Kentucky conviction thrown out after prosecutor's affair

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.

'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

read more from dailymail.....

Get the latest news delivered to your inbox

Follow us on social media networks

PREV Manchester family return from Menorca to find home burgled
NEXT Prince Charles salutes Passchendaele heroes