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The evidence that they had was the word of a fraud. They said james daily had said, she wouldnt die, she wouldnt die, she wouldnt shut up. Do we believe that . Attorneys say hes on death row because of this man, an infamous jailhouse snitch who claimed james daily confessed to him. Not only are they taking the word of a con man youre taking the word of a child molester and yet you put him on the stand. Were you scared of him . Very. I was terrified. Hold on. Let me put you on speaker. He says youre the reason hes on death row. He says the reason hes on death row is because you lied. Ive never been here because im so scared of it. It was over here . This is where she went to heaven. And the reason i came down is because i feel like everybodys sitting in purgatory, waiting for this to get justice. I believe that. And thats why i brought holy water down to put in the water. Are you guys going to be offended if i goat on my knees . Not at all. Okay, because this is how i feel about it. I hope she feels free now. How could somebody kill a little girl and just leave them in the water . What drives somebody to do that . The devil. An evil, evil person. She put up a fight to end all fights. Fighting them off her as hard as she could. She had over 30 stab wounds. Many, many defensive wounds. Her hands were up like this, probably saying stop, stop, stop. Hes coming in with the knife, and it goes right through. It was just her. And she fought back. Thats why she was stabbed so many times. She was trying to live. And you just think about that girl all alone. I think about this a lot. What was she feeling . How scared was she . She was screaming. She was probably wanting her dad. She was probably wanting to go home. She was probably thinking, this cannot be happening to me. They didnt stop until it was over. They didnt stop. They didnt care. She was dragged into the water, and she was held down until she drowned. She was in the water all night long. By herself. Dead. Indian rocks beach, its a very small, little community, right on the intercoastal waterways, not heavily populated. Sleepy town. Lovely area, i might say. Lovely area. It was everything that you would think florida should be. We had the palm trees. We had the sun. Beautiful weather all year round, and the beaches were phenomenal. White, sandy beaches. A lot of tourists. And a lot of transplants. People just looking for a change in life. Running away from something or running to something. I mean, thats florida. Well, a bridge tender actually discovered the body in the water. Theres a bridgetender house on the bridge. And theres a bridge tender that sits up there all the time to open the drawbridge when boats want to pass through the intercostal waterway. So what happened was the bridge tender reported to duty, and he got up to the top of the bridge. He looked over the side of the bridge and saw something in the water. Down by the shoreline. But he wasnt quite sure what it was. And went down and investigated, and sure enough, it was a body. He was so upset because it was a young body. She was found floating naked. This is a secluded area, a beachy area where i guess people go parking and that kind of thing. You know, like a lovers lane kind of thing. Its right near the bridge and theres nothing else there. And thats how it was discovered. And he called the police. The police department, they have no idea. Young girl, brutally murdered. Ive covered a lot of murder. And generally, police and prosecutors are really happy to talk about the cases theyve solved. But not this one. But one of the few people who is willing to talk with us about this case is a former prosecutor named Robert Heyman. This murder happens. How big of a deal was it here in Pinellas County . You know in my career, i handled dozens of firstdegree murders. This was probably really without a doubt the most brutal one that i had seen and handled personally. A murder these days is kind of commonplace. I mean, it doesnt get a lot of attention. But back then, murders werent all that common in Pinellas County. It received a lot of publicity and a lot of interest. Both from the press and the public. That type of viciousness, that type of brutality would keep any detective, any Police Prosecutor up at night. She had no i. D. So they didnt know who this girl was. Here are some of the newspaper clippings. It says, police are still seeking identity of murdered woman. Another one from the Tampa Bay Times the murdered woman floating nude in the intercostal waterway monday morning still has not been identified. She was in her late teens or early 20s. 57, weighed about 120 pounds, and had 00 brown hair and green eyes. She was wearing a small silver ring. A small silver ring with a turquoise stone. Turquoise stone in the shape of an eagle. In the shape of an eagle. This case begins with a mystery who is this young woman in the water . That is soon going to be solved, but the next question is, who did it . Now some people say we still dont have the right answer to that even now, 35 years later. And at this moment, another life is on the line. Can we stop . Its mcdonalds. Please oh cmon, its right there. No. Were both so yes thank you, youre my favorite roommate. Its on the mcdonalds 123 dollar menu. Get your faves for a few bucks like anysize soft drink for just a dollar. Average ranch dressing has about 130 calories per serving. Healthy choice power dressings are made with veggies, herbs, spices, and less oil. Delicious top one healthy choice with another. Goldwe believe intriana good we can all afford. Sing it, yeah, yeah from a lighter load on the planet. All gold to e to shoes with a lighter footprint. Yeah, good to me fisherman vo ce how do i register to vote . Ential election. Hmm . Hmm . 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Early that morning. It takes nearly 48 hours but the victim is eventually identified. The naked girl stabbed, strangled and drowned in the intercoastal waterway finally has a name. Her name is Shelly Boggio. Shes just 14 years old. She was identified by a turquoise ring and a scar on her belly. And i just remember thinking, this is, like, the last ring that she will have. She will never have that special ring from a boyfriend or, you know, a wedding band. And my mother called me and said that i had to get home right away, that thered been a murder in the family. And i just remember shaking. Thats it. Shaking. The boggio family is your average midwestern family. Frank boggio and sherry boggio, they were both beauticians in battle creek. And they divorced. The husband brings the three daughters down to florida. Frank moved the three girls and himself to Pinellas County, ironically for, quote unquote, a better life. Shelly was very kind, very sweet. She was actually very soft spoken. Shelly could also make everybody in a room laugh, and that was a problem in school sometimes. Shelly was a 14yearold clearly going on 30 in many ways. Now, this is the most beautiful time of year in florida, and as sunday turns to night on may 5, 1985, Shelly Boggio has no way of knowing that this is going to be her last florida sunset. Shes about to come across two men, jack pearcy and his friend, who youre about to meet. His name is james dailey, and back then he was known as jim or jimmy d. Let me fix your shot here. Okay. Roll any way. Thanks for coming to see me. Yeah, sure. Its a long walk down that hallway, huh . About a quarter of a mile. I meet james dailey 35 years later on floridas death row. Hes there for the murder of Shelly Boggio. Do you get many visitors . Mary kay, my exwife. She tries to make it up every week. Dailey is in pretty good shape for his age. He turned 74 in 2020, and if he is executed, he would be the oldest man the state of florida has ever executed. When i first met james dailey, he was remorseful about sort of the way he was living his life back then. The way he explained to me was maybe i shouldnt have ever been hanging around guys like jack pearcy, maybe i shouldnt have ever have been in florida, but i didnt kill that girl. Any day now, floridas governor, ron desantis could sign james dailys death warrant. Now, after about 35 years behind bars hes had a lot of time to consider where his life went wrong, because once upon a time things were looking pretty good for james dailey. Before death row, before winding up in florida in 1985, james dailey was a family man, married with two children. Jim and i met in manhattan, kansas, in 1962. It was the summer before our junior year in high school. We dated for four years before we got married. And then james dailey goes to war. He went to vietnam three times. Oh, it was horrible. I got there right after tet started in 1968. After every rocket attack, id have to go out and look for body parts, and i just wasnt made for that. It affected me horribly. I could tell when hed come back from vietnam, that he was changing. The daileys divorce. And at this point james dailey is 38 years old. Hes down, hes out, he does not have a job, but he is drinking and drinking a lot. In 1985, mr. Dailey is what i call a drifter. And he met jack pearcy randomly, i believe at a bar, and the two of them just kind of hit it off. So you were drinking buddies. Yeah, and we got to know each other pretty well, i thought. Boy, was i mistaken. And we ended up, in the end, coming to florida. Pearcy and dailey are now living in a twobedroom rented house in st. Petersburg, florida along with pearcys pregnant girlfriend, whose name is gayle bailey, and a friend from back in kansas, his name is oza dwain shaw. Hes crashing on the couch. Its now sunday, may 5, 1985, jack pearcy, james dailey, and jacks friend oza shaw are driving around st. Petersburg, florida, drinking and partying, when they run into stacy and Shelly Boggio. Jack saw shelly and her sister, stacy, and this other girl on the side of the road. And they picked them up. This wasnt just a random pickup. The boggio twins knew james dailey and jack pearcy, and even though the girls were only 14 years old, they had hung out and partied with these guys before. They were not strangers. And we drove back to our place and smoked some dope and drank some beer. This interview is with respect to case number 8544387, which is a homicide case. In our reporting, weve come across some of the recordings and interviews that the police, in their initial investigation of the crime, did with some of the last people who saw Shelly Boggio alive that night. One of these Police Interviews is jack pearcys then girlfriend, pregnant girlfriend, gayle bailey. They finally came home. They brought with them shelly, her sister, and another blonde. They got drunk, they smoked marijuana, they spent time together. They were 14. They wanted to be grownups. Now, heres a detail you just cant make up. One of those girls tells detectives they were watching an Alfred Hitchcock murder mystery on tv that night. And then they decide to go back out. Me and shelly and the girls and jack and jim, we dropped the sister and the other blonde off at some apartment. 14yearold Shelly Boggio, shes just in 7th grade, is on her own with the grownups. The party moves to a nightclub, jerrys rocknroll. Jerries wow, spring break is here again. Our favorite time of year at jerrys. The four of us went to jerrys, and we were sitting there and we all had three drinks a piece. This night is not going to end well. What are you thinking . I could see this is going to go downhill really, really fast, and something bad is going to happen. She yeah. Petey ah there he is everything you need, when you need it most. 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The governor says prop 15 is, fair, phasedin, and long overdue reform, that will exempt Small Businesses and Residential Property owners. Join governor newsom. Vote yes on 15. Its the night of may 5, 1985. After a night of drinking and smoking, 14yearold Shelly Boggio, is at a night club with two older men. Jack pearcy and james dailey. Both of these guys are paying attention to shelly, but shelly is only interested in jack pearcy. James dailey says he remembers the deejay may have been playing a Lynyrd Skynyrd song, gimme three steps. Gimme three steps mister and youll never see me no more i asked shelly if she wanted to dance. She said no. But dailey says, when a slow song came on, shelly was out on the dance floor with jack pearcy. Pearcys girlfriend, gayle bailey, is with them at the bar, getting angrier and angrier by the minute because of all the attention that jack is paying to this 14yearold girl. Well, next thing i knew, they were on the other side of the bar dancing. Well, id seen this and this did upset me. Then we all went back home. This was about midnight. Now remember, the medical examiner would later determine that shelly was murdered sometime between 1 30 and 3 30 a. M. , so whats important to keep track of here is, who is with shelly as the night unfolds . Its just after midnight, and the group goes back to the house. And heres whos there its shelly, james dailey, jack pearcy, jack pearcys girlfriend, whos pregnant, gayle. And right around this time, jack pearcy says hes going to take shelly home. Gayle went into the bathroom, and jack and shelly were leaving. Theres another guest at this party and hes an important player. His name is oza dwain shaw. Hes jack pearcys buddy from back in kansas. And when jack says hes leaving to take shelly home, oza shaw asks them for a ride to the pay phone. I asked him to give me a ride to the phone, because i need to call my girlfriend. No one knows this yet, but shelly has just hours left to live, and shes just gotten into the car with jack pearcy and oza dwain shaw. This is critical. Dailey says he and gayle stayed back in the house. Dailey says, and this is really important, when jack and shelly left with shaw, he went to his bedroom. Dailey insists he did not go with them. I went in my bedroom and went to sleep. So sure enough, jack pearcy and shelly have now stopped at that pay phone so oza can make his call. Oza dwain shaw, when hes on the pay phone to his girlfriend back in kansas, he says that in the car, jack and shelly get impatient and honk the horn at him. Got impatient and was honking, and i told him to leave me. Oza dwain shaws at that pay phone talking to his girlfriend betty, who confirms that she heard that car horn. In the background i could hear a horn. And i said, whos that . And he said, jack and some girl. And we have the telephone records to confirm this call was placed. We know it was placed at 1 15 a. M. Why is this so important . Because the most reliable witness in this case is the clock. The clock, and what the clock suggests about who was with shelly when she died and who was not with her. Where was jimmy this time you came back from making your phone call . He wasnt in the living room or i think he was in bed, in the bedroom. Im not sure. Oza dwain shaw is one of the last people to see Shelly Boggio alive. And who does he say shes with . Not james dailey. Jack pearcy. Just jack. Oza dwain shaw tells detectives that its hours later when jack pearcy returns to the house alone. Mr. Pearcy doesnt return to the house, according to oza shaw, until at least 4 00 a. M. And if shelly died sometime between 1 30 and 3 30 a. M. , then mr. Dailey couldnt have been there. He couldnt have been there because, his lawyers say, because he was back at the house. Oza shaw has been consistent from day one that the only people that went to that pay phone were oza shaw, jack pearcy, and Shelly Boggio, and that james dailey stayed back at the house. Period. Jack came back and woke me and said, ive got a couple of joints. Lets go smoke them. And grabbed a six pack of beer out of the fridge. So i got up. He said he needed to talk to me about something. Jumping out of bed in the middle of the night to go drink beer and smoke pot with your friend may odd to you and me, but dailey says this was the life they were leading. They were up at all hours. They didnt have steady jobs. No responsibilities. We drove out to belle air causeway. And and jack said, the reason i gotta talk to you is gayle wants you to leave. She wants to turn the bedroom into a nursery. And i told him, thats no problem. I said, im ready to move on anyway. But now, here comes the moment that spells the first sign of trouble for james dailey, and it seems incriminating. After that Early Morning trip he took with jack pearcy, he arrives back at the house, and his pants are wet. He had on we butt down to his ankles. Wet pants in a murder where the victim was found drowned in the water. Its damning unless there is an innocent explanation. We were throwing a frisbee around and it went out in the lagoon. Well, the lagoons only about two feet deep, so i waded out there and got it, and my pants were wet. Ive never denied ever that my pants were wet. Im smart enough that if i was going to make up a story id make up a better story than that. But i thats the truth. Thats exactly what happened. The next morning, the bridge tender finds shellys body mutilated and and shes naked and shes dead. As police swarm the crime scene, just five miles away at jack pearcys house, its a busy morning. Everybody there says that jack has suddenly decided to take a road trip. I think people found it strange, that the very next day you headed down to miami. Well with jack. We got up next morning, jack says, i want to go to miami. Now, i wanted to see miami. I have never seen miami. You know, you see it on t. V. What was that show with don jolgz . Johnson . Miami vice. Miami vice, yeah. You know, you see all the colors and everything. And i just wanted to see it. Oza shaw and james dailey share a hotel room. They both check in using their real name, and then jack pearcy checks in under an alias. But for all his interest in miami vice, james dailey doesnt do much sight seeing. Just 24 hours later, hes gone. Jack drove me to the bus station. I bought my ticket, got on a bus. I didnt think anything about it, you know . I was ready to move on. James dailey got his stuff and went out to california. Jack pearcy drove to kansas by way of colorado, and thats where he was ultimately picked up. Mr. Pearcy was arrested first, and he at that time gave statements, made admissions, and for the most part was putting the onus on james dailey as the main actor in this crime. Every time you lie, them baby blues turn two shades green. Our time. For more time. Has come. Living longer is possible and proven in postmenopausal women taking kisqali plus fulvestrant. In a clinical trial, kisqali plus fulvestrant helped women live longer with hr , her2 metastatic Breast Cancer. And it significantly delayed disease progression. Kisqali can cause lung problems or an abnormal heartbeat, which can lead to death. It can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. 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This toothbrush brushes quicker. This screwdriver turns speedier. This fan spins faster. Upgrade your devices with duracell optimum. The first few stories were basically they were looking for two men who had been seen with this girl at one of the bars. Identifying Shelly Boggio leads detectives to her twin sister stacy, who tells them the last time she saw shelly alive she was with jack pearcy and james dailey. Thats how the investigation really started. Who she was with, who these guys were. So then the sheriffs office, you know, mounted a search for these guys. Florida defense know james dailey and jack pearcy are from kansas, so they ask police there to keep an eye out. Sure enough, two weeks after the murder one of them, jack pearcy, shows up in his hometown and is arrested. Im going to advise you of your rights. Number one, you have the right to remain silent. Two, anything you say can and will be used against you in a court of law. The detectives in kansas were very familiar with him. They knew him. They knew him by name. One of the olathe, kansas, detectives you see questioning jack pearcy is joe pruett. Hes retired now, but we reached out to him by phone. We knew him in olathe as what we call a frequent flyer. Hed been arrested numerous times. Mr. Pearcy had been arrested for batteries, assaults. I believe there was a terroristic threat against his girlfriend at the time. He had been arrested by me at the request of the Sheriffs Department for a Sexual Assault that they were investigating. That charge was later dismissed. Jack pearcy had been involved in a prior murder in missouri. He had actually been solicited to commit a murder. Five years before Shelly Boggios murder, jack pearcy was hired to kill an elderly doctor. He was ready to do it with a hunting knife, but he backed out, and someone else committed the murder. He had a pretty lengthy criminal history, at least as far as charges. Made him comfortable, gave him the opportunity to smoke, and then he started talking and we started asking questions. Now, when we talked earlier this morning, you told me that you didnt kill that girl. Is that right . Thats right. But they are going to want to know what your involvement is. At the very least, youre a witness. You better be shooting straight because when they catch you in a lie, jack, youre going to get banged. Jack pearcy in the interrogation room, just two weeks after the murder, seems so relaxed. Hes blowing smoke rings, hes fiddling with his pocketknife, and you have to wonder, whats going through his mind . I really cant comment on mr. Pearcy other than, you know, his social gyro was off the gimbals, let me tell you. He was a different cat. Jimmy drove for a while and i passed out. And then the next time i know is when he was pushing on me waking me up, telling me to drive. He starts pointing the finger at james dailey. Jack pearcy took every opportunity to throw mr. Dailey under the bus. Pearcy says hes in the car. Hes drunk, passed out, but hes awake to hear screaming, and he sees jimmy dailey coming back. His pants are wet. When he heard some commotion, pearcy got out. And he knows at that point what happened. And he knew that jimmy dailey had stabbed this girl. He tried to put it all on dailey. You know, he was in the vehicle when it occurred. I dont buy it. You told me he did it. All right, convince me. Im pretty damn sure he did. Well, i didnt watch him do it. But yeah, im pretty damn sure he did. Did you hear her yell . I told you i thought i heard them arguing or something. But i just i was half conscious or whatever, you know . Id been drinking all day long. Im not trying to cover for him. I wouldnt be sitting here saying what im saying if i was trying to cover for him. But if i didnt see him do something, if i had seen somebody doing Something Like that, id imagine i would have done something. Thats why. Why do you think jimmy killed her . I dont know. Did he rape her . I dont know if he did or not. How many times did he stab her . I dont know. Whats the motive, you know . Heres this little girl that sounds like guess hes just sick. I cant tell you the reason. It just freaked me out, you know . I guess i really didnt even want to know what happened. I was just scared. Its why i just wanted to get out of the area. I went back home and i packed my suitcase and hit the road. Well, if i believe you, and i think i can believe you, why didnt you pick up the phone and call 911 and tell them about it . Because i was scared because now, what i want to know is this did you have sex with that little girl that day . No. Its always good to be the first person in the door at the Police Station and certainly at the prosecutors office. Youre going to get a better deal. Youre going to be able to sort of set the stage as to what happened. November 6, 1985, six months to the day after the murder, james dailey is arrested in california. I wonder, did james dailey do it . I think thats the first thing in my mind. Wheres the evidence that really puts him at the scene . Then a new witness comes forward with a devastating story. He stabbed her. He continued to stab her. She wouldnt die, was, i think, the quote. Powerful stuff, if its believed. But will the jury buy it . This is my body of proof. Proof i can fight moderate to severe rheumatoid arthritis. Proof i can fight psoriatic arthritis. With humira. Proof of less joint pain. And clearer skin in psa. Humira targets and blocks a source of inflammation that contributes to joint pain and irreversible damage. Humira can lower your ability to fight infections. 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James dailey says after leaving florida he had first gone to arizona where he met a guy who offered him a job in california. He was looking for somebody to go to california with him to help him remodel this restaurant. And id done a lot of cabinet work and stuff, so i said, hey, im looking for a job. He said, well, you want to go to california . I said, heck yeah. But detectives in florida track him down in california some 2,800 miles away. When you were first arrested and you felt those cuffs binding your wrists, what was that like . I just said, man, you guys got the wrong guy. Could you see how it seems suspicious that so shortly after the murder, first you go to miami and then you go clear across the country to california . Yeah, but if i was going to hide, dont you think i would use a different name . Im not hiding from anybody. I didnt know i was supposed to be hiding anybody. They had to extradite him back to florida. James dailey and jack pearcy, who had been arrested months earlier, are now both locked up in the Pinellas County jail to await trial. In the end, jack pearcy fails to convince prosecutors that hes an innocent bystander and that james dailey is the sole killer of Shelly Boggio. They are both indicted. Pearcy is tried first. Jack pearcy went to trial in november of 1986, right before thanksgiving. Our defense of mr. Pearcy was the other guy did it. Pearcy was along for the ride and dailey was the guy that that did everything. But that Defense Strategy does not work and pearcy is convicted. The jury convicts pearcy quickly but then takes mercy on him, recommending life in prison instead of a death sentence. The following summer, its james daileys turn to stand trial. He didnt have a history of violence against women. He didnt have a motive. There was no eyewitnesses placing him at the scene. There was just no evidence. The states theory was, that jack, jim dailey, and shelly left and that they drove around. Then they went to the waterside. And that was when they they excuse me. It was at that point where, evidently, i guess they thought they had enough of shelly and they stabbed her she was put underwater. She was drowned. Dead. The jury never heard daileys explanation for having those wet pants, that hed been playing frisbee and chased the disc into the water. James dailey never took the witness stand. He sat there looking like a lawyer for the entire week and said nothing. No emotion. No outburst of, i didnt do that. I dont know why my attorney at that trial said that he didnt want me to testify, because he couldnt believe that we played frisbee. Your attorney advised you not to testify. Yeah. I wanted to testify. I wanted to get up and tell what really happened. I think he should have taken the stand. I would have loved to hear what he had to say. As prosecutors wrap up their case, among their last witnesses are a trio of jailhouse informants. Now, weve all seen this movie before, right . Dramatic testimony from a jailhouse witness claiming he heard a confession. Jailhouse snitches, theyve been used since the beginning of time. Detectives can place a defendant in the same jail cell with a snitch. Its legal. Its fine. They become friends. And people really do talk. In daileys case, two snitches testify he made incriminating statements, but then the third inmate takes the stand, and hes a showstopper. His name is paul skalnik, and james daileys lawyers say his testimony sealed daileys fate. Skalnik testifies that dailey confessed to him in jail. He says that dailey told him he stabbed shelly and she was staring up at him and that she was screaming and would not die. He stabbed her, he continued to stab her, she wouldnt die, was, i think, the quote. What was your reaction when you heard skalnik on the stand testifying against you . Well, other than disbelief, other than trying to tell my attorney that never happened, it was just sickening. You never confessed to him, you say. Oh, absolutely not. Absolutely not. That was actually the only information that we ever got that supposedly came from james dailey, because he never took the witness stand. So everything if we were to believe what the snitches were saying, that was the only way we could hear james daileys voice. So it was very interesting listening to the snitches. Powerful stuff, if its believed. And the jury obviously decided to believe. James dailey is convicted, and hes sentenced to die in the electric chair. You could hear kind of cheering in the back. I dont know how anybody could cheer at a death sentence. Did you murder Shelly Boggio . No, i did not. I had nothing to do with her death whatsoever. Have i felt guilt from it . Absolutely. Why would you feel guilt if you didnt i wished i could have done something to stop it. I didnt know pear cys record. I thought he was take her home. James daileys word against paul skalnik. Who to believe . I wouldnt believe him as far as i could throw him. Turns out there was something the jury didnt know about that jailhouse snitch, paul skalnik. Im pretty familiar with paul skalnik. I asked him how many times hed actually been listed as a witness by the state, and he told me 28 times. We thought that it would help to know more about skalnik, maybe even talk to him. I just left the prison here, the Florida State prison, interviewing jim dailey. He says the reason hes on death row is because you lied. So, the story with depression. Its multiple symptoms that hold you back and you wish the socks would sort themselves. Enough. Then your doctor tells you about trintellix, a prescription medicine for adults with depression. So youre feeling this overall relief. 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Sing it, yeah, yeah from make believe made for everyone. All gold to e to a tshirt that means the world. Yeah, good to me it has been more than three decades since a teenager was brutally murdered in florida. Now he may finally be executed. Hey, man, you guys got to wrong guy. The evidence was the word after a fraud and a con man. Its terrible were willing to put someone to death based on the world of paul skalniy. He was a master ma nil later. He told her he was ceo of american airlines. This is the guy whos a professional con man at this point, and you knew it. And you knew it. The horrible things he did still live in my nightmares. Not only are you taking the word of a con man, youre taking the word of a child molester. The clock is ticking very loudly for james dailey. Paul skalnik testify in the 24 cases. 24. And this is the man you used to put dailey behind bars. We believe one of the key factors in mr. Dailey getting the Death Penalty was the testimony of paul skalnik. I say to you there could be no conviction without paul skalnik. What was your reaction when they did decide to put you to death . Well, i went out, sat down on a bench, and there was a Mental Health guy there. And i just started crying. He says, whats the matter . And i said, well, i was just sentenced to death for a crime i didnt commit. There was no evidence at all. The evidence that they had was the word of a fraud and a con man, this guy paul skalnik. Dailey insists that it was impossible for him to be in position to give skalnik a confession, physically impossible. James dailey says just weeks before his trial, he was moved to the same wing of the Pinellas County jail as paul skalnik. Right before mr. Daileys trial in may, paul skalnik is in an isolated cell, because hes having to be protected, because other inmates know hes a snitch. We were on g wing. He was in a single cell. I was in a pod of about 16 guys. And according to paul skalnik, as hes walking down the hallway, dailey shouts at him through this double layer of bars oh, hey, let me talk to you. And so according to skalnik, they talk. Mr. Dailey says, you know, he killed her. And i held her under and she just wouldnt die. She kept screaming and looking at me. So basically, you would have to have shouted i would have had to yelled my confession to him. This case even drew the ire of renowned columnist and crime novelist carl hiaasen. Hes just gonna call somebody over to his, passing by his cell, and say, hey, let me tell you a story about this homicide. As a journalist someone who has written a lot about death row cases and about a lot about homicides, no. Doesnt make any sense. Particularly if you know skalnik is a snitch. Everybody in jail knew he was the worlds biggest snitch. I mean, even the officers in the county jail told us not to talk to him, you know . If you talk to him hes going to go to court against you. Prosecutors assured the jury and skalnik swore to this, he wasnt promised anything and there was no deal in return for his blockbuster testimony. Even though he was facing up to 20 years for grand theft, if convicted. He said, oh, im not getting any benefit out of this. After mr. Daileys trial, paul skalnik is released on his own recognizance, which means he doesnt have to put up bail. He was released five days after james dailey got the death sentence. They let him walk out. They insist that theres no correlation. But theres no other explanation for it. I mean, youd have to be an idiot not to figure that out. It happens too many times when you use jailhouse snitches. They say, have you made any deal with the state oh, no, sir, i have not. And then the case is over and quietly cases are dismissed or hes let out of jail. During trial, jurors were told skalnik had been a Police Officer and were assured he was quote honest and reliable. But the most Important Information about skalnik that was not shared were some of the darkest parts of his past. I knew paul skalnik for about the last 60 years, i guess, because he was on my Little League team. I think he could have been anything he wanted to be because he was a really, really intelligent guy. Paul sklanik was born in 1949. Was adopted, raised in league city, texas. He started out on the right track it seemed. Yearbook photos show him in the student council. He did the key club. He was even voted president of the future Business Leaders of america. After high school, went to the New Mexico Military Institute for a short stint. Then went on to become a Police Officer. He was a Police Officer about five minutes in austin, texas. And sometime after that, his life took a drastic turn. He was charged with theft. It was a bunch of hot checks. Officer skalnik allowed to resign from the force, slips into a new career, as seen in this 1973 newspaper ad, as trusty insurance agent. He does this as he secretly pursues a life of grifting and crime. By age 30 skalnik had already been divorced twice. And his third wife was penny rogers. Now according to pennys daughter, skalnik was a master manipulator who at first swept penny right off her feet. I thought my mother had found the most wonderful guy. He told me i was his princess and that i could call him dad, but i never did. I was 15 years old, it was in 1977 when paul skalnik came into our lives. He had met my mother at the funeral home where she worked. I believe somebody in his family had passed away, extended family. He just swept her off her feet. He told her that he was ceo of southwest airlines. He would get dressed in a threepiece suit, all his gold and diamonds. We would always go to the cowboys games. Wed stay at the hotel, the suites, have a good time. We had cheesecake. There was champagne. Come checkout time though, he carried a big old thing of credit cards. They wouldnt take his card, he wrote a check. But what got me he was always stealing the robes and the towels. He would bring her home roses. He gave her the big 649 microwave. A couple months later they got married. He claimed to be working for the cia, an informant for the fbi. And it was just these grandiose ideas of who he was, and none of it was true. He got to be very abusive. He would lock my brother up in a room, beat him. My mom, he would beat her. He was started touching me inappropriately. I was like, what did i do . What did i do to make him do that . Unfortunately skalnik was just getting started. Once in florida, this guy had more cruel acts up his sleeve. When he got in trouble, the first thing he did is start snitching, and he became a valuable informant. He testified in 35 cases for the Pinellas County state Attorneys Office, which is an exorbitantly high number in my opinion. But the question is, why . Why does he seem to be their goto witness . And was he getting something in return . What was that . Happens every time i say hbo max. Cool hbo max. It can read . Its not complicated. Now you can save more with at t wireless plans and get things your way with features like hbo max included. [ sneeze ] skip to cold relief fast with alka seltzer plus severe powerfast fizz. Dissolves quickly. Instantly ready to start working. Oh, what a relief it is so fast with kohls lowest prices of the season prices so low no coupons needed get shark vacuums 149. 99 plush throws are 9. 99. And take 30 off games and toys plus, get kohls cash. Plus, free store pickup. Its the lowest prices of the season at kohls. I thought youd control every part of me. Overwhelm me. Define me. But i found a way to give myself more space. 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He claims that a fellow inmate, a guy by the name of kenneth gardner, has confessed to him for the murder of a Hardware Store owner in clearwater, florida. Skalnik was claiming at that time that mr. Gardner had made a statement to him to the effect of, i killed him, but no one will be able to prove it. Gardner is convicted, and skalnik is later paroled after serving only half of a fiveyear sentence for grand theft. But skalnik cant stay out of jail. And he also cant get murderers to stop confessing to him. Prosecutors used him an awful lot. I had a case in the mid80s, and it was a triple homicide. Three gentlemen were murdered execution style. And skalnik was a witness in that case. And i remember taking his deposition. And asking him, how many times have you testified before . He said, 28. Was skalnik benefitting from his testimony . Well, in one case, a handwritten note found in the states attorneys file says that if skalniks assistance in previous cases is substantial, quote, the state will be seeking to mitigate and, quote, that probation was discussed. Now, this is not to say that skalnik gave up his own criminal career. It seemed that whenever skalnik got out of jail, he found a new victim, and more than once, it was a young girl. We lived in a culdesac. All the families had kids. And wed go outside in the evening after school, ride our bikes together, and play at each others houses. Always going to the beach. How old were you when you met paul skalnik . I think i was just turned 12. Do you remember how you met him . I remember he showed up out of the blue. An acquaintance of our neighbors who were my mom and dads best friends. Had a very magnetic personality, so kind of drew you in. Did it seem abnormal that a 32yearold, good looking, wealthylooking man would want to spend so much time with a 12yearold . I knew it wasnt right. Can you tell me about that july day when you all went to go fishing . We made plans with the neighbors to go to a friend of our neighbors house. They had a pond, and we were all going to go fishing, have a picnic, and he was invited. I think initially, i got out of the car with everybody and we went in. He stayed in the car. And then he summoned me back out to the car. And i went back out. I know this is obviously very hard for you, but can you tell me what happened then . It was dark. His windows were tinted. I remember the car was dark. And he pulled me in and started kissing me on the mouth, like an adult would kiss another adult. And he grabbed my hand and put it in his pants. He begins sexually assaulting her. Keep in mind that karen parker is just a 7th grader at this time, 12 years old. And shes sitting with skalnik, in this car. I couldnt believe it was happening. I felt like, wheres all the adults . And i felt like i didnt really have a choice to do what he wanted me to do. The evidence was pretty strong, pretty graphic. Skalnik was charged with lewd and lascivious conduct on a child, and he faces up to 15 years in prison if convicted. Now, karen parker passed a polygraph. There were witnesses who say they saw this. And in a strange bit of irony, skalnik allegedly told someone in jail that he did this. Still, the charge was dropped. He was given a grand theft conviction instead. I dont know how you get from molesting a child to grand theft. Thats quite a leap in plea bargaining, but he pulled it off. Skalniks plea deal kept him out of prison, leaving him in the Pinellas County jail where he would be useful to authorities. When he got in trouble, the first thing he did was start snitching, and he became a valuable informant in Pinellas County. He was always there, and he was always conveniently in the right spot to hear a unsolicited confession from someone who barely knew him. He testified in 35 cases for the Pinellas County sheriffs office, which is an exorbitantly high number in my opinion. Suddenly skalnik became known as the state attorneys goto witness. And he wasnt just a witness for the states Attorneys Office, but there was one Pinellas County detective, john halliday, who thought so highly of paul skalnik, that he actually went to bat for him with the parole board. Detective halliday writes to the parole board in 1984 and says, paul skalnik has essentially benefited the state. Hes helped with information on dozens of inmates. Put several people behind bars and on death row. And asks the parole board to give him parole basically. That he deserves to be out in the streets for his service. Sure enough, his letter works. They let him out. The coziness of using the same informant over and over and over again, and helping him get off and reoffend, that is improper practice. Stephen thompson, a spokesperson for the 6th circuit prosecutors office, did respond to our request for an interview or comment, writing, we dont typically comment on any cases, and he wrote, the judges decisions in court speak for themselves. We reached out to detective halliday, but he declined an interview with 20 20. Paul skalnik is out on parole, but not for very long. Because just two years later, hes back in the Pinellas County jail, just in time to help detective halliday and the state Attorneys Office win yet another conviction this one, james daileys. Even though prosecutors said that paul skalnik was not getting rewarded for his testimony in the james dailey case, this document that we have obtained shows that he was released from prison five days after dailey was sentenced to death. And i quote, due to his cooperation in the firstdegree murder trial where he was a witness. 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The Nissan Altima now offering the most techadvanced engine in its class okay. Rolling too . Yep. Transcription is rolling now. Just need a hand clap. There we go. Paul skalnik, five days after james dailey is sentenced to death, the guys facing 20 years in jail, ta ta, they let him walk out of jail. And hes skipped bond, and went to texas and sexually molested a teenager. The horrible things he did still live in my nightmares. In 1991, my parents had divorced, and i was a typical teenage girl. Worried about the boy i liked, what everybody was wearing. I was normal. How did your mom first meet paul skalnik . They were in high school together, and i am not certain how they were reintroduced, but he came in like a knight in shining armor and swept her right off her feet. There was roses. He made her feel beautiful, and for a woman whose been through divorce before, i can tell you that thats very wonderful to experience. He presented himself as being an independently wealthy man that was formerly cia agent. What kind of ring does he propose to your mom with . It was a seven carat pearshaped diamond ring, huge. It was not a real diamond. It was a cz. Cubic zirconia. So your mom thought it was a real diamond. She did. Now, misty has a visceral immediate dislike for paul skalnik. And she says he didnt seem to like her either. I felt like somethings not right here, and he knew that. And he accuses her of stealing that big fake diamond ring, and things get worse for misty after that. That was how he started separating me out from everybody else. Im getting in trouble more often. Im having to do extra chores around the house. Im spending a lot of time in my bedroom, not able to go out. Hes forcing you to stay in your bedroom. Yes, all day. And then my life changed. He came upstairs. He said, i think i have a way that we can work this out. And he asked me to meet him down in the spa afterwards. And was it in the spa where he touched you . Yeah. Oh, he touched me in more places. In the spa, in the house, in my room. This went on for a month. And i couldnt tell anybody, or i didnt feel like i could, because who was gonna believe me . I felt trapped. I wanted it to stop. So, eventually, you did find a way out. I did. I told my mother. And my mother, in that moment, became my hero, because she immediately sprang into action. She called the cops. And they came over, and i interviewed with them, and they took him away. I was an assistant criminal district attorney. This was a Sexual Assault of a child. He had really groomed this little girl. Of course, he denied it. And he had an alias. That was a red flag. His alias was jason paul bourne, bourne. You know, special agent, from the Bourne Identity series. Jason we were going to trial, but at the last minute, he pled. He pled no contest, and he was sentenced to ten years in the Texas Department of criminal justice. Skalnik was ultimately punished for what he did to misty, which may have surprised him. Remember, paul sklanik had been charged with the Sexual Assault of 12yearold karen parker. Those charges were dropped, so just imagine how karen parker must have felt when she heard about misty. It broke my heart. I felt bad for her. I feel like that could have been avoided. He had committed so many crimes and he had abused so many people, but you and the crime he committed against you is the one that he actually served. The full sentence for. Yes, i was the one that was able to get him to stay behind bars. Skalnik pleaded guilty, did his time and got out. James dailey has never seen a single day of freedom since paul skalniks testimony helped put him in prison. My heart breaks for james dailey, because he very well could be innocent, and hes looking at death. Because of what paul skalnik said. If paul skalnik were sitting here across from you, what would you say to him . I wouldnt say anything to him. He wouldnt hear. Hes just so selfabsorbed, so narcissistic, such a big con man, and hes a child rapist. As we were leaving the prison right after the interview with dailey and right outside the prison gates, i get on a phone call with someone ive been wanting to talk to. So, right now were calling paul skalnik, who is in a nursing home in texas, and we have a reporter there with him who is going to put him on the phone. My name is kat cosley. Im a local Television News anchor and reporter in the houston area. And in january of 2020, i was actually hired by abc news 20 20 to go to corsicana and visit paul skalnik. So, i had the phone, and matt dialed in on the phone. So i have matt. Matt, can you hear . I can. Hey paul, how are you . How are you . Im alright, thanks for talking with us. There are lots of inmates all up and down florida who say that theyre in prison because of you. You put them there by testifying against them in court. Well, thats life. Do you regret anything youve done . Do you have any regrets . Not to my knowledge. Not to your knowledge. I just left the prison here, Florida State prison, interviewing jim d aailey, and he says that you are the reason that hes on death row. Hes 100 correct. But he says the reason hes on death row is because you lied. Theres a time and place to talk. Okay. Yes, you sound so serious. Well, i am serious. This is a serious matter. There are people whose lives are on the line right now as we speak. Mine, first. Your life is on the line first . I consider it that way, yeah. Well, theres a man on death row. Im actually looking at the wing hes in, and i think he might say hes in line first. Thats good then. Do you want to see him be put to death . There are times and moments, yes. The looks that he gave me when matt was asking him questions, how could this guy ask me these things . You know . What does this guy think i am . Paul, since were still on the record, i wanted to ask you, why do you think youre so close to death . You sound okay. What leads you to believe youre in such bad shape . Well, two strokes, possible heart attack. Yeah, thats enlightening, isnt it . Yeah, that doesnt sound so good. No regrets from paul skalnik, but what about the prosecutors who put him on the stand . This is a guy who is a professional con man at this point, and you knew it, and you knew it. Absolutely. Thousands of women with metastatic Breast Cancer, which is Breast Cancer that has spread to other parts of the body, are living in the moment and taking ibrance. Ibrance with an aromatase inhibitor is for postmenopausal women or for men with hr her2 metastatic Breast Cancer, as the first hormonal based therapy. Ibrance plus letrozole significantly delayed disease progression versus letrozole, and shrank tumors in over half of patients. 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It has been more than three decades since a battle creek teenager was brutally murdered in florida. Now her killer may finally be executed. But new evidence in the case is sparking attornies to fight for exoneration. Its terrible that were willing to put someone to death based on the word of paul skalnik. When i interviewed james dailey on death row, he told me hes been trying to prove that he didnt get a fair trial. He says prosecutors improperly used a jailhouse snitch to convict him. Robert heyman was one of those prosecutors. So did you feel that paul skalnik was credible . Skalnik, you know, we vetted him. I mean, i know hes been under attack as a professional snitch. But yeah, we checked him out. This is a guy who is a professional con man at this point, and you knew it. And you knew it. Absolutely. You also knew that in 1982 he was charged with lewd and lascivious conduct on a child under 14. So not only are you taking the word of a con man, youre taking the word of a child molester, a predator. And this is the man who you used to put dailey behind bars for the rest of his life and possibly in the chair. Lets back it up. Yeah, we knew what his history was. We knew that he had a checkered past, lets face it. Do you think that the jury would have found skalnik to be credible if they knew that he was a sex offender . His criminal record was talked about at the trial. Im not sure the sex offender part was brought up. In fact, Robert Heyman and his cocounsel never did tell james daileys jury what paul skalnik had allegedly done to 12yearold karen parker. But the thought does seem to have crossed their minds. Because prosecutors notes from the trial obtained by daileys attorneys decades later, seem to show, and ive seen it myself, that someone scribbled sex assault and then struck it out twice. This is your handwriting, right . Go ahead, you take it. You crossed out the word sex offender. Electing not to talk about it. Im not sure thats why i crossed it out. I have no idea. This is 30someodd years old. Obviously i knew about it. And yet you put him on the stand . Absolutely. You crossed out abunch of his criminal history there. Josh dubin is an Innocence Project advisor and renowned advocate for the wrongfully convicted. He may not look like a typical lawyer, but hes got a track record. In 2018 he battled in court, freeing an innocent man from floridas death row. Now hes on james daileys case, with the same goal. I show him some of my interview with the former prosecutor. This is 30someodd years old. Obviously i knew about it. I got to catch my breath after that one. I got to tell you. Thats way worse than i thought. When paul skalnik was crossexamined about his crimes during daileys 1987 trial he admitted to grand theft, but he denied even being charged with violent offenses. Quote, grand theft counselor, not murder. Not rape. No physical violence in my life, end quote. I mean the fact that the prosecutor didnt correct him, just admitted to you that he knew full well what he had been charged with and kept that from the jury is not only astounding, its disgusting. Do you know how many times this has been reviewed by courts, both in the state and the federal levels . And they seem to have been satisfied so far. Youre saying that theyre infallible . Im saying that i am comfortable with two things that lawyers should be comfortable with. One, trial by an impartial jury, and thats what dailey got. Number two, appellate review to make sure that the trial was fair, that the jury was impartial, that the evidence was appropriate. So, would you be satisfied if you saw dailey put to death . I think thats an appropriate sentence under the law of the state of florida. All rise. Circuit court is now back in session. Honorable pat siracusa Circuit Court justice presiding. Good morning, you can be seated. All right, so argument on 1c and 2. In a february 2020 hearing about whether dailey will be allowed to present more evidence that his conviction should be overturned, daileys attorneys argue prosecutors allowed their witness paul skalnik to mislead james daileys jury about the fact skalnik had been charged in a sex assault. It was a misrepresentation to that jury. At that time he had an affirmative obligation to correct that false testimony. State attorneys tell the judge that skalnik had never been convicted of what karen parker says he did to her because the case had been dropped. Unfortunately, lewd and lascivious charges are always difficult to prove. Theyre difficult to take to trial and is often a he said she said type of case. The state argues trial attorneys would have been barred from questioning skalnik about karen parker, whether they knew about it or not, because he had not been convicted of the charge, it was dropped. My understanding of the rules of evidence is that im not allowed to impeach a witness with the fact that they were arrested on a charge that was subsequently dismissed. I dont know if james dailey is guilty or not, but i do believe that if any of his sentencing is based on the testimony of paul skalnik, that should be wiped away and start over because hes hes just hes a perfect liar. A perfect liar . Yes. There was more evidence against paul skalnik in that child Sexual Assault case than there was against james dailey in the murder of Shelley Boggio. Youre about to see why appeals so rarely succeed. Im going to find that you are in fact still time barred and that heymans acknowledgement that hes the actual author of the notes doesnt open it up to additional discovery or an additional claim, so ill deny the claim. But the judge also has good news for dailey, deciding to grant another hearing. So judge siracusa granted our requests for an evidentiary hearing. This one to present testimony from an astonishing source, james daileys old buddy, his codefendant in this terrible crime, jack pearcy. We are about to witness an incredible scene. Jack pearcy and james dailey together again. And this time, a stunning admission. After nearly 35 years, one of them has a confession to make. I brought you here so that you could tell your story. Fbz fbz fbz. Dropping my mcdonalds order. Leggo a big mac no pickles please. There you go. Medium fries. Con ketchup. And an oreo mcflurry. Of course ooof the j balvin meal. Get it on the mcdonalds app and the mcflurry is on me. Im lovin it when why are we alwaysiful hair, and thshown the same thing . Wheres my bounce . My glamour . My fire . All hair is beautiful. These dove shampoo and conditioners are custom formulated for different hair types. Find the right dove care for your hair. Because she loves me so this i know fo sho cmon hey ya hey ya shake it, shake, shake it, shake it, shake, shake it shake it like a polaroid picture you know what to do hey ya hey ya hey. Todays the day to get to your toyota dealer. But hurry, theyre going fast. Toyota. Lets go places in january of 2020, i take a ride with attorney josh dubin. He has recently joined Chelsea Shirley and the team trying to exonerate james dailey and save him from execution for the 1985 murder of Shelly Boggio. People are just now discovering my case and what has been done to me. But ive had to live this 32 1 2 years of being innocent and being on death row. My biggest problem was i couldnt get anybody to listen to me. I got this new set of attorneys. And they took one look at my case, and, boy, theyve gone to work for me. Im sorry. You have a whole plan about going in there today. I mean, youre dressed in a tshirt. Youre very casual. Dubin works for james dailey, but on this day hes going to visit daileys codefendant and former friend, jack pearcy, who is now serving a life sentence for shellys murder. I dont want him to look at me as just some lawyer in a suit. Hes got good reason to be hopeful, because three years earlier in 2017, pearcy signed an affidavit saying he alone murdered Shelly Boggio, and that james dailey was innocent. I went to see jack pearcy in april of 2017. And he ultimately ended up signing an affidavit. Jack pearcy said in the very last line of the affidavit that i killed Shelly Boggio and mr. Dailey was not present when she was killed. Despite signing that 2017 affidavit, when it came time for jack pearcy to testify in court, he said he lied in that affidavit. He refused to say in court that james dailey was innocent or much of anything else. He just kept pleading the fifth. He said, i plead the fifth. The next question, i plead the fifth. Next question, i plead the fifth. Heres what i dont understand, josh. The guys already signed an affidavit, right, saying that he did it. Why do you need anything else . Because the last time he signed an affidavit and he was called in court to avow or stand by the affidavit, he pled the fifth. In late 2019, soon after joining the case, dubin got pearcy to once again sign a statement saying that he alone murdered Shelly Boggio, essentially exonerating james dailey. The operative paragraph is, i murdered Shelley Boggio on my own. James dailey had nothing to do with it. And so, here we go again. Jack pearcy has again signed another confession, again clearing james dailey. But once again its not enough. He has to come into the courtroom. He has to testify under oath and be crossexamined by prosecutors. Thats the only way this helps james dailey. You just spent, i dont know, an hour and ten minutes in there. What was it like . Hes a bit of a tortured soul that is coming to terms with the fact that he needs to come clean about everything that he did. And, you know, i think that hes going to do that. Do you think that that will help exonerate you . If jack comes in there and tells the truth. I mean, if we get the truth out of his mouth. James dailey is present and is here in custody. Ive had him travel from death row for todays hearing. Good morning, mr. Dailey. Good morning, sir. I thought they had implemented the Death Penalty. I thought he was dead. I thought james dailey was dead. We had an evidentiary hearing in march of 2020. Okay, this is the Second Succession motion to vacate the judgment of conviction and sentence of death after the death warrant has been signed. We were hopeful that forcing jack pearcy to look mr. Dailey in the eye, forcing jack to look at the person that hes partly responsible for keeping in prison wrongfully for 33 years, would move him to tell the truth. If jack pearcy were sitting here right across from you today, what would you say to him . Id say, do the right thing, jack. Come on. Its been long enough. All right, lets bring him in and take him to the podium. Mr. Pearcy. Good morning, sir. My name is pat siracusa. Welcome back to Pinellas County. I brought you here today to ask you, isnt today finally the day for you to tell the world your story from the witness stand as a witness . I cant help bring shelly back or the pain her family has already suffered. I dont want to testify any further. He said he would never come into court and tell that story as long as his mother was still alive. And of course his mother was sitting right there. Even though pearcy says hes not going to testify, hes called to the witness stand. Why bother putting pearcy on the stand . Because you never know. This is james daileys last chance to get the truth that could set him free. All he has to do is just repeat what he said in that affidavit. 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No, sir, ive done 35 years for a crime i didnt commit and i dont plan on testifying against somebody else to help the state kill them, and that will be all my testimony could basically do, so i have nothing else to say. Nothing i can do or say to change your mind . No. Sir. All right, mr. Pearcy can go. Jack pearcy refused to testify, but someone else was eager to speak. Kalli boggio is Shelly Boggios younger half sister. What would you like to tell me, maam . I would like to tell you that our family has been through enough. Please get this to an end. Throughout this whole thing, its been the james dailey show, the jack pearcy show. No, this is about Shelly Boggio and her life. Her life mattered, and it still matters, and it will always matter. And i guarantee you and i promise you i promise everybody that me and my family will never stop until we see justice and see that man go. What would you say to Shelly Boggios family members who believe that the right person has been sentenced to death . Well, what could i say to them . I mean, how many times has the state lied to them . How many times has to state told them that for sure i was the one . I mean, there would be nothing i could say to them. Mr. Dailey, anything you want to tell me today . No, sir, just thank you very much for your time. Almost three months after jack pearcy refuses to testify, the judge rules neither james daileys conviction or death sentence will be vacated on the strength of the evidence. And then another blow. Paul skalnik, that jailhouse snitch whose testimony that dailey confessed to him in jail helped put dailey on death row, hell never be able to recant his testimony. He died almost two months to the day after our phone call. At any time, the governor of florida could sign a death warrant for james dailey. Im not afraid to die. What im afraid of is spending the rest of my life in prison for a crime i didnt commit, not being able to clear my name for my kids and my grandkids and my greatgrandkids. Im stubborn. Im not giving up no matter what. Were just going to keep fighting. Thats all i know, just to keep fighting. Andrea boggio says she always dreaded florida. But she finally forced herself to come. 35 years after her cousin shellys murder, her first visit to the crime scene, and now to the cemetery. A show of support for the family. Poor shelly. Im done. I cant do it. I left her a letter. Would you mind telling me what you were trying to express to her . That i will keep fighting, and i love her. And ill never give up trying to fight for her. Shelly boggio was alive. She was loved. And she deserves some justice. This fire broke out just today, the dangerous conditions that mean power shut offs this weekend. And the bay area getting humira patients,. This ones for you. 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