Page 3 of 11 FirstFirst 12345 ... LastLast
Results 21 to 30 of 108

Thread: James Milton Dailey - Florida Death Row

  1. #21
    Senior Member CnCP Legend Mastro Titta's Avatar
    Join Date
    May 2018
    Location
    Prato, Italy
    Posts
    1,275
    So, what happens now? There will be a motion to uplift the stay in federal court, or we will have to wait January regardless?

  2. #22
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    Well the stay was to give his lawyers time to review the case, not based on the merits of his innocence claims. So the stay is in place for the allotted time after which DeSantis can sign a new warrant. I doubt Dailey makes it past February.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  3. #23
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On December 2, 2019, Dailey filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/fl...cv02956/371708

  4. #24
    Senior Member Frequent Poster NanduDas's Avatar
    Join Date
    Sep 2018
    Location
    California
    Posts
    419
    Judge who granted execution delay rejects Dailey appeals

    In a series of written orders, U.S. District Judge William Jung rejected appeals from lawyers who argue James Dailey is innocent of a 1985 Pinellas County murder.

    By Dan Sullivan
    The Tampa Bay Times

    TAMPA — The same judge who effectively canceled James Dailey’s execution six weeks ago appears unconvinced by claims that the death row inmate might be innocent of a 1985 Pinellas County murder.

    U.S. District Judge William Jung, who in October granted Dailey a temporary stay of execution to give his lawyers more time to research and present their appeals, rejected a number of Dailey’s new appeals in the past week. In his most recent opinion, published late Tuesday, Jung expressed skepticism of some of the key defense claims, noting that he took time to read the entire record of the 34-year-old case.

    “A thorough review shows the state’s trial case against James Dailey was not strong, but it was sufficient," Jung wrote.

    Dailey, 73, was convicted and sentenced to death for the murder of 14-year-old Shelly Boggio, whose nude body was found one morning in May 1985 in the Intracoastal Waterway in Indian Rocks Beach. She had been beaten, choked, stabbed 31 times and held under water until she drowned.

    One of the last people seen with the teen was Jack Pearcy, who was Dailey’s roommate. When questioned, Pearcy ultimately admitted participating in the killing, but also implicated Dailey.

    Pearcy is serving a life sentence for the crime.

    No physical evidence or eyewitness testimony linked Dailey to the murder. His conviction relied heavily on the use of jailhouse informants.

    One of them was Paul Skalnik, who testified that Dailey confessed to him while they were housed near each other in the Pinellas County Jail. Skalnik’s questionable history as an informant in numerous criminal cases was the subject of a lengthy investigative report published last week by ProPublica and the New York Times Magazine.

    The judge’s most recent order did not directly address concerns about Skalnik’s reliability. Jung did note that jailhouse informant testimony is often problematic and opined that prosecutors use such testimony too frequently.

    But in Dailey’s case, the judge noted testimony from two other jailhouse informants who worked in the prison law library and helped Dailey exchange notes with Pearcy. The text of the notes bolstered the informant testimony, the judge said, and supported the notion that Dailey and Pearcy were accomplices in the same crime.

    Jung was also critical of claims, touted by Dailey’s defense, that Pearcy has since claimed sole responsibility for the murder. Such claims are inaccurate, the judge wrote. He noted that Pearcy signed an affidavit to that effect, but later testified in court that statements in the document were inaccurate.

    The judge also pointed to a lengthy statement Pearcy gave in 1985 in which he offered a detailed description of the murder consistent with evidence at the crime scene.

    Gov. Ron DeSantis signed a death warrant in September, setting Dailey’s execution for Nov. 7.

    But on Oct. 23, Jung granted a stay to give Dailey’s newly appointed federal attorneys more time to research and present their claims.

    The judge’s recent orders leave no appeals pending in the local federal court. It is likely that Dailey’s legal team will launch a new appeal in the Atlanta-based U.S. Court of Appeals for the 11th Circuit.

    Josh Dubin, a member of Dailey’s defense team, said in a statement Wednesday that courts have repeatedly denied Dailey’s appeals on procedural grounds rather than judging them on their merits.

    “We are pleading with Gov. DeSantis to give James Dailey a clemency hearing and are hopeful that he will indeed give us that forum so that all of the facts surrounding the unreliability of Mr. Dailey’s conviction will be brought to light," the statement read.

    The stay of execution that Jung imposed in October remains in place until Dec. 30.

    https://www.tampabay.com/news/crime/...ailey-appeals/
    Last edited by NanduDas; 12-12-2019 at 01:40 PM. Reason: More thorough article

  5. #25
    Moderator Ryan's Avatar
    Join Date
    Oct 2013
    Location
    Newport, United Kingdom
    Posts
    2,454
    With Dailey's attorneys expected to file before the 11th Circuit in the New Year hence U.S. District Judge William Jung's stay of execution order until December 30, 2019. A Thursday February 27, 2020 execution date could be feasible when Gov. DeSantis could sign off a new death warrant.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  6. #26
    Senior Member Frequent Poster joe_con's Avatar
    Join Date
    Jul 2014
    Posts
    292
    Execute him December 30, 2019 when the order expires!

  7. #27
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    As James Dailey faces execution, co-defendant says, ‘I committed the crime alone.'

    In a new court filing, Dailey’s attorneys say Jack Pearcy has signed a declaration in the death of 14-year-old Shelly Boggio

    By Dan Sullivan
    Tampa Bay Times

    Lawyers for James Dailey, who could face execution as soon as next month, have made a new plea for a court to reconsider his case by claiming that another man is prepared to take sole blame for the crime.

    In a court paper filed Friday, Dailey’s defense says his co-defendant, Jack Pearcy, has signed a new declaration claiming responsibility for the 1985 murder of 14-year-old Shelly Boggio.

    “James Dailey had nothing to do with the murder of Shelly Boggio,” the document reads. “I committed the crime alone. James Dailey was back at the house when I drove Shelly Boggio to the place where I ultimately killed her.”

    The document bears Pearcy’s signature and the date of Dec. 18, 2019. It is similar to a previous affidavit filed in the case. But when called to testify in court about that document in 2018, Pearcy said some of it was not true and invoked his Fifth Amendment right against self-incrimination.

    The court paper filed Friday says attorney Joshua Dubin visited Pearcy in prison Dec. 18. After signing the affidavit, Pearcy expressed a willingness to testify at a new hearing. He also requested that his family members not attend the hearing, the document states.

    Dailey and Pearcy were convicted of Boggio’s murder in separate trials. Her nude body was found one morning in May 1985 in the Intracoastal Waterway, near the Walsingham Road Bridge in Indian Rocks Beach. She had been beaten, choked, stabbed 31 times and held under water until she drowned.

    Pearcy and Dailey were seen with Boggio the night before she was found dead. The men lived together with Pearcy’s girlfriend. When investigators questioned Pearcy, he implicated Dailey. But there was no physical evidence or eyewitness testimony linking Dailey to the crime.

    Pearcy was tried first and found guilty. Prosecutors sought the death penalty, but a jury recommended a life sentence.

    In Dailey’s case, the state relied on the testimony of three jailhouse informants, all of whom came forward shortly before the trial with claims that he had made incriminating statements. Defense lawyers have questioned the reliability of those informants. They include Paul Skalnik, whose prolific history as a jailhouse snitch was the subject of an investigative report published this month by ProPublica and the New York Times Magazine.

    Dailey, 73, has been on death row since 1987.

    Gov. Ron DeSantis signed Dailey’s death warrant in September. Dailey was 15 days away from execution in November when U.S. District Judge William Jung granted him a temporary stay of execution. The judge did so to give Dailey’s federal attorneys more time to research and present their claims.

    Since then, all of Dailey’s appeals have been turned down.

    In one of several orders in the federal case, Jung called the suggestion that Pearcy is a credible witness “a stretch.” He also wrote that Pearcy’s account of what occurred the night of the murder has changed “numerous times” through the years.

    Coincidentally, the day Pearcy is said to have signed the new affidavit, Dec. 18, was one week after the Tampa Bay Times received a reply to questions it had messaged to Pearcy in prison.

    But the reply to the Times on Dec. 11 contradicted the affidavit: “The answer to both your questions is Dailey killed Shelly by himself."

    In 2018, when Pearcy testified, he told the court that he had spoken with his family and prosecutors after signing that affidavit, Dailey’s attorneys note in their filing Friday.

    "I spoke with all my family,” Pearcy told the court at the time. "And they told me I needed to do what I thought was right and that I needed to not make a rash decision since my parole just got denied for seven years and think about what I was doing.”

    Dailey’s stay of execution will expire Monday.

    https://www.tampabay.com/news/florid...e-crime-alone/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #28
    Moderator Ryan's Avatar
    Join Date
    Oct 2013
    Location
    Newport, United Kingdom
    Posts
    2,454
    Dailey's stay of execution has expired from US District Judge William Jung's federal court order. An evidentiary hearing could be heard in January or February.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  9. #29
    Senior Member CnCP Legend Neil's Avatar
    Join Date
    Jan 2020
    Posts
    1,248
    What exactly is holding up Desantis on resetting a date for this guy? Desantis should’ve seen a stay for this guy coming Why didn’t he pick Rogers after Bowles was disposed of? Scott kept overlooking Rogers for eight years. It’s very likely that Desantis won’t sign a warrant for him. The victim’s mother even wrote a letter to him asking that Rogers be executed.

  10. #30
    Senior Member CnCP Legend Neil's Avatar
    Join Date
    Jan 2020
    Posts
    1,248
    A recent article I read, a hearing is scheduled in March as to whether his death sentence should stand. Desantis really picked a good one after Bowles was disposed of. He should’ve with gone with Rogers I know sound like a broken record. If not Rogers, he had the option of many others.
    Last edited by Neil; 01-24-2020 at 12:44 PM.

Page 3 of 11 FirstFirst 12345 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •