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Thread: James Milton Dailey - Florida Death Row

  1. #41
    Senior Member CnCP Legend Mike's Avatar
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    Again the people who use the I am X so I'm against X is a crutch to avoid an issue. DeWhine is just making excuses for not doing his job. He was the AG for years, he didn't have an issue with Benedict crying then.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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    Moderator Bobsicles's Avatar
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    Dailey is scheduled for an evidentiary hearing March 5

    https://twitter.com/rdunhamdpic/stat...521027074?s=21
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    Death row inmate's fight for his life shines light on use of jailhouse informants

    James Dailey was sentenced to die in August 1987 for his role in a brutal 1985 killing

    James Dailey is staring death in the face.

    Unless something drastic changes, it’s likely just a matter of when.

    Dailey was sentenced to die in August 1987 for the brutal stabbing and drowning of a 14-year-old girl, Shelly Boggio -- a horrific crime that stunned the nation. Both he and his roommate, Jack Pearcy, were found guilty of the murder. Pearcy received life in prison but Dailey got death.

    For more than three decades, he has sat on death row in Florida, all while proclaiming his innocence.

    Time is now running out and Dailey, a 73-year-old Vietnam War veteran, is making a last-ditch effort to avoid execution.

    The entire case, and Dailey's life in fact, hang in large part on the word of Paul Skalnik, a 70-year-old former Texas police officer and a conman, who made a career out of being a jailhouse informant and whom ABC News found living in a Texas nursing home.

    Ultimately, the world may never know if Dailey is an innocent man, as he claims, even after Pearcy changed his story and confessed to being Boggio's sole killer in a 2017 affidavit (that affidavit was later deemed inadmissible after Pearcy refused to answer questions about it on the stand and testified that its contents were false).

    "I'm not afraid to die," Dailey told ABC News in an exclusive interview from death row. "What I'm afraid of is spending the rest of my life in prison for a crime I didn't commit, not being able to clear my name for my kids and my grandkids and my great-grandkids."

    Dailey's case highlights the controversial use of jailhouse informants in criminal cases and the expectation of leniency from law enforcement and prosecutors for their information and testimony, which critics say creates an incentive to lie.

    To that point, according to the National Registry of Exonerations, -- a joint project from the University of California Irvine, the University of Michigan Law School and Michigan State University College of Law -- nearly 200 people had their convictions overturned since 1968 in cases where a jailhouse informant was used at trial, including 27 who were sentenced to death.

    There is also the issue of disclosure: whether and prosecutors and other law enforcement officials are forthcoming in court about promises made to informants.

    While the Supreme Court has ruled that prosecutors have a constitutional obligation to disclose information that could potentially benefit the defense, advocates say this does not go far enough in specifying what type of information has to be disclosed.

    And while a number of states have made attempts to address the issue of jailhouse informants by creating programs that monitor their use, some experts say these measures don’t go far enough.

    A chilling murder

    Robert Heyman, one of the prosecutors in Dailey's murder trial, told ABC News in an interview that he remembers Boggio's case vividly.

    Boggio was a 14-year-old who was hitchhiking with her twin sister and a friend near St. Petersburg in May 1985 when they were picked up by Dailey and Pearcy.

    Boggio and Pearcy left together.

    Witnesses said that Boggio was alone with Pearcy for a period of time, but the prosecution argued that Dailey rejoined the couple later that night and was the one who held the young girl’s head under water, drowning her.

    The girl’s body was found with 31 stab wounds in the Florida's Intracoastal Waterway.

    Pearcy was convicted of Boggio's murder in 1986 and a jury put him behind bars for life.

    The following year, Dailey was also tried on first-degree murder charges. Unlike his roommate, he was sentenced to death.

    Heyman maintained that Dailey was the most culpable and "decided to wade out there, waist deep, and hold her under the water until she drowned," he said. "I think it was powerful at the guilt phase, and it was powerful when the jury decided whether or not Dailey should get death."

    But advocates point to a lack of physical evidence that implicates Dailey.

    Heyman conceded in the same interview that there "was nothing that was found on her (Boggio) that could link her to either Dailey or Pearcy" and "the weapon, the--the knife was never found."

    Specifically, there was no physical evidence to connect Dailey to the more than two dozen stab wounds Boggio sustained. Instead, prosecutors hinged their case on testimony from a friend who saw Dailey the night of the murder returning home wearing wet pants, Pearcy's statement after his arrest that Dailey killed the girl and the word of three jailhouse informants.

    Dailey, who was 38 at the time of Boggio's death, has always maintained his innocence.

    181 overturned cases

    The use of jailhouse informants has been a subject of heated debate for years.

    For instance, in Orange County, California, claims by public defender Scott Sanders sparked a years-long investigation by state prosecutors after Sanders argued that jailhouse informants had improperly obtained statements from his clients awaiting trial. He also claimed that Orange County prosecutors had withheld information about these informants that could have helped exonerate his clients.

    Last year, the California attorney general -- which investigated the alleged misconduct with jailhouse informants -- announced they were dropping the investigation.

    However, the U.S. Department of Justice and the Orange County District Attorney Todd Spitzer have ongoing investigations into the alleged misuse of jailhouse informants and are focusing on some previous prosecutions within the office, according to the Orange County Register.

    Since Spitzer was sworn in, in January 2019, no jailhouse informants have been used for any criminal trials and a policy was implemented where he has to personally approve the usage of any jailhouse informant, Kimberly Edds, spokeswoman for the Orange County DA’s office, told ABC News.

    Experts say that the potential offer of leniency combined with the prospect of continued confinement creates a potent incentive for informants not to be truthful.

    "Anytime there is a jailhouse snitch in a case, anyone with a shred of common sense can see that this is someone who is looking for something -- whatever that may be -- in exchange for cooperating," said Mark Bederow, a defense attorney who is currently appealing a 2003 murder case in New York against his client John Giuca, which was tied to the testimony of a jailhouse informant who later recanted.

    "Informants don't do this out of the goodness of their heart and prosecutors have to deal with this [off] the bat," said Bederow.“The problem is you have to rely on the prosecutor to disclose the benefits [that the witness received]...If a prosecutor wants to rely on a snitch and is forthright with the information to let the defense expose that to the jury, it will give the jury the opportunity to weigh the case and have a fair evaluation."

    In Dailey's case, there was increased pressure to win a death penalty conviction after prosecutors failed to secure the death penalty for Pearcy, according to Dailey's 2018 appeal.

    "My sense is that the prosecutor took that as a political loss," said Robert Dunham, the executive director of the Death Penalty Information Center. "The only other person they had as a potential suspect was James Dailey and there was evidence that connected him to Pearcy."

    "They were roommates and was with him later on the night of the murder," Dunham added.

    'Worst type of informant'

    John Halliday, the lead detective on the case, went to the jail Dailey was housed in after Pearcy’s sentencing and began interviewing numerous inmates looking for a potential informant, according to court documents.

    No one at that point said they had information about Dailey’s case, but his 2018 appeal states that days later, three other inmates came forward claiming that Dailey had spoken to each of them about the murder.

    The testimony of these jailhouse informants "became the linchpin of the State’s case, even though none of their statements possessed any independent indicia of reliability," according to the document.

    Skalnik's life as an informant started in Texas shortly after he was forced to quit the Austin Police Department in the 1970s for allegedly cashing bad checks, according to The New York Times Magazine and ProPublica, which partnered for an ongoing investigation on jailhouse informants.

    Throughout Skalnik’s adult life, he has been in and out of jail on numerous charges and became a jailhouse informant for 18 murder cases where four of the defendants were sentenced to death -- including Dailey, according to The New York Times/ProPublica.

    Dailey’s appeal blasted star witness Skalnik as a career conman who was convicted of “at least twenty-five crimes of dishonesty,” gave false statements about corrections officers to have them removed from the jail wings where he was serving and lied on the stand about his violent criminal history at Dailey’s trial.

    At the time Dailey was booked for Boggio’s murder, Skalnik was in Pinellas County Jail, the county where Boggio was murdered, on grand theft charges. Skalnik alleges Dailey first asked him for legal advice and then confided in him about the murder. It was a pattern that became a hallmark of how Skalnik claimed he received information, according to The New York Times/ProPublica.

    Skalnik testified that Dailey confessed as Skalnik was passing by his cell on the way to recreation. "That Mr. Pearcy had actually held the young girl under," Skalnik testified. "Under, I did not know what 'under' was but he said the young girl kept staring at him, screaming and would not die. And he stabbed her and threw the knife away."

    Dailey insists he never confessed to Skalnik.

    “Everybody in jail knew he was a-- world's biggest snitch, you know? They knew he was an ex-police officer. I mean even the officers in the county jail told us not to talk to him, you know?” Dailey told ABC News.

    "Skalnik’s behavior while incarcerated precisely mirrored his behavior when not incarcerated: he was willing to say anything, regardless of the truth of the matter, and regardless of whom it might harm, if he believed that doing so would benefit him," Dailey’s legal team wrote in his appeal.

    Prosecutors argued in their response to Dailey’s 2018 appeal that Skalnik willingly contacted authorities, did not receive a deal for his testimony and that the court had already rejected Dailey’s claim that Skalnik provided false information.

    "You should never rely solely on the uncorroborated testimony of a jailhouse informant," said Dunham.

    Dunham said that jailhouse informants are more attracted to high-profile cases such as Boggio's because they think they can reap a greater benefit from prosecutors and law enforcement for their cooperation.

    "Skalnik, he was the worst type of informant, a serial snitch...yet he has somehow managed to come up with 37 confessions in murder and other felony cases. Eight cases where a defendant was charged with first-degree murder and four end up on death row," said Dunham. "The likelihood of that really happening is so remote, its laughable."

    Skalnik has never been charged with perjury and told ABC News in a phone interview from his nursing home bed in Texas that he was truthful and has no regrets.

    At the time of Dailey's case, Skalnik was facing the possibility of up to 20 years in prison if convicted of grand theft. Heyman said that he did not have a deal with Skalnik if he testified at the Dailey trial. However, five days after Dailey was sentenced to death, Skalnik was released from jail on parole despite a stern warning from his parole officer a year earlier that he was a flight risk, according to The New York Times/ProPublica.

    He would go on to serve time for additional offenses, including 10 years in prison for the sexual assault of a child.

    Policy changes

    Connecticut, Illinois and Texas have made efforts to implement policies to monitor the use of jailhouse informants, like keeping a log of every informant's testimony and turning over disciplinary and visitor records among other documentation.

    "If a prosecutor has a problem with disclosing any information, the question should be what's the prosecution trying to hide, transparency benefits the prosecution," said Dunham.

    Another proposed action by Dunham is to tell the defense and the jury what expectations or plea bargains were made in exchange for the informant's testimony.

    Duffie Stone, the president of the National District Attorneys Association (NDAA), said some of the suggested policies are "not necessary" since they are supposed to be a part of a prosecutor's "ethical obligation."

    The Innocence Project has ongoing petitions in Colorado, Kansas, Maryland, Massachusetts and Oklahoma to reform policies on the use of jailhouse informants.

    Texas is one example of a state passing reforms regarding government informants. In June 2017, the state passed legislation where prosecutors must keep a comprehensive record of the inmate -- previous cases in which they’ve testified and any benefit they received, along with a complete arrest record -- and to turn over that information to the defense, according to The Dallas Morning News.

    Texas has had 366 wrongful convictions, according to the National Registry of Exonerations. Of those, 13 had a jailhouse informant involved with their case and three inmates were sentenced to death.

    In Connecticut, Gov. Ned Lamont signed a wide-ranging bill in July 2019 that has created the nation’s first statewide system to track the use of jailhouse informants, including any benefits offered in exchange for their testimony, the Associated Press reported.

    In November 2018, Illinois lawmakers amended a law to now require judges to conduct a pre-trial hearing for all cases involving jailhouse informants in order to assess the reliability of their testimony. This policy had been in effect only for death penalty cases, which were then banned in the state in 2011.

    "The states that are trying to implement rules to have hearings to seek reliability of an informant are in the right path, but the real issue is having all the information about the witness in front of the jury," said Bederow.

    Dailey awaiting justice

    Dailey breathed a sigh of relief in October 2019 when a federal judge temporarily tossed his Nov. 7, 2019 execution date in order for his newly assigned attorneys to research and file a motion to vacate his conviction and death sentence.

    His appellate attorney, Josh Dubin, filed a motion on Jan. 21 seeking to vacate the conviction alleging a Brady violation -- failing to disclose evidence that's favorable to the defense or can discredit a witness.

    "Skalnik had everything to gain," Dubin told ABC News. "And absolutely nothing to lose. He had pending charges against him. He got up on that witness stand, um, and he lied..."

    According to Dubin’s motion, Skalnik "perjured" himself about his criminal history on the stand.

    The New York Times/ProPublica investigation points out that Skalnik had been charged with “lewd and lascivious conduct on a child under 14” in 1982, but four months later, prosecutors agreed to drop the charge in a plea deal in exchange for Skalnik’s pleading guilty to grand theft.

    Skalnik, according to Dailey's latest motion, lied when questioned by Dailey’s defense attorney, saying he had never faced charges of physical violence. In Florida, the “lewd and lascivious assault on a child under 14” is considered physical violence.

    "The State knew, at the time of Mr. Dailey’s trial, that Skalnik had perjured himself before the jury. Mr. Heyman was apparently prepared to ask Halliday about Skalnik’s prior sexual assault charge, but, after Skalnik’s false testimony regarding his criminal history, Mr. Heyman did not. The State permitted Skalnik’s false testimony about his criminal history to stand uncorrected," according to this motion.

    The 1987 trial transcripts do not indicate that the prosecutors corrected the record or entered a stipulation for the jury to consider that charge on Skalnik's criminal history during deliberations.

    "We knew he'd had -- a history of a sexual assault allegation," Heyman said to ABC News. Heyman later acknowledged to ABC News that he never mentioned Skalnik’s sexual assault charge to the jurors, saying that it would only have been his responsibility to alert the jury had there been a conviction for sexual assault.

    At a court hearing on on Feb. 20, Circuit Judge Pat Siracusa granted the defense’s request for an evidentiary hearing at which Pearcy will be called to testify. That hearing is scheduled for March 5.

    A new execution date has not been set for Dailey.

    https://abcnews.go.com/US/death-row-...ry?id=68357003
    "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

  4. #44
    Moderator Ryan's Avatar
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    "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

  5. #45
    Administrator Helen's Avatar
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    Dailey's co-defendant Pearcy has lost all credibility.

    In Pinellas death case, co-defendant retracts confession. Again.

    By Dan Sullivan
    Tampa Bay Times

    In the case of James Dailey, who faces execution for a 1985 Pinellas County murder, the defense hitched its hopes for a reprieve to Jack Pearcy, his co-defendant serving a life sentence.

    Pearcy signed a declaration in December that said Dailey had nothing to do with the murder of 14-year-old Shelly Boggio — and that Pearcy alone committed the crime.

    Both men are set to appear at a court hearing Thursday. But now comes a new complication: Pearcy has recanted his apparent confession.

    In a three-hour deposition last week at the state prison where he resides, Pearcy said the truth is what he told investigators back in June 1985: that Dailey killed Boggio.

    He professed his own innocence, accused the original investigators of lying and claimed his previous confessions were an effort to keep Dailey’s case going.

    "I didn’t want to see him get killed,” Pearcy said. “One person was already dead because of the crime. I didn’t want to see that happen. I wasn’t happy with him, but I still didn’t want the state to kill him.”

    A transcript of Pearcy’s testimony was filed in court last week. In it, Pearcy said he will refuse to testify at the upcoming hearing.

    In subsequent court documents, Dailey’s defense suggested that the state interfered with Pearcy’s testimony.

    At the beginning of the deposition, a prosecutor warned Pearcy that he could be charged with perjury if he made inconsistent statements.

    “They are purposely trying to block the truth from coming out,” said Dailey’s lead defense attorney, Josh Dubin.

    The defense has asked a judge to order the state not to interfere with Pearcy’s testimony. They’ve also asked for public records of any communications the state has had with Pearcy’s mother, whom prosecutors have listed as a witness.

    In separate trials, Dailey and Pearcy were both found guilty of Boggio’s murder. A bridge tender spotted the girl’s body one morning in May 1985 floating in the Intracoastal Waterway in Indian Rocks Beach. She had been beaten, choked, stabbed more than 30 times and ultimately drowned.

    The two men were among the last people seen with her the night before. Evidence suggested the motive was sexual.

    When Pearcy was later arrested in his native Kansas, he implicated Dailey. He later gave a vivid description of the crime to prosecutors and detectives, but claimed it was Dailey who did the stabbing.

    Neither man testified against the other. But while Pearcy was given a life sentence, a jury unanimously recommended death for Dailey.

    Pearcy’s story has changed repeatedly over the years. In 1993, he told Dailey’s defense that his original account was made up, an effort to shift the blame away from himself.

    Five years later, he wrote a letter to Boggio’s twin sister and stuck to the story that Dailey stabbed her.

    “When I saw what Dailey had done, I just got violently sick," he wrote. “I’ve wished I’d killed him so many times, I wouldn’t be upset at being here if I had.”

    Other prisoners have claimed that Pearcy told them Dailey wasn’t involved. In 2017, Pearcy signed the first of two statements saying Dailey wasn’t there that night. But when called to testify, he invoked the Fifth Amendment.

    Dailey has maintained that he was home in his bedroom when the murder occurred.

    Gov. Ron DeSantis signed Dailey’s death warrant in September, setting his execution for November. A federal judge in October granted a temporary stay of execution. That expired Dec. 30.

    Since then, no new execution date has been set.

    In the recent deposition, Pearcy denied having anything to do with the stabbing. He denied ever telling investigators that he had nightmares in which he saw his own face on a man who was stabbing a young girl.

    He said that Dailey’s attorneys typed out the previous two statements he signed. He signed them, he said, so Dailey’s lawyers would keep investigating the case. His hope, he said, was that they might discover new evidence that he could then use to launch a new appeal for himself.

    “I had no advocacy,” he said. “He had numerous people ... attorneys digging into everything and investigators and stuff. So I did that to keep him alive because if the state killed James Dailey, then it all goes away. Then I have ... no hope whatsoever.”

    https://www.msn.com/en-us/news/crime...in/ar-BB10Glhm
    "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.”
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  6. #46
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Now governor DeSantis has no excuse whatsoever to not sign a death warrant for Dailey as soon as possible and put an end to all this buffoonery.

  7. #47
    Administrator Aaron's Avatar
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    Pearcy is a damn schizo at this point. If he flip flops this much he should be paid no heed. The presumption of innocence has long vanished for Dailey. The scale militates heavily against delaying a new warrant.
    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

  8. #48
    Senior Member CnCP Legend Neil's Avatar
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    Desantis is a bust anyway. He’s pathetic.
    Last edited by Neil; 03-03-2020 at 04:08 PM.

  9. #49
    Administrator Helen's Avatar
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    Quote Originally Posted by Aaron View Post
    Pearcy is a damn schizo at this point. If he flip flops this much he should be paid no heed. The presumption of innocence has long vanished for Dailey. The scale militates heavily against delaying a new warrant.
    Even if it was Pearcy that did the stabbing it doesn't really matter because they were both involved and in a just world both these creeps would have gone to death row.
    "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

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    Administrator Helen's Avatar
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    Dailey’s co-defendant refuses to testify in Pinellas death penalty case

    James Dailey, who faces execution for the 1985 murder of a Pinellas teen, hoped Jack Pearcy’s testimony might exonerate him. But in court Thursday, Pearcy would answer no questions.

    The man James Dailey hoped might spare him from execution stood before a judge Thursday morning and calmly refused to testify.

    Jack Pearcy, who also was convicted in the 1985 murder of 14-year-old Shelly Boggio but is serving a life sentence, would not answer any questions, even as his parents and a judge tried to cajole him.

    “I can’t help bring Shelly back or the pain her family has already suffered,” Pearcy said.

    He had been asked to testify about a written declaration he signed in December in which he took sole credit for the crime.

    “James Dailey had nothing to do with the murder of Shelly Boggio,” the document reads. “I committed the crime alone."

    But in a deposition in state prison last week, Pearcy retracted the apparent confession. He professed his own innocence, decried the work of prosecutors and law enforcement and asserted that Dailey killed Boggio.

    In court Thursday, a defense attorney suggested that Pearcy’s mother may have told him not to testify or take credit for the murder. He pointed to a series of recorded prison phone calls she made to her son in the weeks since he signed the declaration.

    Sally Simon, a slight woman with white hair, told the judge she called her son after seeing news stories about his confession.

    “Naturally when I saw it in the paper without hearing it from Jack first, I was upset,” she said. She didn’t say she’d told him not to testify. She said she told him to tell the truth.

    Pearcy, short and bearded, with tattooed arms and a thick head of bushy brown hair, strode past a bank of TV cameras as he entered the cavernous courtroom. He glanced toward a defense table.

    Dailey, 73, sat in an orange death row shirt amid a row of lawyers. Through thick glasses, he locked eyes with his co-defendant.

    Pinellas-Pasco Circuit Judge Pat Siracusa stood from the bench and addressed Pearcy at length.

    “I’m not here to pass judgement on you in any way, sir,” the judge said. "I’m not going to treat you like an idiot or pretend there’s any way I can threaten you into testifying. ... Today is your day to set the record straight.”

    Pearcy, 64, nodded a few times, but he still refused to answer questions. Instead, he pointed to the deposition he gave a week ago.

    “I answered every question,” he said. “I said I didn’t kill Shelly ... Testifying is not going to change my situation in any way whatsoever.”

    He was taken back to a holding area while the attorneys and the judge discussed what to do.

    Dailey’s defense lawyers noted that Pearcy did not want to make the journey from prison and did not want to be held in county jail. They suggested the judge hold him in contempt and order him to stay in jail for 30 days.
    Prosecutors objected.

    “We want this over today,” said Assistant State Attorney Sara Macks. “Enough is enough. The state’s position is we have today and it’s done.”

    Ultimately, Pearcy’s mother and stepfather were allowed to visit with him privately. They tried to persuade him, they said. Afterward, he returned to the courtroom. He stepped up to the witness stand and swore to tell the truth.

    But as Dailey’s defense attorney Josh Dubin asked about their meeting in December, Pearcy just stared. He stayed silent.

    The judge tried again. He asked Pearcy if he felt a responsibility to follow the laws of the state of Florida.

    “Yes,” he said. But he still refused questions.

    “I’ve done 35 years for a crime I didn’t commit," he said. "And I don’t plan on testifying against anybody else to help the state kill them.”

    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 ultimately drowned.

    Thursday, with Pearcy out, Dailey’s defense asked the judge to consider his 145-page deposition as testimony.

    Dubin argued that Pearcy’s statements in the deposition show that he was alone with Boggio during the 2-hour time period when she was killed. The judge seemed skeptical.

    The defense also asked to review recordings of 12 other phone calls between Pearcy and his mother, a request the judge granted.

    Siracusa set a deadline of April 16 for both sides to present written arguments. He will issue a ruling on whether there should be further proceedings by May 1.

    During a lull in the hearing, Dailey appeared to weep, dabbing at his eyes with a tissue.

    Gov. Ron DeSantis signed his death warrant in September, setting an execution date for November. But in October, a federal judge granted Dailey a temporary stay of execution to give his attorneys more time to research the case and argue their claims.

    Since then, all of Dailey’s appeals have been rejected. No new execution date has been set.

    Several relatives from Boggio’s family attended the hearing. At the end, her sister, Kalli Boggio, addressed the judge.

    “Our family has been through enough,” she said. “It needs to come to an end.”

    “I’m working on it,” the judge said.

    (source: Tampa Bay Times)
    "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

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