A 14-year-old girl named Shelly Boggio lost her life in a violent, brutal murder in 1985. Detectives say the young victim caught a ride from two men in May of 1985 in Pinellas County. The report says Boggio went to a bar with them that same night. The next morning, she was discovered stabbed more than 30 times and drowned.
Court documents show a man named Jack Pearcy has admitted to acting alone as the killer. He submitted an affidavit in court in 2017 saying “he alone is responsible.” But, Air Force Veteran James Dailey is on death row for the murder.
Pearcy and Dailey were both tried by a jury in separate trials and both were convicted of first-degree murder in 1987 for Boggio’s death. Dailey got death, but Pearcy was sentenced to life.
It wasn’t until after the trial that Pearcy admitted to being the lone killer. Dailey has maintained his innocence.
New evidence in court documents has sparked calls for Dailey’s exoneration. His new legal team, along with the Innocence Project of Florida, says his conviction was based on false testimony and that there is no evidence or eyewitnesses placing Dailey as the scene of the crime. Advocates insist the state is at risk of killing an innocent man.
However, the victim’s family ardently believes both men are guilty of murder.
Deacon Corky Hecht is the Director of Prison Ministry for the Diocese of Saint Augustine. He has gotten to know Dailey over the past few years as he counsels inmates on death row. He says he believes Dailey is innocent.
“Do you know what goes on the death certificate when a man gets executed as cause of death?” said Hecht. “Homicide. Homicide. The state has committed homicide by killing this person, guilty or innocent.”
On Nov. 7, 2019, that would’ve been the fate of Dailey in prison in Starke, Florida. He would have received a lethal injection, but he was granted a 90-day extension by a judge in the U.S. District Court for the Middle District of Florida, which was then confirmed by the Governor, to allow his new federal attorneys time to review the case.
Family and friends breathed a sigh of relief for the war veteran. Before prison, Dailey served four tours in Korea and Vietnam.
“To propose to be executed three days before Veteran’s Day, you know it’s our prayer that maybe that was one of the red flags that brought so much attention to his case,” said Hecht. “I’m proud to say I’m his friend, you know, I’m proud to say I’m his friend.”
Working with inmates on death row prohibits him from discussing the specifics of any case. The same rule applies for Dale Recinella, who is an attorney turned death row chaplain, and a world-renowned author on the death penalty.
He and Hecht will be speaking on Tuesday, November 19th for the Catholic Mobilizing Network at an event they're hosting about prison ministry and death row.
“How are we going to be at peace if we have killed an innocent man?” said Recinella. “I believe he’s innocent based on everything I’ve been able to experience and to read.”
Recinella has spent 21 years counseling on death row, so he knows Dailey personally.
“We’ve had 29 people exonerated on death row, in fact, the question is whether Jim Dailey is going to be our 100th execution since 1976 or our 30th exoneration since 1976,” he said.
Nearly 25% of Florida death row inmates have been exonerated due to wrongful convictions since 1976.
According to court records, Dailey’s attorneys claim prosecutors committed dozens of errors in the trial, including withholding evidence, presenting false testimony and erroneous jury instructions.
A major part of the original trial came from fellow inmates of Dailey, who testified that they overheard Dailey mumbling in passing about Boggio, allegedly saying "She would not shut up".
Dailey’s alleged confession is based solely on that testimony from jailhouse snitches who ultimately received “consideration in their own cases” after a detective met with more than a dozen inmates to implicate Dailey, according to his legal team.
Court records show other inmates had said Dailey denied any participation in Boggio’s death and maintained his innocence, but they were never asked to testify.
“Supreme court justices told us in a written opinion almost a decade ago if you have the death penalty you will execute innocent people because the criminal justice system makes mistakes, but don’t come to us to deal with it, you have to deal with it at the local level,” said Recinella.
He says that’s what they’re trying to do now, 'right the wrong'.
Bishop Felipe Estevez of the St Augustine Diocese visited Dailey just hours after a judge pushed back his execution date.
“He’s hopeful that those who support him would really say the truth about him,” said Bishop Estevez. “It was a very peaceful encounter, he was very serene, you could see a man without shame of guilt, a man at peace, with a lot of hope that he may be found innocent.”
Estevez joined the other Catholic Bishops across Florida to send a letter to Governor Ron DeSantis about Dailey's case shortly before his execution was stayed.
“While we urge you to stop every execution and end the use of the death penalty in Florida, this case of a veteran with evidence of innocence is especially alarming,” wrote the bishops.
Florida leads the nation in death row exonerations, or as the Bishops of Florida put it, “more mistakes than any other state in sentencing innocent people to death.”
“We need to be sensitive to the pain of the victim’s family, it is incredible pain, and we need solidarity with them. But we don’t think that killing anyone will bring the beloved back into life, so in a way, this does not solve that pain,” said Estevez.
The victim’s family disagrees. They believe Dailey’s execution will be justice served and they plan to travel to Starke, Florida to witness it.
First Coast News spoke with Andrea Boggio, who is the victim’s cousin, and one of her few surviving relatives. She now lives in Michigan and hasn't stepped foot back into Florida since the murder.
“An eye for an eye,” she said. “Him being a veteran has nothing to do with this crime, he committed it, he did it, he’s tormented us for 34 years, I can’t stress that enough.”
She says it’s a shame the majority of their other immediate family members could not live long enough to see justice in Boggio’s death.
“They passed away, so it’s up to us members who are left to do this for them.”
She says she believes the inmates who claimed they overheard Dailey confessing to the crime.
“It’s not something anyone should have to live through, it needs to end, we need justice, her life needed to matter, she was only 14,” she said.
As for Jack Pearcy’s confession as the lone killer, Boggio argues it’s all a game to him.
“I think that he’s trying to be some kind of Jonny badass in prison because he has life, he’s not getting out, he wants to claim the murder. I think they both did it,” she said.
The delay on Dailey’s execution will expire on Dec. 30. Boggio is counting down the days, hoping they don’t have to go through another appeal or another trial.
“It’s not fair that this guy keeps getting chances, he’s on death row for a reason.”
She says Shelly’s father Frank Boggio would have wanted them to keep fighting for justice.
“Frank would be proud of his children, proud of his family for seeing this through, he deserves it, they all deserve it, we deserve it.”
Dailey’s attorneys have until December 30th to make their appeals in court. They are trying to request a new trial so they can enter new evidence, including new witness testimony and Pearcy’s affidavit.
Boggio's only surviving sister sent First Coast News her thoughts about the case in writing. She wrote:
These are James Dailey's words 'I just lost it. No matter how many times I stabbed her, she would not shut up'. I think people should know that these are the words of a monster.
As her sister it is unbelievable that anyone would defend this monster. What if it was their sister, mother, daughter!!! The family was a loving family with a protective father, sisters that loved each other, and protected each other. Time has passed but I still feel the weight of Shelly's murder.
So much loss - father, sisters. So much pain because of James Dailey. Why does he get another day? He has been tried and convicted. He received the death penalty from two different juries. The Boggios left have been waiting. It is time for justice.
If Dailey's execution is carried out, this will be the 100th execution in Florida since the reinstatement of the death penalty in the 1970s and the third death warrant signed by Gov. DeSantis.