FLORENCE, KY (FOX19) - A retrial date is set for the former janitor accused of killing his co-worker at their workplace in Florence in 2012. David Dooley was convicted of murder in the death of Michelle Mockbee, but his conviction was thrown out after a judge ruled video evidence was withheld from his defense attorney.
Circuit Court Judge James R. Schrand set Dooley's retrial for September 17, 2018 in Boone County court on Thursday. A pre-trial hearing is scheduled for April 12, 2018.
The 42-year-old Burlington man has maintained his innocence in the May 29, 2012 beating death of Michelle Mockbee, 42, his co-worker at Thermo Fisher Scientific in Florence. Dooley worked at the company as a janitor, and her body was found outside in the industrial park. He was convicted of her murder in 2014 and sentenced to life in prison.
The video is considered crucial evidence and shows a man walking to a door and pulling on it, showing someone else could have gotten into the industrial park and could have murdered Mockbee.
A thumb drive was turned over to the Kentucky Attorney General's office by the attorney representing a law clerk formerly employed by Tally Smith's office. The thumb drive included text messages between Boone Commonwealth's Attorney Linda Tally Smith and the lead detective in the case, Boone County Sheriff's Detective Bruce McVay, raising questions over the integrity of the Dooley investigation and throwing the conviction in doubt. The video was discovered on the thumb drive and Dooley's defense was informed about its existence.
Tally Smith and McVay admitted under oath they had an affair, but they said it started after the 2014 trial.
Tally Smith insists she didn't know about the video until after the trial, while McVey has retired from the Sheriff's Department.
A special prosecutor with the OAG's office has taken over the case.