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. reporter: michelle s sisters said they were frustrated by the judge s decision. but, it didn t change their minds about david dooley s guilt. after everything s 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. so nothing that s happened since the trial, nothing in the appeal has made you think maybe the jury was wrong? no. michelle was just she deserves justice. i mean, she deserves all this to be, we all deserve all this to be over with. reporter: seven long years after michelle mockbee was killed, both sides had to brace themselves for a new trial. this time there will be a new
its owner david dooley, the janitor, and one of the workers who d 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. reporter: the security tape showed dooley returning to the warehouse around 7:00 a.m. detective mcvay thought it was odd that dooley hadn t mentioned that when they first spoke. they needed to speak to dooley again, so they went to the apartment he shared with his wife, janet. and dooley wasn t surprised to see them. i kinda figured it would happen just to do a follow-up. reporter: before detective mcvay even brought it up, dooley told him he had gone home the morning of the murder. mcvay recorded their conversation. i came back here, and then i went back to fisher. you came back here? i came back here, yeah. i couldn t get a hold of my wife, and i came home to make sure she was okay. yesterday you didn t tell me you left. you just why did why did
but he s on the property where a woman is murdered brutally 10 hours later. and we don t know who he is. reporter: the prosecutor said the defense was given this video. but defense attorneys say they never saw it and were never told about the random dude. that would have been in our closing. i mean, 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. reporter: 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. she didn t go to the attorney general. reporter: and she didn t go to the defense, either. she wrote a letter to bruce mcvay saying, how could you do this to me? and i get to live with the worry that someone on the defense side will find it at some point. and that we ll all wind up in trouble over it.
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 detective mcvay s credibility was compromised after the prosecutor branded him a liar. into they lie. they cheat to win. and that s what they do.
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 parked 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. 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