New Trial In Michelle Mockbee Murder?

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  1. #31
    lawildcat's Avatar
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    I love the quote from McVay's attorney in the last paragraph of post #29.

    "He made a mistake and has always owned that" - Ummm, no he didn't - he was pretty much forced to admit on the stand that him and Smith were having an affair.
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  2. #32
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    Quote Originally Posted by lawildcat View Post
    I love the quote from McVay's attorney in the last paragraph of post #29.

    "He made a mistake and has always owned that" - Ummm, no he didn't - he was pretty much forced to admit on the stand that him and Smith were having an affair.
    Well...he's a defense attorney. I wouldn't trust Ben Dusing any further than I can spit in the first place. If you ask me, the fact that McVay has Dusing defending him is an indictment in and of itself.

  3. #33
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    Quote Originally Posted by lawildcat View Post
    Lead detective admits affair with prosecutor in murder case

    A tense court hearing Thursday led to the admission from the lead detective in one of Northern Kentucky's most infamous murder cases that he had a sexual relationship with the prosecutor.

    David Dooley, convicted of the 2012 murder of Michelle Mockbee, hopes his defense attorneys can raise enough doubts about former Boone County Detective Bruce McVay and Commonwealth Attorney Linda Tally Smith to warrant a new trial.

    It would be a shocking twist in a case that already earned national attention, including an hourlong Dateline episode. Mockbee, a 42-year-old mother of two, was found beaten to death outside Thermo Fisher Scientific where she worked in a Boone County industrial park.

    A jury convicted Dooley, the janitor at Thermo Fisher, of her murder.

    Some gasps and murmurs could be heard in a Boone County courtroom during the third day of testimony on Thursday for the hearing to decide whether Dooley will get retried.

    The gasps were in response to McVay's testimony. Dooley's defense attorneys, Deanna Dennison and Jeff Lawson, have argued Tally Smith and McVay withheld evidence, most notably a surveillance video from a neighboring company of Thermo Fisher on the property 10 hours before Mockbee’s murder. The video showed a man walking up to the building, appearing to pull on the door, and then walking out of frame.

    Defense witnesses, mostly attorneys from his trial, have said this proves others had access to the property and could have committed the crime.

    Now it appears McVay and Tally Smith had an affair, according to the testimony Thursday. Tally Smith is married to Boone County District Court Judge Jeffrey Smith.

    Dennison has questioned the integrity of McVay, the lead detective, bringing up numerous disciplinary actions taken against him by his former employers, the Florence Police Department and Boone County Sheriff’s Department.

    McVay at first portrayed his relationship with Tally Smith as platonic.

    “Friends, we were just friends,” McVay said.

    Dennison, anger rising in her voice, reminded McVay he was under oath and asked him again if he was denying a sexual relationship.

    “Is it any of your business?” McVay said, glaring at Dennison from the stand.

    Dennison asked him again and again reminding him of his oath. McVay then said “yes” in a quiet, resigned manner.

    Emails between McVay and Tally Smith under pseudonyms became more evidence for the defense. McVay, using the name Carter Davidson, and Tally Smith, using the name Chiquita Queen, would exchange private emails, Dennison said.

    Dennison read one of these emails in court. An email from Carter Davidson to Chiquita Queen outlined why detectives didn’t tell the prosecutor about an interview with a truck driver from Texas whom authorities identified as the man in the video. Dooley’s defense team disputes this identification based on the truck driver appearing much larger than the man in the video. Also, the truck driver, Alvin Reynolds, testified earlier in the week he never left his truck.

    McVay, as Carter Davidson, wrote he didn’t tell Tally Smith about Reynolds because she appeared stressed. That’s according to Dooley’s defense attorney who read the email in court

    “We are confident in the follow-up interview with the drive by phone who it was,” the email, as read by Dennison, stated. “My partner discussed it. We made a choice to not say anything at the time, cause we could see the stress the case was causing. If the choice to not say anything makes me a liar, then I guess I’m a liar.”

    The special prosecutors from the Office of the Attorney General, who have taken over the case, declined to cross-examine McVay.

    McVay's attorney, Ben Dusing, after the testimony said his client did not withhold evidence and did nothing wrong in the investigation. He said it will become clearer when Tally Smith testifies, something that's expected to occur in the next day. Dusing said the affair began after the Dooley trial concluded in September 2014.

    "Until then, it's just a couple drips of information that have no connectedness," Dusing said. "But Linda will tie everything together. Bruce is in a tough spot. He's a 30-year veteran, served the community, well-regarded, highly respected law enforcement officer. He made a mistake and has always owned that."
    Carter Davidson and Chiquita Queen, that is hilarious!

  4. #34
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    Quote Originally Posted by ggclfan View Post
    If you think you are having a bad day, just think of McVay...his day today has been much worse...
    Bruce (McVay) isn't having a bad day, he has 30 years of Law Enforcement under his belt and probably collects a solid 5K a month from the State retirement system.

  5. #35
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    So who killed the lady?

  6. #36
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    Quote Originally Posted by Footballforever74 View Post
    So who killed the lady?
    Most likely David Dooley but if we go back to the original thread I still question the motive presented in closing without the opportunity to cross. It is all there.

    I also question how there isn't one piece of physical evidence tying Dooley to the crime.

    Here is what I posted in 2014 after the Dateline episode on it:

    I watched the show, first let me say it was fascinating. NBC crushed it. Linda Tally Smith looked really strong and I thought the Boone County Sheriff's Department looked incredible. My thinking watching the show was I feel really safe knowing I have those "guys" and "gals" protecting me. Also, the victim's family is so sweet, good, as wholesome as it gets.

    From watching the hour show I would say Dooley is probably guilty and I probably would have convicted but again that was based on 40 minutes or so of compelling television.

    I wish the show would have went more into the following:

    1. I want to know a lot more about the time cards, the allegation of "triple dipping" and how this part of the puzzle fits together. Linda said her theory is theft of time cards was the motive for murder. The theory was put forth but it wasn't backed up with anything of substance on the report. Furthermore, Chris Roach, one of the defense attorneys said something to the effect of they didn't present any evidence at trial about the time cards. Linda presented the theory in her closing argument which didn't give the defense a chance to rebut it. In my opinion the report very lightly questioned if that theory presented at closing was proper. I am not an attorney but it didn't seem fair to me, at least not how it was presented. Furthermore on the time cards, from watching the show it was theory. Were time cards missing? Did the available time cards show some type of theft by Dooley? Aren't there payment records/invoices beyond the time cards that would either prove or disprove the time card theft theory? If so, why didn't the prosecution present the incriminating evidence? Frankly, it got to one of the most important parts of the case and it was vague. That is normally a huge red flag. Add to that to the way the evidence was presented (at the end with no chance for the defense to defend it) and it left me questioning the theory. I am not saying anyone on the prosecution did anything wrong, I am saying the show did not even come close to adequately explaining the rather weak motive in full detail and I think more time should have been committed to it.

    2. I would like to know more about the DNA evidence or lack of it. They talked about some unknown samples but were really vague on that too. What kind of unknown samples? Samples from normal contact with normal people in life or samples that would indicate they were part of a crime? Since there were no matches on the DNA the show really didn't explore this in depth. I am not saying anything is wrong here I am saying there is evidence that is unexplained (DNA with no match meaning it didn't match Dooley either) and the show didn't do a good enough job of explaining why that wasn't a big deal.

    3. I would like to know how the jury convicted on the Tampering with evidence charge? I guess they used 100% circumstantial evidence here.

    4. Is Dooley a criminal mastermind? Again the prosecutions theory is Dooley was breaking into the victim's office to steal time cards in an attempt to cover up a theft and the victim came to work early thus surprising Dooley. This caused Dooley to attack and kill the victim. In other words, the theft of time cards was planned but not the murder and if that is the case how did Dooley completely cover up any physical evidence that would have linked him to the murder when it was unplanned? I realize anything is possible but since Dooley was able to cover it all up, it is scary to think what a successful serial killer Dooley would be if he committed his murders anywhere but a closed system (meaning in a warehouse with a finite number of suspects). In other words, Dooley was so good he may have never been caught if he was killing people in random places.

    5. I didn't feel the defense was given enough time on the report. However, I wasn't particularly impressed with the two defense attorneys. They were okay but in my opinion their spin was there is reasonable doubt here more than their client is innocent. After being involved in the case for so long and having the time after the trial to pick apart the prosecution theory the defense attorneys did a poor job contradicting the prosecution. In other words, the defense attorneys should have hit a couple of balls out of the park blowing up the prosecution and I don't feel they accomplished that.

    6. I wish the report would have explored the victim more because I think it could have made the prosecutions theory stronger. The report said Mockbee would always win the contests she entered. That means she is really smart, calculating, and private. She may share with everyone after the fact but she had to be really good to continually win the prize in these contests. Moving forward, if Dooley was altering time cards would Mockbee have investigated this independently? Would anyone else in the company know about the investigation into the time cards or would Mockbee keep that secret so the investigation wasn't compromised? Did Dooley somehow find out? If so, how? And if Dooley did find out, as smart as he has to be to have covered everything up, was it really worth murdering someone over?

    With all that said, it seems nearly impossible that Dooley was able to cover everything up but at the same time it seems impossible for anyone but Dooley to be Michelle Mockbee's murderer. This was a process of elimination and the Sheriff's Department and the Prosecution was able to eliminate everyone but Dooley.

    And make no mistake everyone, Dooley did lots of things bad guys do, he left the scene of the crime, his story wasn't always consistent, he refused to take a polygraph, he didn't testify at trial, he has some meaningful criminal history, and who knows what else.

    Anyone?

  7. #37

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    Quote Originally Posted by theguru View Post
    Bruce (McVay) isn't having a bad day, he has 30 years of Law Enforcement under his belt and probably collects a solid 5K a month from the State retirement system.
    Just because you collect a decent pension does not mean you cannot have a really bad day. Getting grilled on a witness stand and having to admit you have withheld evidence and had an affair with the prosecutor is still a pretty bad day IMO. I would bet this is one of the 10 most stressful and worst days of his life...and that may be a conservative estimate.

  8. #38
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    Quote Originally Posted by ggclfan View Post
    Just because you collect a decent pension does not mean you cannot have a really bad day. Getting grilled on a witness stand and having to admit you have withheld evidence and had an affair with the prosecutor is still a pretty bad day IMO. I would bet this is one of the 10 most stressful and worst days of his life...and that may be a conservative estimate.
    Most people have no idea what Police Officers go through on a daily basis.

    I know Bruce really well, in the grand scheme of things this was a walk in the park for him.

    I know that is hard for most people to understand and that is because most people have no idea what Police Officers go though all the time at every stop.

    Police Officers are often punching bags in court. You get it from all directions. In other words, this was just another tough day in court only in this case Bruce is retired so everyone can "you know what" off once he walks out of that court room.

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    Quote Originally Posted by theguru View Post
    Most people have no idea what Police Officers go through on a daily basis.

    I know Bruce really well, in the grand scheme of things this was a walk in the park for him.

    I know that is hard for most people to understand and that is because most people have no idea what Police Officers go though all the time at every stop.

    Police Officers are often punching bags in court. You get it from all directions. In other words, this was just another tough day in court only in this case Bruce is retired so everyone can "you know what" off once he walks out of that court room.
    Ru, I totally agree with the quoted line above. I don't consider myself "most people" though as my dad is a retired police officer and he told me MANY TIMES he did not want me to follow in his footsteps. Anyway, I do think the normal times officers get grilled on the stand by a-hole defense attorneys is different than this though since McVay is now the center of things and in a very public way. I admit I could absolutely be wrong though as I don't know him and you do...

  10. #40

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    I would be curious how jurors met "beyond reasonable doubt."

  11. #41
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    Quote Originally Posted by Clyde View Post
    I would be curious how jurors met "beyond reasonable doubt."
    I am confused Clyde?

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    Quote Originally Posted by theguru View Post
    I am confused Clyde?
    Isn't that the threshold that has to be met to convict ? How did they get to that point with the evidence presented ?

  13. #43
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    Quote Originally Posted by Clyde View Post
    Isn't that the threshold that has to be met to convict ? How did they get to that point with the evidence presented ?
    Easy to do with fake evidence.

  14. #44
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    I'd like to know as well. There is doubt in my mind.

  15. #45
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    Quote Originally Posted by lawildcat View Post
    I'd like to know as well. There is doubt in my mind.
    It is an important distinction to make between "Doubt" and "Reasonable Doubt" which is something more than just doubt.

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