Shelly Boggio 1985 murder Was James Dailey wrongfully convicted? New info..

I’m just catching this case on a 20/20 rerun. Very interesting.
 
Any conviction that relies substantially or entirely on a "jail house confession" or testimony from some guy given a special deal in return should be regarded as highly suspect. There is so much motivation for these people to lie on the stand.
 
Several years ago, I read "The Innocent Man" by John Grisham. I recently started watching it in episodes, on Netflix. I do not doubt that there are more folks in prison who are innocent than we'd like to think. I was actually looking for the men from that case when I ran across this guy. If this fella is innocent, then I hope for him the very best. It's easy to get into jail on bad charges, but much harder/almost impossible, to get out.

30 people have been exonerated from the death penalty in Florida since it was reinstated in 1976 When it comes to death penalty exonerations, Florida leads the nation. In-depth: Florida leads US with most exonerations from the death penalty

Difficult case.
Skalnik claimed on the stand that Dailey confessed the murder to him in jail, offering lurid details of the grisly stabbing. Dailey, now 73, denied in an exclusive TV interview to ABC News that he had ever had a conversation with Skalnik, much less confessed to a known jailhouse snitch.

He said the prosecutor "absolutely has an ethical, professional, and legal responsibility not to mislead that jury." Dubin added that "failure to do so means a fraud on the court, means that this conviction cannot stand." The testimony of Skalnik was pivotal in Dailey's conviction for the brutal murder of Boggio.



According to court records, one of Dailey’s Attorneys visited Florida inmate Jack Pearcy at the Sumter Correctional Institution in December, just days before Dailey's execution delay expired.

Pearcy is the co-defendant in the case. He was also found guilty of Shelly Boggio’s murder, but he was given life in prison instead of death. Over the years, he has admitted to being the sole killer. And he did so again just before Christmas.
On Dec. 18, 2019, Pearcy he "voluntarily" signed another declaration claiming that he alone killed the young girl and that Dailey was not involved.


Published Sep. 23, 2021|Updated Sep. 24, 2021

The Florida Supreme Court has affirmed a lower court’s decision upholding the conviction and death sentence of James Dailey, whose lawyers have argued that he is innocent of a 1985 murder of a teenage girl in Indian Rocks Beach.

In an opinion Thursday, the state’s highest court rejected several claims from Dailey’s defense, including arguments that his conviction should be overturned based on a 2019 affidavit signed by his codefendant, Jack Pearcy, that included a statement in which Pearcy took sole credit for the crime. Pearcy later claimed the statement in the document was untrue and refused to testify when called to court in March 2020.

Six of the court’s seven justices concurred with the ruling. Justice Jorge Labarga dissented.

In his own opinion, Labarga noted that there is no forensic evidence linking Dailey to the murder of 14-year-old Shelly Boggio, and that the state’s case against him hung on the testimony of three jailhouse informants who claimed he’d made incriminating statements while awaiting trial.

The dissent noted concerns about the reliability of jailhouse informant testimony. It also noted 30 people have been exonerated from Florida’s death row since 1972.

“Thirty people would have eventually been put to death for murders they did not commit,” Labarga wrote. “This number of exonerations, the highest in the nation, affirms why it is so important to get this case right.” Florida Supreme Court upholds James Dailey’s death sentence
 
Mr. FB, and his three daughters moved to Kenneth City in 1984 from Battle Creek, Mich. They came to Florida with no money or possessions, just the clothes they wore. FB was a hairstylist. Shelly was murdered in 1986. Her father then passed in 1992 at age 50. Stacy, Shelly's twin sister, passed in 2003 at age 35. Sherry B. was the eldest of the three, who was 17 when Shelly died. (Shelly’s sisters’ depositions May 8, 1986)

May 5, 1985, Beach Day.
  • Sunday afternoons were beach days.
  • Shelly and her sibs lived less than 10 miles from the beach.
  • On May 5, 1985, Sherry B and her sister Shelly B, went to Madeira Beach, in a vehicle driven by a friend, H Nash.
  • They left home, at about 11 a.m. to meet a regular group of friends at Madeira beach, Fla (HN, DM, TM, TS, LG).
  • She nor her sister was drinking.
  • Neither Pearcy nor Dailey was there at the beach that day.
  • Shelly's twin sister Stacy had not gone to the beach with them
  • Shelly, left the beach that Sunday afternoon, with H Nash, around 3 p.m. and was going home to clean the house.
  • That was the last time that Sherry saw Shelly alive.
Details
  • Pearcy, Dailey (aka Jimmy D.), and O.Shaw, (a friend of Pearcy’s who was staying with them from out of town), picked up Stacy, Stephanie, and Sherry, hitchhiking, right after the girls had made off with $30, from a stranger, for a bogus weed deal. The girls split the cash three ways.
  • The group went to buy alcohol, smoked weed and watched a movie at Pearcy's home. Then decided to go to a bar.
  • Shaw decided to stay at Pearcy's home.
  • Stacy (twin), on Monday morning, told Sherry that she and their friend Stephanie had asked to be dropped off at Stephanie's home, but that Shelly stayed at Pearcy's, and was very bubbly (10 p.m.).
  • Shelly went to the bar with Pearcy, Daily, and G. Baily (Pearcy's pregnant gf).
  • Two acquaintances had also told Sherry, that they had seen Shelly at Jerry's Rock Disco, with Dailey and Pearcy.
  • Baily stated that Shelly danced with Pearcy at the club, but not Dailey.
  • When the group left, they went back to Pearcy and Dailey’s house, where Bailey also lived.


Stacy (Shelly's twin sister)
  • Stacey did not know Dailey and Pearcy. Sherry and Shelly knew Dailey and Pearcy and had hung out with them before.
  • Stacey stated that Pearcy had once stopped by their house looking for Sherry. Mr. Boggio answered the door and told Pearcy, then 30, he was too old to be hanging out with 14-year-olds. Pearcy never came back.
  • Stacy (Twin) said that twin Shelly never went out with Pearcy nor Dailey (dated).

Sherry (Sister of twins Shelly and Stacy)
  • Sherry did not like Jimmy D (Daily), but didn't know him very well. She thought he was weird/strange but Shelly thought he was nice.
  • When asked if she'd seen Daily act violently, Sherry stated that he and Mark G had been in a physical fight, about three weeks prior, when drinking.
  • Sherry indicated that Pearcy and Daily were both heavy drinkers.
  • LE was asking if Sherry knew Tom's last name or Todd's last name, and Lori's. I think T Todd is the full name and he was/is a local landscaper.

Misc.
  • Stacy stated that her twin sister Shelly was seeing Sean G. (brother of Mark G.) at the time of her death.
  • Mark G and gf LoriG, introduced them to Pearcy and Dailey.
  • Sean G, and his brother Mark, were thought to live with Tommy Todd, and Lori, near 54th Street, and the Boggio home.
  • Mark G and Lori had broken up at the time of Shelly's interview, almost a year after Shelly's murder, so it was unknown where Lori was living at the time. However Shelly still saw Lori frequently, when Lori was visiting Tommy Todd's.
  • Shelly said that Mark G was a bum, wouldn't work, and lived "everywhere".
Execution Date:
Ron DeSantis, who was sworn in for a second term as Florida's governor, last signed a death warrant in September 2019 for the execution of James Dailey, who was convicted of the 1985 murder of 14-year-old Shelly Boggio. The execution was delayed by the courts and has not yet been rescheduled.

 

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