BURLINGTON, Ky. — Attorneys questioned another one of Michelle Mockbee's former coworkers Monday about the morning of her murder as the trial for the man accused of killing her continued in its eighth day.
David Dooley is accused of killing Mockbee after she caught him triple dipping time cards. A jury previously convicted him in 2014, but a judge ruled he was entitled to a retrial after defense attorneys said they hadn't received surveillance video that showed an unidentified person outside the building the night before Mockbee was killed.
The commonwealth called Doug Tungate, a former Thermo Fisher Scientific temp worker, to testify about what happened on May 29, 2012, when Mockbee was found dead at work. Tungate said he noticed Dooley was wearing unusual shoes.
"Did his white shoes stand out to you?" Assistant Attorney General Jon Heck asked.
"Yes," Tungate said.
"Because they were bright white, and he didn't normally wear tennis shoes to work."
When Tungate saw Dooley, it was the second time Dooley had been to work that morning. A security camera recorded Dooley leaving earlier. Then he came back.
Heck also asked Tungate if he was wearing the same boots and clothes when he was interviewed by police as he'd started the day wearing. Tungate said he was. Heck asked Tungate if he'd killed Mockbee, tried to clean up the scene, moved her body or helped anyone else do it. Tungate said he hadn't. Other employees who were inside the warehouse facility that day have been asked the same questions.
Investigators believe Mockbee was killed at 6:01 a.m., when few people were at work. Her body was found in an upper mezzanine area, bludgeoned, her hands bound behind her and a bag over her head. Blood stains indicate she was dragged there from an area outside her second-floor office.
The line of questions came after defense attorney Deanna Dennison honed in on a 20-minute period between when Tungate clocked in and when he first scanned product to be moved around the warehouse. It was during that window when Mockbee was killed.
The defense appears to be trying a new strategy in this trial, raising other people as possible suspects. Last week, Dennison questioned Mockbee's husband, Dan Mockbee, about life insurance money he received after his wife's death.
On Friday, attorneys questioned Kenny Hicks, another former coworker at Thermo Fisher. He testified that he'd gotten a call about possible blood on the floor, and Dooley told him that he'd already cleaned there and hadn't seen anything. Roger Hibner, a retired maintenance supervisor, said Dooley "was very fidgety" was workers were called to gather in the building's lobby to meet with investigators.
Who was on the video?
Detective Brian Cochran returned to testify for a second time Monday. He previously took the stand to speak about how evidence was collected in the case.
This time, Cochran spoke about the surveillance video of the unidentified person that got Dooley's previous conviction thrown out. It raised the possibility that someone could have gotten inside the business and killed Mockbee. But Cochran said the man didn't get anywhere close to Thermo Fisher Scientific's door.
From what can be seen on the video, Cochran said it wasn't clear whether the man arrived in a vehicle.
The trial will continue Tuesday.