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 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
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
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
attack, why was no blood evidence ever 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 clean-up cart with a trash bag in the middle of it. it s my personal belief that when he left that building, he took with him a bag containing all of the evidence that was missing from the scene. reporter: 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 s 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. reporter: detective mcvay testified it was only in dooley s second interview at his apartment that dooley first