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New Trial In Michelle Mockbee Murder?

Clyde

By Clyde
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Beechwoodfan
Beechwoodfan

He was tried and convicted twice, so you gotta trust those jurors.  I do find it interesting that it was apparently a very messy murder but I am pretty sure they never found any traces of blood on him

theguru

theguru

Posted
Posted
Footballforever74 said:
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?

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ggclfan

ggclfan

Posted
Posted
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.

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theguru

theguru

Posted
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ggclfan said:
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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ggclfan

ggclfan

Posted
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theguru said:

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...

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theguru

theguru

Posted
Posted
Isn't that the threshold that has to be met to convict ? How did they get to that point with the evidence presented ?

 

The word "met" confused me.

 

We are all outsiders looking in but I think everyone should be able to tell I certainly had my doubts (but not necessarily reasonable doubt) after the Dateline Special. Now that we know there is evidence that would have helped the Defense that was suppressed by the Prosecution/Investigators I believe Dooley is entitled to a new trial.

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