James Dailey. Credit: Florida Dept of Corrections.
.- The Catholic bishops of Florida have called on Governor Ron DeSantis to halt the scheduled execution of James Dailey, who is on death row for murder in a controversial case from nearly 35 years ago.
The bishops leading the seven dioceses of Florida signed a joint letter Oct. 21. While they noted their objections to any use of the death penalty in the state, they said Dailey’s case is “especially alarming” because of the evidence of innocence surrounding him.
“There is strong evidence that James Dailey’s death sentence was yet another failure of justice,” the bishops said. “Another man, Jack Pearcy, has signed a sworn affidavit that he, and he alone, was responsible for the tragic death of 14-year-old Shelly Boggio.”
Dailey, a 73-year-old veteran, is scheduled to be executed Nov. 7 for the 1985 murder of 14-year-old Shelly Boggio, whose body was found repeatedly stabbed and drowned near St. Petersburg.
There is no physical evidence or eyewitness testimony connecting Dailey to the murder, the Tampa Bay Times reports. Rather, Dailey’s housemate and co-defendant, Jack Pearcy, accused him of taking part in the crime. Pearcy is currently serving a life sentence for the murder.
Inmates at the prison where Dailey was being held were interviewed, initially yielding no results. A few days later, however, three inmates said they had heard Dailey make incriminating statements. The inmates received reduced charges in return for the information, according to the Death Penalty Information Center. One of the inmates was known as a prolific informant, giving testimony over the years that has sent four men to death row and being convicted himself of more than 20 crimes of deception.
Pearcy has acknowledged at least four times that Dailey was innocent of the crime, Dailey’s lawyers maintain, including in a 2017 affidavit, signed by Pearcy, which said, “James Dailey was not present when Shelly Boggio was killed. I alone am responsible for Shelly Boggio’s death.”
However, in January 2018, Pearcy took the witness stand and was questioned about the affidavit. He said some of the statements in it were untrue. When pressed further about which statements, he invoked the Fifth Amendment and refused to answer.
Earlier this month, the Florida Supreme Court rejected Dailey’s appeal, which argued that new evidence discrediting the jail informant testimony against Dailey should be permitted to be introduced. The court said Dailey should have raised this objection earlier. It ruled that all of his “newly discovered evidence claims were either correctly rejected as untimely or based on inadmissible evidence.”
The bishops of Florida voiced concern over the state’s high number of executions – and exonerations.
“Florida leads the nation in death row exonerations,” they noted. “Florida makes more mistakes than any other state in sentencing innocent people to death.”
Dailey would be the 100th execution in Florida since the state revived the death penalty in 1976.