Florida death row inmate, 73, denied new trial despite co-defendant confessing to murdering teen girl in 1985
A 73-year-old death row inmate, who was convicted of killing a 14-year-old girl in 1985, has reportedly been denied a new trial despite another man coming forward and confessing to the murder. Florida's Pinellas-Pasco Circuit Judge Pat Siracusa, on May 29, denied the elderly inmate James Dailey's latest attempt to prove his innocence.
Dailey's attorneys had previously sought to introduce new evidence in the case of Shelly Boggio's killing that would have exonerated their client. The evidence also included a confession of the murder from co-defendant Jack Pearcy. The 14-year-old was stabbed and drowned in the water off Indian Rocks Beach over 30 years ago. Both Dailey and Pearcy were convicted in the case of first-degree murder in separate trials. Dailey was given a death sentence while Pearcy is serving a life sentence for Boggio's killing.
Decades after their prison sentences, Dailey's defense, in December last year, obtained a signed statement from 64-year-old Pearcy, saying: "James Dailey had nothing to do with the murder of Shelly Boggio. I committed the crime alone," Tampa Bay Times reported. Pearcy had signed a similar statement in 2017 admitting his guilt, however, in a court hearing in March last year, he refused to testify and professed his own innocence instead. Pearcy has reportedly been giving inconsistent statements regarding his involvement in the child's murder.
Judge Siracusa, however, on May 29, ruled that there was no admissible evidence for a new trial and that Dailey's death penalty would continue to stand. Shortly after the judge's ruling, Dailey's lead defense attorney Josh Dublin said: "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. We respectfully disagree with the Court’s ruling and will continue to fight for justice for James Dailey. He did not murder Shelly Boggio."
Florida Gov. Ron DeSantis, in September last year, had ordered Dailey's execution for November 7. However, a federal judge had later approved a stay of execution to give the 73-year-old's attorneys more time. Dailey's new execution date has not yet been set.
Reports state that Dailey currently has an appeal pending with the US Supreme Court in yet another attempt to put a stop to his execution.
Boggio was hitchhiking with her twin sister in May 1985 where she met Dailey, Pearcy, and another man. After a night of drinking Dailey and Pearcy took Boggio to a deserted fishing area. It was revealed in court documents that the child was beaten, choked, stabbed 31 times, and held underwater until she died. Her body was later found near the Walsingham Road bridge near Indian Rocks Beach.
After Pearcy was arrested in the killing, he told police that Dailey had stabbed Boggion and held her underwater. "I just want you to know that I got out of the car and tried to stop Jimmy D. from stabbing her, but when I saw it, I puked all over the place," he told the authorities on the night he was arrested. Dailey, in the following appeals, however, maintained that he was innocent and was sleeping at his home when the killing occurred. There is no physical evidence that links Dailey to the murder.
"I am innocent. Jack Pearcy killed that girl, but I have no way to prove that," Dailey had told the state’s parole commission in 2015.