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'I committed the crime alone': Inmate claims man on death row is innocent of 1985 murder

Dailey was convicted for the murder of 14-year-old Shelly Boggio out of Pinellas County, Florida, but another man says he is the killer.

For 32 years, James Dailey has been on Florida’s death row for a crime he says he did not commit. The 73-year-old Vietnam veteran remains in the "death house" in Starke. He was granted a delay in his execution date when his newly appointed attorneys presented new evidence in October, but that delay expired on December 30th. 

Dailey’s life is in the hands of Florida Governor Ron DeSantis, who must decide whether to grant Dailey a Clemency Hearing so the newly released 100 pages of evidence can be reviewed, or to uphold his death sentence and assign an execution date.

Dailey was convicted for the murder of 14-year-old Shelly Boggio out of Pinellas County, Florida, but another man says he is the killer. 

Andrea Boggio, the cousin of murder victim Shelly Boggio, maintains her belief that Dailey is guilty, despite the confession of another inmate.

"Nobody forgot, nobody is going to forget, we are going to speak her love back into life, but it does feel like this man is going to be allowed to torment everybody," said Boggio. "It's not fair that this guy keeps getting chances. He’s on death row for a reason."

She says the new evidence does not change her mind and she does not believe anyone else but Dailey is guilty. 

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.

He elaborates in a statement:

"James Dailey had nothing to do with the murder of Shelly Boggio. 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."

Organizations like the Innocence Project, Floridians for Alternatives to the Death Penalty (or FADP) and Catholic Dioceses across the state have come out in support of Dailey.

Josh Dubin, an attorney for Dailey told the FADP, “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."

Dale Recinella, a former attorney turned death row chaplain, has been meeting with Dailey on death row for 21 years and is advocating for his innocence. 

"I believe he’s innocent based on everything I’ve been able to experience and to read," Recinella said. "How are we going to be at peace if we have killed an innocent man?"

Dailey’s supporters have requested the public send letters to the Governor to plead for a clemency hearing, and they say many have heeded that call.

Andrea Boggio says the new developments have only caused her family more pain.

“There is already so much loss," she said. "We are absolutely disgusted that this is still going on and we are just ashamed of the State of Florida. It's ridiculous.”

Meanwhile, Dailey continue to fight for his innocence from death row. On December 27th, he filed a public records request under Florida's Sunshine Law asking for "all records relating to any communications between Attorney General Ashley Moody" and other members of her office "to Jack Pearcy and members of his family" that in any referenced Dailey and/or Pearcy. 

On January 6th, Attorney General Ashley Moody fired back by filing an objection in court. In the objection, her office claims no such records exist, but they go on to object to the request altogether, writing, "the State would note that the requests are untimely and improper under Florida Rule of Criminal Procedure". 

The State asks the court to deny Dailey's request for public records, claiming it is "untimely" since Dailey is awaiting a death sentence on death row. The State goes on to say that "even if they existed" the records he requested are not relevant to the case. 

There is a status hearing on a successive state motion for post-conviction relief in the state trial court set for January 13th in the case.

The Attorney General's Office tells First Coast News since the "litigation is active and ongoing", they cannot issue any comments at this time.

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