BACKGROUND: "(James) Dailey is a veteran who has spent 34 years on death row. His conviction was based almost entirely on the testimony of prolific jailhouse informants, one of whom was a known crooked cop facing over 20 counts of fraud and larceny. For his testimony, which also sent three other men to death row and many others to prison, the informant received leniency in his own sentencing. Over the years, numerous other informants have come forward to allege that a man named Jack Pearcy is solely responsible for the crime in question, the murder of a young woman, and, in fact, it was Pearcy that prosecutors initially went after for the crime, but, when a jury failed to hand down a death sentence for him, the prosecutors turned their focus and energy toward Dailey. Pearcy has repeatedly confessed to being the sole perpetrator in the homicide, even going so far as to sign a sworn affidavit at one point. Dailey has also been excluded as a source for the existing forensic evidence in the case, a hair found in the victim’s hand. But none of this really seems to matter in Florida, a state that leads the country in exonerations from death row, with 29, and that has carried the highest number of executions since reinstatement, a whopping 99. Despite all of these factors, Dailey has been unsuccessful at obtaining a new trial and still stands to be executed in the near future."
Hannah Cox: National Manager of Conservatives Concerned About the Death Penalty
https://www.washingtonexaminer.com/opinion/florida-might-soon-execute-an-innocent-man-reminding-us-why-conservatives-should-oppose-the-death-penalty
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STORY: "Florida judge denies new trial for death row inmate in 1985 slaying," by United Press International, published on May 30, 2020.
GIST: "A Florida judge on Friday denied a new trial for a death row inmate convicted of killing a 14-year-old girl in 1985.
Pinellas-Pasco Circuit Judge Pat Siracusa issued the order in response to a March hearing in which James Dailey’s lawyers sought to introduce new evidence exonerating their client.
The Tampa Bay Times reported that the defense team obtained a signed statement from Dailey’s co-defendant, Jack Pearcy, who said he alone killed Shelly Boggio in 1985. During the hearing, though, Pearcy refused to testify.
Siracusa said that because there’s no new evidence, he won’t grant a new trial.
“Unfortunately, the trial court ruled today that it could not consider the overwhelming evidence of Mr. Dailey’s innocence, including Jack Pearcy’s repeated confessions that he committed the murder alone, because of its view concerning a number of technical legal requirements,” Dailey’s lawyer, Josh Dubin, told the Times.
“We respectfully disagree with the court’s ruling and will continue to fight for justice for James Dailey. He did not murder Shelly Boggio.”
Dailey, 73, was sentenced to the death penalty for Boggio’s death, while Pearcy received life in prison. In one statement, Pearcy told investigators that Dailey stabbed Boggio and held her underwater until she drowned.
Her body was found floating in waters off Indian Rocks Beach in Pinellas County.
Dailey was convicted in 1987 based mostly on testimony from three jailhouse informants. There was no physical evidence linking him to the slaying.
The Florida Supreme Court in November rejected Dailey’s appeal for a stay of execution.
Dailey was scheduled for execution on Nov. 7, 2019, but was granted a temporary stay in October by U.S. District Judge William Jung to allow his new attorneys more time to prepare their case.----------------------------------------------------
The entire story can be read at:
https://www.upi.com/Top_News/US/2020/05/29/Florida-judge-denies-new-trial-for-death-row-inmate-in-1985-slaying/9761590792765/
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See previous post on this Blog: Pamela Colloff's begins her series on jailhouse informants with the Dailey case at the link below:
Pamela Colloff: Police Snitches; (1) Welcome Development. Investigative Reporter Pamela Colloff is embarking on a new series - this time probing use of jailhouse informants by prosecutors. The series centers around a notorious informant named Paul Skalnik - and a man named James Dailey who is currently under an active death warrant in Florida. (This is a ProPublica/New York Times collaboration.) The first report as per the link below, is headed: "He’s a Liar, a Con Artist and a Snitch. His Testimony Could Soon Send a Man to His Death."..." Over the coming months, I will be providing you with background on my investigation into a notorious con artist named Paul Skalnik, who is likely one of the most prolific jailhouse informants in U.S. history, as well as updates on James Dailey, who is currently under an active death warrant in Florida. Skalnik’s testimony helped send Dailey to death row back in 1987. Skalnik testified or gave information in at least 40 different criminal cases in Florida and Texas in the 1970s and 80s. Some of the men he helped send to prison are still behind bars. I have reason to believe that he was involved in more cases, too, which I hope to soon dig into. I’ll use this newsletter to share my findings and to keep you updated on developments in Dailey’s case. A stay of execution is in place through Dec. 30. After that, Gov. Ron DeSantis of Florida can set a new execution date for as soon as January. I’ll also keep you posted about any new information that may shake loose once my story is published."
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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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