More than three decades after Shelly Boggio, 14, was murdered in Pinellas County, Florida, the outcome of the case remains unpredictable.
James Dailey and Jack Pearcy were both convicted for the 1985 murder of Boggio, but while 73-year-old Dailey received the death penalty from his jury, Pearcy received life in prison from his jury.
Over time, Pearcy had admitted to the crime. Most recently, he signed an affidavit confessing that he acted alone when he killed Boggio and said Dailey wasn't present when the crime was committed.
Both men appeared in court Thursday morning for multiple motions regarding Pearcy's most recent confession. However, Pearcy refused to answer any questions during the hearing.
From the bench, Pinellas-Pasco Circuit Judge Pat Siracusa questioned Pearcy about his stubbornness.
"Mr. Pearcy, do you mind if I ask you a question?" said Siracusa.
"Go ahead," said Pearcy from the witness stand.
"You've given basically two different stories. One story you tell you're in the car with Mr. Daily. The other story you tell you attempt to exonerate him and you've given sworn testimony, or sworn statement, to that three times. Is it two or three?"
"It's two different times that they've brought me statements and I signed them."
"Okay, two or three, it doesn't matter I guess. You understand in the future that's not, that's not going to work, we're not going to be doing that anymore," said Siracusa. "I brought you here so you could tell your story and I've made sure everybody has treated you with respect the whole time."
Siracusa goes on to warn Pearcy that that was his last chance to share his story in court.
"Your mom is here in court. She wants to hear you tell the truth," said Siracusa. "This is your chance. Why can't we just get another two hours of your time here of testimony and we'll all be done with this and go our separate ways. Can we do that?"
"No sir," said Pearcy.
In September of 2019, Gov. Ron DeSantis signed a death warrant for Dailey, which immediately sparked controversy and brought more national attention to the case. Boggio's family has always advocated for Dailey to be put to death, while organizations across the country, like The Innocence Project and the Catholic Diocese of St. Augustine, have advocated for his innocence.
Dailey's execution was originally set for Nov. 7 at Florida State Prison in Starke. Following the outcry from the community, a Federal District Court Judge issued a temporary stay of execution that lifted on Dec. 30.
To this day, a new execution date has yet to be set.
Dailey has always maintained his innocence. His attorney Josh Dubin has been working with other advocacy groups to seek a clemency hearing to present Dailey's case.
Dailey's guilty verdict was largely based on the testimony from three jailhouse informants. No physical, forensic or eyewitness evidence has ever connected to Dailey to the crime.
During Thursday's court hearing, Dailey's team asked for "production of additional public records" related to Pearcy's apparent confession, according to Dubin Those records include December 2019 phone calls Pearcy had with his mother following news reports about his signed declaration.
On Dec. 18, 2019, Dubin visited Pearcy at Sumter Correctional Institution where Pearcy signed a declaration admitting that he alone killed Boggio.
However, now Pearcy insists he is actually innocent and blames his previous alleged confessions on just trying to keep Dailey from being executed.
The judge dismissed Pearcy from the court Thursday after he maintained his defiance and refused to comment.
On May 1 a judge will make a ruling on whether Pearcy’s previous confession will stand as new evidence. If it does, then Dubin will use that confession along with other new evidence never used in Dailey’s case in the past to advocate for a new trial.
Meanwhile, the victim’s family members believe both men are guilty and are hoping the new trial is not granted
Both sides will have to await the decision by the court over the new few months.