New Trial In Michelle Mockbee Murder?

[theguru]

From Cincinnati.com Yesterday:

A defiant prosecutor stands by her work in a notorious murder case

The prosecutor in one of Northern Kentucky’s most notorious murder cases remained defiant on the stand Friday.

Boone County Commonwealth’s Attorney Linda Tally Smith defended her reputation in an exhaustive testimony that lasted for more than four hours. It's not over and will resume Monday in the week-long hearing that's questioned her prosecution of the 2012 murder of Michelle Mockbee.

Instead, she pointed the finger back at the lead detective – who also happens to be her ex-lover – on the case, accusing him of withholding information from her.

She lamented while fighting back tears the speculation in recent months surrounding the Mockbee murder.

“Seeing what’s happened through this whole circus and seeing fingers pointed at people that shouldn’t be pointed at," Tally Smith said on the stand, "accusing them of murdering Michelle Mockbee without a shred of evidence to back it up is the complete opposite of what prosecutors should do."

For the past week, doubts have surfaced about Tally Smith’s credibility.

It might result in a new trial for the man convicted of Mockbee’s murder, David Dooley.

Tally Smith hugged members of Mockbee’s family before she testified Friday in the hearing, which will decide whether Dooley gets a new trial.

The case drew national attention. The body of Mockbee, a 42-year-old mother of two, was found beaten to death outside her workplace at Thermo Fisher Scientific in a Boone County industrial park. A jury convicted Dooley, the janitor at Thermo Fisher, in 2014.

Dooley’s attorneys, Deanna Dennison and Jeff Lawson, have made startling accusations and revelations about Tally Smith and the lead detective in the case, former Boone County Sheriff’s Detective Bruce McVay.

McVay, under intense questioning on Thursday, admitted to having an affair with Tally Smith.

It was Tally Smith's turn to testify on Friday. She answered questions from the special prosecutor from the Attorney General's Office, which has taken over prosecution of the case.

Tally Smith on Friday said the affair developed after the 2014 trial and lasted about six months, from November 2014 until spring 2015. The relationship developed out of the long months together going over evidence and witnesses, she said. She described McVay as cocky and also funny, always ready with a joke. She paused and said she knew about his reputation as a womanizer. In investigations, the sheriff's department would ask McVay to interview the female witnesses.

"Bruce's specialty is to interview the female witnesses because he gave them a shoulder to cry on," Tally Smith said.

She began to suspect in subsequent cases that McVay either lied or didn’t do the work properly. On the stand, she cited a June 2015 homicide in which McVay was sent to get surveillance video and told her the suspect wasn’t on the video. Tally Smith said she learned the suspect was on the video.

In another case, the police report didn’t match what he told her, she said. She later said on the stand she felt she overreacted against McVay.

“I, pardon my language, lost my (expletive),” Tally Smith said on the witness stand. “In my mind, this is the first time ever that I believe he lied in connection with his job.”

She began saving text messages and communications between her and McVay, in case it would call into question other cases, like the Dooley case. It’s these messages that set this whole tangled case rolling last year.

A former law clerk fired by Tally Smith handed over to the Kentucky attorney general a thumb drive of information downloaded from the prosecutor’s servers, including communications between McVay and Tally Smith.

Dooley’s defense in the four-day hearing has focused largely on a minute-long surveillance video taken 10 hours before Mockbee’s murder on the same property.

The defense has argued Tally Smith and McVay withheld existence of this footage.

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.

Tally Smith said she didn't learn of this video until months after the trial when McVay brought it up in conversation. It angered her that the defense might have brought that video up at the trial without her knowing about it.

"His main job getting ready for trial was to review that video to make sure there was nothing on that video that I didn't know about," Tally Smith said.

But she maintained she believes Dooley is guilty. There's no evidence anyone else could have done it, she said. She didn't withhold evidence from the defense, she said. She said gave the defense more than what the law required, including investigators' handwritten notes. She personally sat with Dooley's defense attorneys for four hours one afternoon as they combed through the evidence, she said.

She saved everything in the event the prosecution would be called into question. It turns out it was.

"I've been doing this long enough to know no case is ever over after you try it before a jury," Tally Smith said. "Any one little thing pulled out that wasn't addressed during the jury trial all of a sudden becomes a big deal."

The hearing will continue at 10 a.m. Monday in the courtroom of Boone County Circuit Court Judge J.R. Schrand. Dooley's defense team is expected to cross-examine Tally Smith.

A defiant prosecutor stands by her work in a notorious murder case

[Clyde]

The "who do we blame" debate is irrelevant. McVay is not one who has a history of high character (Good OL Boy Roundup in Tennessee , anyone?) and the prosecutor entering an affair casts doubt on her judgement.

 

I hope J.R. makes the right decision in the name of fairness.

[theguru]

I hope J.R. makes the right decision in the name of fairness.

 

I am just spit-balling here but if the local Judge doesn't order a new trial I would think the defense will continue to appeal the decision up the totem pole until a Judge (or panel of Judges) either orders a retrial or there are no more appeals available.

[lawildcat]

Anybody catch the license of that bus?

[Clyde]

Eric Deters firing shots at everyone.

 

Says he thinks Mr Mockbee is behind the murders.

 

Says Tally Smith has had multiple affairs.

 

Eric Deters - Eric Deters The Bulldog Reveals New Info On... | Facebook

[Clyde]

Tally Smith will be cross-examined today.

[Qryche11]

Testimony completed in Dooley hearing; families must wait several weeks to see if new trial is granted | NKyTribune

[KingOfClutch33]

It is an important distinction to make between "Doubt" and "Reasonable Doubt" which is something more than just doubt.

 

I, personally, do not know how you can convict on no physical evidence, no real circumstantial evidence in my opinion, other than he lied, and a made up story about triple dipping that has no substance to it and they have found no evidence of him doing so. Do I think Dooley did this? I think there is a strong possibility. Do I think the prosecution did enough to get a conviction? Not a snowball's chance in hell. They basically convicted him based off of leaving the scene, finding the body, and lying about why he left. I just have a hard time accepting that.

[Voice of Reason]

Eric Deters firing shots at everyone.

 

Says he thinks Mr Mockbee is behind the murders.

 

Says Tally Smith has had multiple affairs.

 

Eric Deters - Eric Deters The Bulldog Reveals New Info On... | Facebook

 

I thought the circus was going out of business. Does anyone take Eric Deters seriously? Does he have one shred of credibility anywhere except with his fellow carnival barker Bill Cunningham?

[ggclfan]

If nothing else, the Deters rant was very entertaining...

[Clyde]

The whistle blower says there's a lot more dirt on Linda Tally Smith

Boone Co. whistle-blower speaks out, says initial info is just "tip of the iceberg" | WKRC

[KingOfClutch33]

Crazy, I played college football with the "whistle blower," had no clue it was him. Interesting stuff, though, if true. If this is true, it is super sad and puts a lot of questions into the cases she tried and if they were conducted fairly. I feel like this could get a lot bigger, and it is kind of sad. The "Chiquita Queen" seems like a sleaze ball.

[mexitucky]

KingOfClutch33 said:

Crazy, I played college football with the "whistle blower," had no clue it was him. Interesting stuff, though, if true. If this is true, it is super sad and puts a lot of questions into the cases she tried and if they were conducted fairly. I feel like this could get a lot bigger, and it is kind of sad. The "Chiquita Queen" seems like a sleaze ball.

Be careful who you treat poorly. Karma is not kind as well.

[KingOfClutch33]

mexitucky said:

Be careful who you treat poorly. Karma is not kind as well.

Is that a direct statement to me, or this situation? LOL.

You hit the nail on the head. And if you are going to treat your employees terribly, you better make sure you have no skeletons in the closet that they can use. The worst part about this is that a man, possibly innocent, but who knows, sits in a cell because of this lady. I feel bad for David Dooley, honestly. I don't know if he is guilty, by all accounts he could be, but I definitely do not think he got a fair shake in court. Which then makes me wonder, who else is sitting in State Prison or Boone County Jail that she put away with these terrible tactics.

[ColonelCrazy]

New trial has been granted according to Channel 12's Joe Webb's Twitter Account: