mockbee. 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 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 said
then after such a violent attack, wasn t any blood evidence found on david dooley. and why wasn t any of the dna found at the scene a match to his. the prosecutor argued the janitor worked every day with cleaning supplies and plastic bags. together perfect for removing evidence of a crime. at the time david dooley attacked michelle in that hallway, what did he have with him? a rolling crime scene cleanup part with a trash bag in the middle of it. it is my personal belief that when he left that blowing he took with him a bag containing all of the evidence that was missing from the scene juror a cover-up so spotless only a janitor could manage it, said the prosecutor. it was only his story, she said, that was a mess. it is very hard for a person to explain how they can t tell the same story twice. and in these circumstances, we had four separate statements from him. detective mcvay testified it was only in dooley s second interview at his apartment that dooley first mentioned l
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, with a powerful new case. coming up where are his boots? we
is. the prosecutor says the defense was given this video. the defense attorneys say they never saw it and were never told about the random dude. that would have been in our closing. our whole defense was, he didn t do it. so if we can point to unknown individuals that were trying to gain access to the building, that would definitely have been used. remember, tally smith said she didn t know about the man on the video during the trial but finally learned about him from mcvay afterwards. but then, she did nothing. 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 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