Date of Sentence:
08/07/87
Date of Resentence: 01/21/94
Circumstances of Offense:
On 05/05/85, the victim, 14 year
old Shelly Boggio, her twin sister Stacey, and Stephanie Forsythe were
hitchhiking near St. Petersburg when they were picked up by James
Dailey, Jack Pearcy, and Dwaine Shaw.
The group went to a bar and then
to Pearcy’s house, where they met Pearcy’s girlfriend, Gayle Bailey.
Stacey and Stephanie returned home, and Shelly, Gayle and the men went
to another bar and returned to Pearcy’s house around midnight.
Shelly,
Dailey, and Pearcy left in a car. When the two men returned later,
without Shelly, Dailey was wearing wet pants and carrying a bundle. The
next morning, Dailey and Pearcy went to a laundromat and told Gayle to
pack because they were going to Miami.
That morning, Shelly’s nude body
was found floating in the water near Indian Rocks Beach. She had been
stabbed, strangled, and drowned.
Codefendant Information:
Pearcy and Dailey were tried separately for the crime.
Pearcy was
convicted of First-Degree Murder and sentenced to life imprisonment.
Trial Summary:
01/22/86
Indicted on one count of First-Degree Murder
06/27/87
Jury returned a guilty verdict
06/30/87
Jury recommended a death sentence by a vote of 12-0
08/07/87
Sentenced to death
01/21/94
Resentenced to death. New jury recommendation not required
Case Information:
On
09/21/87, Dailey filed a Direct Appeal with the Florida Supreme Court,
citing the following trial court errors: admission of state witness
testimony that was irrelevant and prejudicial; introduction of a knife
sheath into evidence; use of hearsay statements of a police detective,
an inmate, and the codefendant (Pearcy); improper jury instructions at
the guilt phase; improper statements by the prosecutor during closing
arguments; court certification of a witness as an expert; improper
finding of aggravating circumstances (murder committed during a felony
[sexual battery], murder to prevent a lawful arrest, and murder
committed in a cold, calculated, premeditated manner); and considering
evidence from Pearcy’s trial in Dailey’s trial. On 11/14/91, the FSC
affirmed the conviction, but reversed the death sentence and remanded
for resentencing.
On
01/21/94, the Circuit Court resentenced Dailey to death. The original
jury recommendation vote of 12-0 on 06/30/87 remained intact for the
resentencing.
On
02/09/94, Dailey filed a Direct Appeal with the Florida Supreme Court,
citing the following court errors: denying Dailey’s motion for an
entirely new penalty phase, failing to find and weigh mitigating
circumstances, and denying Dailey’s motion to disqualify the judge. On
05/25/95, the FSC affirmed the death sentence of Dailey.
On
11/21/95, Dailey filed a Petition for Writ of Certiorari with the U.S.
Supreme Court that was denied on 01/22/96.
On
04/01/97, Dailey filed a 3.850 Motion with the Circuit Court that was
amended on 11/12/99. On 07/20/05, the Circuit Court denied the motion.
On
08/22/05, Dailey filed a 3.850 Motion Appeal with the Florida Supreme
Court that is pending.
On
03/22/06, Dailey filed a Petition for Writ of Habeas Corpus with the
Florida Supreme Court that is pending.
FloridaCapitalCases.state.fl.us
