Kentucky conviction thrown out after prosecutor's affair

Publish date: 2024-05-27

A Kentucky murder conviction has been thrown out after it was revealed the prosecutor was having an affair with the lead detective on the case.

Kentucky Commonwealth Attorney Linda Tally Smith, who remains married to District Judge Jeff Smith, admits she was having an affair with Boone County Sheriff's investigator Bruce McVay in 2014.

McVay was the lead investigator and Smith the prosecutor in the 2014 trial of David Wayne Dooley, who was later convicted of the 2012 murder of Michelle Mockbee and sentenced to life in prison.

But his conviction was overturned in May after a Boone Circuit Court Judge ruled that surveillance footage of another man attempting to enter the Thermo Fisher Electric building - where Mockbee was found beaten to death ten hours later - was withheld from the defense and trial.

Kentucky Commonwealth Attorney Linda Tally Smith, who remains married to District Judge Jeff Smith, admits she was having an affair with Boone County Sheriff's investigator Bruce McVay in 2014 Kentucky Commonwealth Attorney Linda Tally Smith, who remains married to District Judge Jeff Smith, admits she was having an affair with Boone County Sheriff's investigator Bruce McVay in 2014

Kentucky Commonwealth Attorney Linda Tally Smith (left) admits she was having an affair with Boone County Sheriff's investigator Bruce McVay (right)  in 2014

While Smith insists she was not aware of the video, and claims her relationship with McVay did not begin until after the trial, a letter, obtained by the Northern Kentucky Tribune, reveals she had divided loyalties.

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'Even if I was aware that you had lied here or there on cases, I wouldn't have wavered in that loyalty to you and "having your back,"' she wrote in the letter to McVay, which she says she never delivered.

Meanwhile, McVay says he did tell Smith about the letter during the trial.  

McVay was the lead investigator and Smith the prosecutor in the 2014 trial of David Wayne Dooley (pictured) who was later convicted of the 2012 murder of Michelle Mockbee and sentenced to life in prison

McVay was the lead investigator and Smith the prosecutor in the 2014 trial of David Wayne Dooley (pictured) who was later convicted of the 2012 murder of Michelle Mockbee and sentenced to life in prison

The former couple contradicted each other at the post-conviction hearing to rule whether Dooley should have a new trial.  

An 18-page letter, written by Smith and left on a drive in the Commonwealth's Attorney's office, appeared to back up her account. 

The letter was found by office employees and reported to the authorities. It addresses to McVay, although Smith says she never sent it. 

She wrote that she was angry McVay had kept the video from her as it 'left me in a position that I could have gotten my ass handed to me during the trial.'

'And I get to live with the worry that someone on the defense side will find it at some point, and that we'll all wind up in trouble over it. And the entire case will be tainted because of it.'

Smith remain married to District Judge Jeff Smith (pictured together) 

Smith remain married to District Judge Jeff Smith (pictured together) 

She goes onto say that she feels like she can no longer trust the cop, 'since I now know that you are willing to lie ABOUT CASES and you feel comfortable lying TO ME.'

Smith also questions his integrity on the job and accuses him of multiple violations, such as conducting illegal searches to determine whether he should get a warrant after the fact, 'schmoozing' women to get information from them and turning off audio and video, and 'threatening someone to get them to talk.' 

Later she mentions he is a bad influence on young, impressionable cops, while she also mentions a conversation she had with one of McVay's superiors who allegedly 'believed that you were a "high functioning alcoholic."'

The letter is problematic, as if Smith did know that McVay kept the video from the court, as well as the many allegations of misconduct, and failed to report McVay, she is in breach of her position's responsibility.

The former couple contradicted each other at the post-conviction hearing to rule whether Dooley should have a new trial (pictured) 

The former couple contradicted each other at the post-conviction hearing to rule whether Dooley should have a new trial (pictured) 

Smith insists she was not aware of the video, and claims her relationship with McVay did not begin until after the trial, a letter she wrote reveals she had divided loyalties

Smith insists she was not aware of the video, and claims her relationship with McVay did not begin until after the trial, a letter she wrote reveals she had divided loyalties

Meanwhile, if all the allegations are false, she has defamed McVay and the Boone County Sheriff's Department - which could affect multiple cases he has worked in.

Smith has so far refused to resign as Commonwealth Attorney for Boone and Gallatin. 

A special prosecutor has been appointed to look into her actions.

An internal investigation in October, 2016 into McVay's conduct stated it did not yield 'any information to suggest (McVay) violated policy & procedure.'

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