GIST: "The Florida Supreme Court on Thursday refused to reconsider a September decision that rejected an appeal by a Death Row inmate convicted of murdering a 14-year-old girl in 1985 in Pinellas County.
Justices, in a 6-1 ruling, denied a motion for a rehearing sought by James Dailey, whose case has drawn national attention. As is common, the court did not explain its reasons for denying the motion.
Justice Jorge Labarga was the only dissenter.
Dailey, now 75, and co-defendant Jack Pearcy were convicted in the murder of Shelly Boggio, whose nude body was found with multiple stab wounds floating in water near Indian Rocks Beach.
Attorneys from Florida and other states have fought to overturn Dailey’s conviction, contending that he is innocent of the murder. In part, that has been based on a signed declaration in 2019 by Pearcy that he —- not Dailey —- killed Boggio.
Also, the attorneys have targeted jailhouse informant Paul Skalnik, whose testimony helped lead to Dailey’s guilty verdict.
Attorneys for Dailey argued at the Supreme Court that a prosecutor during Dailey’s 1987 trial had allowed false testimony from Skalnik. Justices on Sept. 23 rejected an appeal, which led to Dailey’s attorneys filing the motion for rehearing.
“Rehearing and clarification are necessary because this court’s decision to sanction the state’s conduct —- its knowing decision to permit and then leverage its star witness’s perjury at James Dailey’s capital trial —- runs afoul of the U.S. Constitution and departs from this court’s own precedent,” the Oct. 8 motion for rehearing said."
The entire story can be read at:
https://www.cltampa.com/news/florida-supreme-court-refuses-to-reconsider-james-daileys-1985-pinellas-murder-conviction-12489037PUBLISHER'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;