go home to change your pants? no, i did not. why would your wife say you did? i don t know. we talked about that a couple of times. the only thing welcome back come up with is she didn t hear me properly. janet dooley has serious hearing problems and on the day of the murder she says she only saw a pair of ripped pants in the house and thought that s why david said he came home. a person who cannot hear put