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 chance to 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?
in david s locker that matched primarks on michelle s office door. now it was the defense s turn. and they would come out swinging. here s josh mankiewicz with the conclusion of the early shift. david dooley had waited five years for a second chance in court. ladies and gentlemen, david dooley didn t murder michelle mockbee sfoor his new attorneys were eager to present their new 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
she didn t go to the judge. didn t go to the attorney general. and she didn t go to the defense either. she wrote a letter to bruce mcvay saying how could you do 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
its owner, david dooley, the janitor. and one of the workers who found michelle s body. dave dooley s truck is seen leaving the parking lot at 6:31 that morning. right after the murder? that s right. that s right. the security tape showed dooley returning to the warehouse around 7:00 a. m., detective mcvay thought it was odd that he had not mentioned that when they first spoke. they needed to speak with dooley again, so they went to the apartment he shared with his wife, janet and dooley wasn t surprised to see them. i 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. you 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. when is 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 ever came home that morning, and she says no. to 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,