to present their new evidence to a jury. this new evidence corresponded with the random person that we wanted to introduce. rules of evidence prevented defense attorneys from introducing linda smith s letters in court. the ones where she accused the detective mcveigh of being a liar. but what they did have this time around was the random news video that had led to the overturned conviction. we had an entire first trial in this case that was conducted on the fact that this was a fairly secure building, and what this shows is that that s not true. so the defense, that random dude was just one of the alternate suspects ignored by detectives. every single thing that was done after the 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 who they said were not thoroughly investigated. they focused on michelle s husband. and the money he received from
several weeks later, in which janet seems to admit saying her husband never came home. i ve been spendin the last few days reviewing all all of the interviews that we ve done with you. and i said can i just when when dave left for work that morning, when is the very first time that you saw him, after he left for work? and you said, when you guys let him go that afternoon. that s how i remembered it. so the second time, they went over her first statement with her and said, you told us this, this, and this. and she said, yep, that s how i remembered it. she said the exact same thing, and that is that david dooley did not come home. reporter: prosecutor heck acknowledges not knowing exactly why david dooley would have wanted to break into michelle s office and why he would have killed her. but to heck the fact that david dooley was double dipping on time cards, and that michelle handled payroll, and that the dooley s time cards from that week were never found,
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
exactly. wait, shouldn t you be navigating? xfinity mobile. it s wireless that does it all and saves a lot. like a lot, a lot. welcome back. david dooley was back in court, charged once again with the murder of his co-worker michelle mockbee, this time there was a new prosecutor and new evidence. including a screwdriver found in david s locker that matched pry marks on michelle s office door. now, it was the defense s turn, and they would come out swinging. here s josh with the conclusion of the early shift. david dooley had waited five years for a second chance in court. ladies and gentlemen of the jury his new attorneys were eager
david dooley. reporter: 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. they talk to your wife and she says, he came home because he tore his pants and he came home to change his pants. so what s the truth, and why can t you and your wife agree on the same story? we do agree that i came home. did you go home to change your pants? no, i did not. why would your wife say that you did? i do not know. we ve talked about that a couple of times, and the only thing we can come up with is she didn t hear me properly. reporter: 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 david said that s why he came home. so a person that cannot hear, they put things together themselves through their eyes, and i did. dave didn t change his clothes a