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Co-defendant fails to clear Dailey of murder
Briona Arradondo reports
LARGO, Fla. - Attorneys for death row inmate James Dailey hoped another inmate’s testimony would help clear the convicted murderer’s name Thursday, but they ran into a roadblock.
James Dailey’s co-defendant, Jack Pearcy was expected to testify about a letter he wrote confessing to the crime, but he remained silent once he took the stand before a Pinellas County judge.
Dailey is convicted of murdering 14-year-old Shelly Boggio on May 6, 1985, and dumping her body near Indian Rocks Beach. Thirty-five years later, Dailey’s attorneys want a new trial, saying Pearcy’s confession letter and phone calls tell a different story.
Shelly Boggio
“Your honor, Jack Pearcy and Jack Pearcy alone committed this awful crime,” said Josh Dubin, Dailey’s defense attorney.
Pearcy is currently serving a life sentence for Shelly’s murder. Documents show Pearcy repeatedly confessed to the crime. But when he was called into the courtroom in an effort to clear Dailey’s name, Pearcy took the chance to try to clear his own name and said little about Dailey.
“I've done 35 years for a crime I didn't commit and I don't plan on testifying against somebody else to help the state kill them,” Pearcy told the judge, refusing to testify in court.
Prosecutors said everything that needed to be said about Dailey is already on the record.
“There's nothing new about any of the evidence. The phone records are not new. The other thing that is new maybe is the twist that defense counsel is putting on the evidence,” said prosecutor Glenn Martin with the state attorney's office.
Pearcy’s silence is another avenue closed for Dailey’s defense. He was originally convicted on a circumstantial case, admitting he was with Shelly that night. He was also seen with wet pants, leaving the area afterward.
“If the question is: Does it end there? No, I will not stop fighting,” said Dubin after the court proceedings ended.
But after three decades, Shelly’s family said they’ve had enough.
“It needs to come to an end. We're tired of hurting. We're tired of going through this time after time again,” said Kalli Boggio, the victim’s sister.
The judge will make a decision on whether there will be a new trial on May 1. As for Dailey’s execution, Gov. DeSantis has control over when that happens and hasn’t set a date.