Defense grills detective in David Dooley retrial

Posted at 5:20 PM, Mar 07, 2019
and last updated 2019-03-07 17:36:33-05

BURLINGTON, Ky. — The commonwealth rested its case against David Dooley Thursday following about two weeks of evidence and testimony.

Dooley is accused of killing his coworker, Michelle Mockbee, in 2012. A jury previously convicted him in 2014, but a judge overturned that decision about two years ago after defense attorneys said they had never been given a piece of video evidence.

During cross-examination, the defense team grilled Detective Everett Stahl for more than three hours Thursday over key pieces of evidence, including that surveillance video that the defense didn't see in the first trial. The video shows an unidentified person walking near the building about nine hours before Mockbee was killed.

The defense repeatedly questioned how the police zeroed in on Dooley so quickly, ruling out Mockbee's husband, Dan, and other employees who were there.

"Dan Mockbee is probably going to be the person who knows Michelle the best, wouldn't you agree?" a defense attorney asked.

"That's correct," Stahl answered.

"And he's telling you that it has to be an ex-employee?"

"Correct, or Dave Dooley."

"Again, you took notes from that interview with him, even though it wasn't recorded? OK, and his name is not there, David Dooley's name is not there?"

"Just because it's not there doesn't mean I don't remember," Stahl said. "The notes help me remember when I'm typing these reports."

Prosecutors said it was Dooley's conflicting statements about where he was and what happened the day Mockbee was killed that made him the prime suspect. They said Dooley killed Mockbee after she caught him triple dipping time cards to steal from the company.

On Wednesday, Stahl had testified about a ruse the detectives used on Dooley. They brought in a tape gun similar to the one they think was used to kill Mockbee, but hasn't been found. Stahl said Dooley's "demeanor changed quickly" and he terminated the interview with detectives.