NKY man’s murder retrial begins

NKY man’s murder retrial begins
Opening arguments are set to begin for the northern Kentucky man accused of killing a co-worker.

CINCINNATI, OH (FOX19) - A northern Kentucky man accused of killing a co-worker at Thermo Fisher Scientific in 2012 is getting a second chance to persuade a jury that he is innocent.

David Dooley, a self-employed janitor, was convicted of killing Michelle Mockbee, a logistics representative, in 2014, but new evidence, which includes video and an admitted affair between the prosecutor and lead detective in the case, is giving him a second chance.

About 200 potential jurors filled up two courtrooms at the Boone County Justice Center on Monday to answer questions from prosecution and defense attorneys.

The jury was selected on Tuesday afternoon.

Boone County Circuit Court Judge J. R. Shrand threw out the conviction against Dooley after evidence was withheld from his defense attorney.

A thumb drive showed up at the Kentucky Attorney General’s Office that included text messages between Boone County Commonwealth Attorney Attorney Linda Tally Smith and the lead detective in the case, Boone County Sheriff Detective Bruce Mcvay. The two admitted to having an affair but said it started after the 2014 trial.

McVay is retired from the sheriff’s department and Tally Smith was voted out of office in the last election.

The thumb drive also produced a link to surveillance video taken the night before the murder, showing what McVay called some random dude walking up and pulling on the door to the Thermo Fisher building.

Dooley's defense team never saw the video which raised a question that perhaps someone else could have gotten in and murdered Mockbee.

The man in the video has not been identified.

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