Michelle Mockbee got to work early on May 29, 2012. She handled payroll at a Thermo Fisher Scientific facility in Florence, Kentucky. Later that morning she was found dead in a mezzanine inside the building. Prosecutors would argue that one reason she might have been in danger had to do with the ordinary job she came in to do. [1] [4]

David Dooley and his wife cleaned at the facility. He had been clocking in for both of them while she was ill, according to the Kentucky Supreme Court’s account of the evidence. Prosecutors argued he feared Michelle would find out. What Michelle knew that morning remained an open question. [1]

The Florence water tower in northern Kentucky
The Florence water tower in northern Kentucky. Geographic context photograph; not a crime-scene photograph or an original evidence exhibit. The building or landscape is public geographic context; no event is assigned to it.
Morgan from Montreal, Quebec, Canada · Image source · CC BY 2.0 · Geographic context; not authentic crime evidence. The building or landscape is public geographic context; no event is assigned to it.

What went to the lab

Investigators cut the restaurant carry-out bag found over Michelle’s head during removal. The piece they retained yielded DNA attributed to both Michelle and Dooley. The finding put material associated with Dooley on a particular object. It gave the jury no time for when he might have touched it. Another piece, described by the court as bloodier, was apparently discarded before it could be tested. [1]

Jurors also heard about Dooley leaving the building around the relevant time, unusually clean white shoes and a strong smell of bleach in a closet he used. At a workplace where he was paid to clean, the state relied on what witnesses said was unusual that morning. Dooley said he had left to check on his wife. [1]

Boone County Courthouse in Burlington
Boone County Courthouse in Burlington. Geographic context photograph; not a crime-scene photograph or an original evidence exhibit. The building or landscape is public geographic context; no event is assigned to it.
w_lemay · Image source · CC0 · Geographic context; not authentic crime evidence. The building or landscape is public geographic context; no event is assigned to it.

A recording the defense hadn’t seen

Dooley was convicted in 2014. His lawyers later learned that the prosecution had surveillance footage showing an unidentified person on the property before the killing. They hadn’t been given the footage before trial. In 2017 the judge set aside the conviction and ordered a new trial. The recording gave the defense something concrete to investigate about who could approach the building. It supplied no image of Michelle’s killing. [1] [2]

The second jury convicted Dooley of murder and evidence tampering in 2019. He received a forty-three-year sentence. On appeal his lawyers argued, among other things, that jurors should have been allowed to draw a favorable inference from the loss of the second piece of the bag. The Kentucky Supreme Court found the possible result of a test too speculative to require that instruction. [1] [3]

Covington, Kentucky, in the Northern Kentucky region
Covington, Kentucky, in the Northern Kentucky region. Geographic context photograph; not a crime-scene photograph or an original evidence exhibit. The building or landscape is public geographic context; no event is assigned to it.
EEJCC · Image source · CC BY-SA 4.0 · Geographic context; not authentic crime evidence. The building or landscape is public geographic context; no event is assigned to it.

The knife and gloves

The court found that the second jury should never have seen a red folding knife and latex gloves taken from Dooley’s truck months after the crime. The state hadn’t established a sufficient connection to the killing. The judges ruled that admitting them had been an error and that it hadn’t affected the verdict enough to overturn it. They affirmed in 2021. The tested piece of the bag stayed in the record. What a lab might have found on the other piece remains unknown. [1]

Case brief

Florence, Kentucky · 2012

Recorded outcome
David Dooley’s first conviction was set aside. A jury convicted him of murder and tampering in 2019, and he was sentenced to 43 years. Kentucky’s Supreme Court affirmed in 2021 and the U.S. Supreme Court declined review in January 2022.

Key moments

  1. After collection · laboratory testingDNA on the retained fragment★ Key conviction evidenceView on map
  2. May 2017New trial ordered over withheld footage✓ Exclusion or reversalView on map
  3. February 18, 2021Errors identified, judgment affirmed◇ Disputed evidenceView on map

People in this case

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Sources & further reading

  1. Dooley v. Commonwealth · Kentucky Supreme CourtPrimary · 2021-02-18Retrial record, DNA, bag fragment, harmless errors, prior vacatur and affirmance.
  2. Northern Kentucky Tribune · Order granting a new trialReporting · 2017-05-30First conviction set aside and reason for new trial.
  3. WCPO · Verdict in the David Dooley retrialReporting · 2019Second verdict. Sentence also checked in the court opinion.
  4. WCPO · Retrial hearing coverageReporting · 2017Date of the killing and context for hearing.
  5. U.S. Supreme Court order list, Dooley v. Kentucky, No. 21-6275Primary · 2022-01-10Records denial of certiorari following the Kentucky Supreme Court’s decision on the retrial.

Editorial review: 2026-11-12 · 468 words