PINELLAS COUNTY, Fla. — James Dailey, 73, has been on death row in Florida for decades.
He and Jack Pearcy were convicted for the 1985 murder of 14-year-old Shelly Boggio in Pinellas County. But, Dailey was the only one sentenced to death.
They both appeared in court Thursday morning for several motions regarding Pearcy's alleged confession to the murder. Pearcy refused to answer any questions during the hearing.
Gov. Ron DeSantis signed a death warrant for Dailey in September. The execution was originally set for Nov. 7 at Florida State Prison. However, a Federal District Court Judge issued a temporary stay of execution that lifted on Dec. 30.
A new execution date has yet to be set.
Since his conviction, Dailey and his attorneys have been fighting to prove his alleged innocence. Attorney Josh Dubin and other advocates with the Innocence Project have been seeking a clemency hearing to present Dailey's case.
Dailey was largely convicted on testimony from three jailhouse informants who claimed he shared graphic details on the murder. Law enforcement never found any physical, forensic or eyewitness evidence connecting Dailey to Boggio's murder.
That's why Pearcy's testimony could be important to Dailey's case.
During Thursday's court hearing, Dailey's team asked for "production of additional public records" related to Pearcy's apparent confession.
Those records include December 2019 phone calls Pearcy had with his mother following news reports about his signed declaration.
On Dec. 18, 2019, attorney Joshua Dubin visited Pearcy at Sumter Correctional Institution. According to court documents, Pearcy signed a declaration saying that he alone killed Boggio and "that James Dailey was not involved in any way."
However, in a deposition last week, Pearcy said what he told detectives 35 years ago is actually the truth -- that Dailey killed Boggio.
Pearcy claimed his innocence and said his previous alleged confessions were to keep Dailey's case going and prevent him from being executed.
In the transcript, filed in court last week, Pearcy also said he wouldn't testify in the court hearing. When he was put on the witness stand and asked questions, he again said he wouldn't talk.
The judge then dismissed Pearcy from the court.
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