Latest / Wrongful Conviction / #142 Jason Flom with Josh Dubin on James Dailey
Transcript
- 0:02Speaker 1: It was May fifth, nineteen eighty five. James Daly was
- 0:05Speaker 1: out bar hopping with his roommates Jack Pearcy and Gail Bailey,
- 0:08Speaker 1: as well as their friend Oza Shaw, when the four
- 0:10Speaker 1: of them ran into a fourteen year old Shelley Bogio.
- 0:14Speaker 1: At some point, all of them went back to the
- 0:16Speaker 1: house that James, Jack and Gail shared, and James Daly
- 0:19Speaker 1: went to bed while Gail, Jack's pregnant girlfriend was using
- 0:23Speaker 1: the bathroom. Jack snuck out with Shelley Bogio, dropping Oza
- 0:27Speaker 1: Shaw at a payphone on the way. In the early
- 0:30Speaker 1: hours of the morning. Jack Pearcey returned alone, at which
- 0:33Speaker 1: point he woke James Daly and dragged him out for
- 0:36Speaker 1: a few more beers. When they returned, James's pants were wet.
- 0:41Speaker 1: The following day, Shelley Bogio's body was found choked, stabbed,
- 0:45Speaker 1: and drowned in the Florida Intracoastal Waterway. Jack Pearcy admitted
- 0:51Speaker 1: to his involvement of the crime, but implicated James Daly
- 0:53Speaker 1: as the primary culprit the prosecution and turned promised leniency
- 0:58Speaker 1: to jailhouse informants who could help them send James Daily
- 1:01Speaker 1: to where he's been since nineteen eighty seven, Florida's infamous
- 1:06Speaker 1: death row. Jack Pearcy has since claimed sole responsibility for
- 1:10Speaker 1: Shelly Boggio's death, but has so far avoided actually affirming
- 1:14Speaker 1: that claim in a court of law. We're going to
- 1:16Speaker 1: speak with James's attorney, Josh Dubin, a man whose name
- 1:19Speaker 1: you've heard on this podcast from me many times and
- 1:22Speaker 1: also from the mouths of several of the people that
- 1:24Speaker 1: he's helped free, and he'll tell us about the evidence
- 1:27Speaker 1: that he's uncovered that the state of Florida refuses to hear,
- 1:31Speaker 1: even though it clears James Daly's name with or without
- 1:34Speaker 1: the word of the one and only killer, Jack Pearcy.
- 1:38Speaker 1: This is Wrongful Conviction with Jason Flammer. Welcome back to
- 1:52Speaker 1: Wrongful Conviction with Jason Flammer. On today's episode, we're going
- 1:56Speaker 1: to tell the terrifying tale of James Daly, a man
- 2:01Speaker 1: who was wrongfully convicted decades ago in Florida and sentenced
- 2:05Speaker 1: to death. And with us to tell that story is
- 2:09Speaker 1: his attorney, Josh Dubin. And for listeners of the show,
- 2:15Speaker 1: you'll recognize Josh's name because I reference him often. Josh
- 2:20Speaker 1: is not only a pro bono council of great repute
- 2:24Speaker 1: for the Innocence Project, he is a jury selection expert
- 2:29Speaker 1: and has been an integral part of many cases that
- 2:32Speaker 1: you've heard on this show, including just a few names,
- 2:34Speaker 1: John Restevo, Clemente, A Gire Herman Atkins, and he is
- 2:40Speaker 1: a sort of a force of nature. So, without further Ado,
- 2:44Speaker 1: let me introduce my friend and a personal hero of mine,
- 2:47Speaker 1: Josh duben Well.
- 2:48Speaker 2: That made me blush. I appreciate it.
- 2:50Speaker 1: So when you're old and gray and sitting in your
- 2:54Speaker 1: rocking chair and someone asks you what case troubles you
- 2:58Speaker 1: the most, I know that this is one case that
- 3:01Speaker 1: will come to mind. Is that fair statement?
- 3:04Speaker 2: I mean I feel like it's making me old and
- 3:06Speaker 2: gray and putting me in a rocking chair already, especially
- 3:09Speaker 2: coming off this latest decision by the court. It's just, yeah,
- 3:13Speaker 2: it's doing a number on me. But it's really not
- 3:15Speaker 2: about me. It's about the victim of Shelley Bogio, her
- 3:19Speaker 2: family's fight for justice and closure, and a clearly innocent
- 3:23Speaker 2: man that's been sitting on death row for more than
- 3:26Speaker 2: three decades for a crime that his co defendant has
- 3:29Speaker 2: admitted he committed on his own. So yeah, it's it's
- 3:32Speaker 2: troubling to say the least.
- 3:34Speaker 1: Let's go back to nineteen eighty five, fourteen year old
- 3:38Speaker 1: Shelley Bogio was found choked, stabbed over thirty times, and
- 3:43Speaker 1: finally not even dead yet, was drowned in Florida's intracoastal Waterway. Josh,
- 3:49Speaker 1: can you take us back to the circumstances of this
- 3:51Speaker 1: case and explain how James Daly came to be a suspect.
- 3:56Speaker 2: Yeah, he was roommates with a person that committed the crime,
- 3:59Speaker 2: a gentleman by the name of Jack Pearcy. And God,
- 4:02Speaker 2: I say, gentlemen, I want to shove those words back
- 4:04Speaker 2: in my mouth. I mean Jack Pearcy was a guy
- 4:06Speaker 2: that had a very very violent criminal past. He had
- 4:10Speaker 2: been implicated in a murder for higher scheme where he
- 4:13Speaker 2: flipped on his co defendants and got himself immunity. He
- 4:16Speaker 2: had been arrested for terroristic threats against the mother of
- 4:20Speaker 2: his child. He had been in and out of jail,
- 4:23Speaker 2: and James Daily didn't know this about him. James Daly
- 4:27Speaker 2: had done a tour in Korea, two tours in Vietnam.
- 4:31Speaker 2: His criminal record was all of one arrest for like
- 4:35Speaker 2: a one punch bar fight, and he met Jack Pearcy,
- 4:38Speaker 2: I think playing pool at a bar. You know, he
- 4:40Speaker 2: didn't really know too much about Jack, but they were
- 4:43Speaker 2: hanging out in Kansas. James Daly, he's having a hard
- 4:47Speaker 2: time after getting back from Vietnam, just getting along and adjusting,
- 4:52Speaker 2: and you know, his wife had sort of had it
- 4:55Speaker 2: with him and kicks him out, so he was sort
- 4:58Speaker 2: of down on his luck where to go. Didn't really
- 5:01Speaker 2: know too much about Jack Pearcy, but they ended up
- 5:04Speaker 2: living together in Florida with Jack Pearcy's girlfriend, Gail Bailey,
- 5:10Speaker 2: who was pregnant with Jack Pearcy's child. And then May fifth,
- 5:14Speaker 2: nineteen eighty five, there's a group of them, Gail Bailey,
- 5:17Speaker 2: Jack Pearcy, of course, James Daly, and a man by
- 5:20Speaker 2: the name of Oza Shaw. Osa Shaw was a friend
- 5:23Speaker 2: of Jack Piercy's from Kansas. He was down there staying
- 5:26Speaker 2: with them, and they are, you know, going from a
- 5:31Speaker 2: bar to a bar, and they see Shelley Bogio and
- 5:34Speaker 2: her sister, and Jack Pearcy knows them. He had been
- 5:37Speaker 2: to their house before and bought drugs from their father,
- 5:41Speaker 2: and he had hung out with Shelley Bogio before. He had,
- 5:44Speaker 2: in fact been told by Shelley Bogio's father, look, you're
- 5:47Speaker 2: too old to be hanging out with my young daughters,
- 5:51Speaker 2: and especially Shelley. They end up going to some bars,
- 5:55Speaker 2: and there's really no dispute about the fact that Shelley
- 5:59Speaker 2: bo Jack Pearcy, Gail Bailey, James, Dally Osa Shaw are
- 6:06Speaker 2: back at the home where Gail, James and Jack live.
- 6:10Speaker 2: What happens afterwards had been the subject of sort of
- 6:14Speaker 2: great debate. Who was with Shelley Bogio alone during the
- 6:18Speaker 2: time frame that the state established at both the trial
- 6:21Speaker 2: of Jack Pearcy and James Daly she was murdered. They
- 6:23Speaker 2: said it was between one thirty and three thirty am.
- 6:26Speaker 2: That's never really been challenged, all right, that is the
- 6:29Speaker 2: window of the time of death. At some point Jack
- 6:32Speaker 2: Pearcy leaves that house with Shelley Bogio. In the past,
- 6:38Speaker 2: Jack has tried to push back the time frame of
- 6:41Speaker 2: when this happened because he knows what the state's been
- 6:44Speaker 2: able to establish in terms of when Shelley Bogio died,
- 6:47Speaker 2: So he claims I left with Shelley Bogio around eleven thirty.
- 6:51Speaker 2: I then came back to get James Daly and the
- 6:53Speaker 2: three of us went out together, which makes absolutely no sense.
- 6:58Speaker 2: He was with this girl that he obviously want to
- 7:00Speaker 2: have sex with. He was flirting with her by all accounts.
- 7:05Speaker 2: Gail Bailey has even admitted that he had been flirting
- 7:08Speaker 2: with her earlier in the night that he danced with her.
- 7:11Speaker 2: Gail Bailey got pissed off, so it makes no sense
- 7:14Speaker 2: that he would want to go back and get James
- 7:16Speaker 2: Dally get another man involved. But he claims that he
- 7:19Speaker 2: went back to the house and got James Daly and
- 7:22Speaker 2: it's during that time that they went to a bar
- 7:25Speaker 2: and that James Daly, Jack Pearcy, and Shelly Bozio drive
- 7:29Speaker 2: to an area close to the bar, and before he
- 7:32Speaker 2: knows what's going on, James Daly pounces on top of
- 7:35Speaker 2: Shelley Bogio when she rebuffs his advances and just starts
- 7:39Speaker 2: stabbing her like a madman.
- 7:41Speaker 1: So let me get this straight. Jack Piercy tells the
- 7:43Speaker 1: police a story placing James Daily with he and Shelley
- 7:46Speaker 1: Bojio between one thirty and three thirty in the morning,
- 7:48Speaker 1: the timeframe of her death. But what prompted him to
- 7:51Speaker 1: implicate his friend. Was it just the simplest way to
- 7:54Speaker 1: shift the blame from himself?
- 7:56Speaker 2: Well, we don't have to speculate, because I asked him
- 7:59Speaker 2: that I went to visit Jack Pearcy back in December
- 8:03Speaker 2: and January and March. He confessed to me that he
- 8:06Speaker 2: did this alone. He doesn't know me. I just walk
- 8:09Speaker 2: into the prison off the street. I tell him I'm
- 8:11Speaker 2: from the Innocence Project. There's a death warrant sign for
- 8:14Speaker 2: James Daily. Are you going to do the right thing?
- 8:18Speaker 2: That was literally almost the extent of my conversation, and
- 8:22Speaker 2: I remember counting to seven hundred and sixty one, just
- 8:26Speaker 2: sitting there and getting comfortable in the silence and just
- 8:29Speaker 2: letting him think. He you know, got a kind of
- 8:35Speaker 2: emotional and he said, do you have an affidavit? And I,
- 8:40Speaker 2: you know, handed him one sheet of paper that basically
- 8:43Speaker 2: said I did this alone. James Daly had nothing to
- 8:45Speaker 2: do with it. And he signed it and he said,
- 8:47Speaker 2: just make sure my family's not there. So it was
- 8:49Speaker 2: clear to me that he had not only done this.
- 8:51Speaker 2: I knew that he had done it. He knew that
- 8:53Speaker 2: he had done it, and he just didn't want to
- 8:55Speaker 2: admit to it in front of his family, and I said,
- 8:57Speaker 2: why did you even implicate James Daily in the first place?
- 9:01Speaker 2: And he looked at me kind of like, do you
- 9:04Speaker 2: really need to ask me that question, kind of smirk
- 9:06Speaker 2: on his face, and he said, well, who admits to
- 9:08Speaker 2: committing a murder on their own? He said, I was
- 9:10Speaker 2: trying to get the attention off of me. And look,
- 9:14Speaker 2: he had done this before. He had accepted money to
- 9:18Speaker 2: murder someone stake the person out, and he got caught.
- 9:21Speaker 2: He never actually went through with the murderer because there
- 9:23Speaker 2: was too much sort of heat on him, but he
- 9:25Speaker 2: ended up flipping on his co defendant and getting himself
- 9:29Speaker 2: out of that crime. He had done this before and
- 9:31Speaker 2: he figured, I'm going to do it again, and he
- 9:34Speaker 2: told me that. So we don't have to speculate there this.
- 9:38Speaker 1: Let's call him what he is, a scumbag. Piercy kept
- 9:42Speaker 1: slipping through the cracks, and he should, by anybody's definition,
- 9:45Speaker 1: have been in prison. And had that been the case,
- 9:48Speaker 1: Shelley Bojio would still be alive and your client would
- 9:52Speaker 1: not be in prison for this crime because it never
- 9:54Speaker 1: would have happened. And that's a tragedy on top of
- 9:56Speaker 1: a tragedy. So, Josh, we know this story that Jack
- 9:59Speaker 1: Piercy made up, but what about the real story of
- 10:02Speaker 1: what happened that awful night.
- 10:04Speaker 2: You know, they say that the truth always catches up
- 10:06Speaker 2: to the lie, especially when someone is talking. Jack Pearcy
- 10:09Speaker 2: has talked over the years. He has confessed to this crime.
- 10:12Speaker 2: He has signed Affidavid's declarations. And what ends up happening
- 10:17Speaker 2: is he ends up getting pressure applied on him by
- 10:20Speaker 2: his family and he ends up having to go to
- 10:23Speaker 2: court to affirm the affidavit or the declaration, and he
- 10:27Speaker 2: gets cold feet, as family says to him, you know,
- 10:30Speaker 2: you should not be admitting to this. You're going to
- 10:33Speaker 2: break our hearts. We've been telling people you're innocent, and
- 10:36Speaker 2: now we can't do that anymore. Your son will never
- 10:38Speaker 2: come visit you again, and so forth. And when he
- 10:40Speaker 2: goes to court, he then just takes the fifth So
- 10:44Speaker 2: here's what really happened, And now Jack Piercy has admitted it,
- 10:48Speaker 2: although he didn't realize he was admitting it. And I'll
- 10:50Speaker 2: explain that in a minute. What really happened is that
- 10:53Speaker 2: they go back to the house. Gail Bailly, his pregnant girlfriend,
- 10:58Speaker 2: is in the bathroom. Ajames Daly is in his room.
- 11:02Speaker 2: Osa Shaw is on the couch and Jack Pearcy uses
- 11:06Speaker 2: this as an opportunity to leave with Shelley Bogio. Jack
- 11:09Speaker 2: Pearcy says, Shelley, let's get out of here. Osa Shaw says,
- 11:13Speaker 2: I want to go with you. I have to make
- 11:14Speaker 2: a phone call. And remember we're in the mid eighties,
- 11:18Speaker 2: so they took him to a payphone. Osa Shaw has
- 11:22Speaker 2: been consistent that he leaves the house with Jack Pearcy,
- 11:27Speaker 2: Shelley Bogio. It's just the three of them. James Daly
- 11:31Speaker 2: and Gail Bailey are back at the house, all right,
- 11:34Speaker 2: There is no dispute about that. Jack Pearcy drives Osa
- 11:38Speaker 2: Shaw with Shelley Bogio to a payphone. Osa Shaw is
- 11:42Speaker 2: calling his wife and a girlfriend of his and he's
- 11:46Speaker 2: on the phone for ten to fifteen minutes, and Shelley
- 11:50Speaker 2: Bogio and Jack Pearcy get impatient and they start honking
- 11:55Speaker 2: the horn. Osa Shaw finally says, go ahead and take
- 11:58Speaker 2: off because the payphone is a short walk away from
- 12:01Speaker 2: where the house is. So Shelley Bogio and Jack Piercy
- 12:05Speaker 2: leave and they're alone now up until March of this year.
- 12:09Speaker 2: Jack Piercy has always maintained that, yes, that happened, but
- 12:14Speaker 2: it was at about eleven thirty at night, because he
- 12:17Speaker 2: knows what the time of death is, he knows what
- 12:20Speaker 2: that window is, so he always pushes this event back
- 12:22Speaker 2: to earlier in the evening. He claims that he went
- 12:25Speaker 2: back to the house and got James Daily. There's a
- 12:29Speaker 2: lot of problems with that. Osa Shaw has always been
- 12:33Speaker 2: consistent to the following. At some point in the evening,
- 12:38Speaker 2: Jack Pearcy comes back to the house and he does
- 12:42Speaker 2: not have Shelly Bogio with him anymore, goes into James
- 12:45Speaker 2: Daly's bedroom, wakes James Daily up, and the two of
- 12:50Speaker 2: them leave together. And this is critical, right because when
- 12:56Speaker 2: was this? When in time was this? And you know,
- 13:00Speaker 2: we get to the next part of the story, which
- 13:02Speaker 2: is Jack Pearcy's unwitting admission and the latest turn in
- 13:06Speaker 2: this case. And he gives me that time.
- 13:09Speaker 1: Yeah, but he's done this to you time and again,
- 13:11Speaker 1: an admission which he then won't fess up to in
- 13:14Speaker 1: open court. How many times has he played this game
- 13:17Speaker 1: with you?
- 13:18Speaker 2: So Jack Piercy, back in nineteen ninety three, back in
- 13:21Speaker 2: two thousand and seventeen, and then as recently as late
- 13:25Speaker 2: last year has admitted in sworn statements that he committed
- 13:28Speaker 2: the crime alone, that James Daly had nothing to do
- 13:31Speaker 2: with it, and then he always wiggles out of it.
- 13:33Speaker 2: So after he gives me the affidavit, I have to
- 13:36Speaker 2: file it in court, and the papers in Tampa back
- 13:39Speaker 2: in December and January pick it up. Piercy has confessed again.
- 13:43Speaker 2: But I have phone calls between his mother and him
- 13:46Speaker 2: after the papers pick up that he's confessed now to me.
- 13:49Speaker 2: His mother starts telling him, how could you do this
- 13:51Speaker 2: to us? We've always maintained that you were innocent. Now
- 13:54Speaker 2: we can never say that again. Your son will never
- 13:56Speaker 2: come visit you again. And he comes up with this
- 14:00Speaker 2: crazy story to his mother on the phone and he says,
- 14:03Speaker 2: you know, I just did this because they're digging around
- 14:06Speaker 2: these lawyers for James daily and they'll be able to
- 14:08Speaker 2: do something that will benefit me one day. How in
- 14:11Speaker 2: the world could something that we are doing as James
- 14:15Speaker 2: Daly's lawyers to show that Jack Piercy committed the crime
- 14:18Speaker 2: alone somehow help Jack Pearcy one day. I mean, it's
- 14:22Speaker 2: just the opposite, but putting that aside for a minute.
- 14:26Speaker 2: I then go see him in I believe February or
- 14:29Speaker 2: March of this year, because the court has set a hearing.
- 14:33Speaker 2: I asked to go and take his deposition, and he
- 14:38Speaker 2: tells me, I've changed my mind. I'm no longer going
- 14:41Speaker 2: to say I did this alone. You know, I guess
- 14:44Speaker 2: not out of the realm of possibility that he would
- 14:46Speaker 2: try to wiggle out again. So I am there deposing him. Okay,
- 14:51Speaker 2: with me, There's a prosecutor from the state of Florida
- 14:54Speaker 2: sitting there, and it's myself and an attorney from Millbank
- 14:57Speaker 2: who is working on the case with me, Scott Edelman,
- 15:00Speaker 2: and I'm asking him questions, all within the context of
- 15:05Speaker 2: him now recanting and saying James Daily committed the crime.
- 15:09Speaker 2: I was just there and I say to him, when
- 15:12Speaker 2: was it that you were with Shelley Bogio alone? He
- 15:15Speaker 2: says all about eleven thirty at night, because remember he
- 15:18Speaker 2: knows the time frame. So I said to him, well,
- 15:22Speaker 2: was it before or after you dropped Oza Shaw off
- 15:25Speaker 2: of that phone booth? He says, without a doubt, I
- 15:29Speaker 2: went with Shelley Bogio alone to have drinks after I
- 15:34Speaker 2: dropped Oza Shaw at the phone booth. The following is
- 15:38Speaker 2: not known to Jack Pearcy. I have phone records from
- 15:41Speaker 2: that phone booth call. I have the people that he
- 15:46Speaker 2: called their phone records showing that the calls happened at
- 15:50Speaker 2: one point fifteen in the morning, and that the wife
- 15:54Speaker 2: and the girlfriend claim, as Osa Shaw does, that the
- 15:58Speaker 2: calls took forty five minutes and hour. So now we're
- 16:02Speaker 2: at two point fifteen in the morning, that it takes
- 16:05Speaker 2: fifteen minutes to walk back to the house, that Oza
- 16:08Speaker 2: Shaw gets back to the house, and Jack Pearcy isn't
- 16:12Speaker 2: back yet, that he sits on the couch for forty
- 16:15Speaker 2: five minutes an hour with Gail Bailly, and Gail Bailey
- 16:20Speaker 2: is distraught that Jack Pearcy left with Shelley Boggio. Hours
- 16:25Speaker 2: pass by Oza Shaw's estimation. It's now three point thirty
- 16:29Speaker 2: three forty five in the morning. That is when Jack
- 16:33Speaker 2: Pearcy gets back alone. That is the truth catching up
- 16:38Speaker 2: to the lie. That is the very first time Jack
- 16:43Speaker 2: Pearcy had ever under oath put himself square in the
- 16:48Speaker 2: timeframe that this murder is committed between one thirty and
- 16:53Speaker 2: three point thirty alone with the victim. And this should
- 16:56Speaker 2: have been earth shattering to the courts. It's certainly was
- 17:00Speaker 2: earth shattering to me. And as you know, I'm speaking
- 17:04Speaker 2: these words, just two days ago, you know, got an
- 17:08Speaker 2: order from the court denying my motion to have a
- 17:12Speaker 2: cumulative hearing of all of the overwhelming evidence of James
- 17:15Speaker 2: Dally's innocence because they now claim that the deposition that
- 17:19Speaker 2: I took was a quote discovery deposition and it's not admissible,
- 17:24Speaker 2: and it is just you know, if I had any
- 17:28Speaker 2: tears left in me, I would cry them. You know,
- 17:31Speaker 2: it's just beyond frustrating. Doesn't do it justice. I mean,
- 17:36Speaker 2: the fact that Jack Piercy has been able to wiggle
- 17:39Speaker 2: out of these confessions and that the criminal justice system
- 17:42Speaker 2: in Florida just continues to look the other way and
- 17:45Speaker 2: allow it to happen because of these ridiculous legal technicalities.
- 17:49Speaker 2: I don't even think that the judge respectfully was right
- 17:52Speaker 2: about it is just mind mending.
- 18:03Speaker 1: So Jack Pearcy finally gave an admission that he couldn't
- 18:06Speaker 1: wiggle out of. However, the court then won't allow it
- 18:09Speaker 1: to be admitted as evidence, which is just fucking insane.
- 18:14Speaker 1: And of course doesn't make any of it less true.
- 18:18Speaker 1: But I still have a few questions about the night
- 18:20Speaker 1: of the crime. What happened when Piercy came back to
- 18:23Speaker 1: the house to get James Daly out of bed, and
- 18:25Speaker 1: how did his pants get wet?
- 18:27Speaker 2: So it can be no earlier than three p forty
- 18:29Speaker 2: five in the morning, and Jack Pearcy gets home and
- 18:31Speaker 2: he's by himself, and Oza Shaw is rock solid about this.
- 18:36Speaker 2: He has never wavered on this in all the years
- 18:38Speaker 2: he's given testimony. In this case. Jack Pearcy goes into
- 18:42Speaker 2: James Daly's room, wakes him up, and then they leave together. Now, look,
- 18:47Speaker 2: I don't know whether that was because Jack Pearcy was
- 18:50Speaker 2: freaked out, he was looking for an alibi. Who knows
- 18:55Speaker 2: why he did what he did next.
- 18:57Speaker 1: He probably didn't want to face the wrath of his
- 19:00Speaker 1: girlfriend who he had just treated so horribly, right, I mean,
- 19:04Speaker 1: he left her pregnant in the house while he went
- 19:06Speaker 1: out to try to have sex with this underage girl.
- 19:10Speaker 2: I can tell you that he told me that he
- 19:13Speaker 2: was freaked out and then he just wanted to talk
- 19:16Speaker 2: and have some beers. He takes James Daly to a
- 19:19Speaker 2: different location than the murder occurred. They have beers and
- 19:23Speaker 2: smoke a joint and he says, look, I need you
- 19:26Speaker 2: to move out. We need your room because the baby
- 19:29Speaker 2: is coming soon. Remember Gail Bailey is pregnant. And what
- 19:34Speaker 2: James Daly has said, and what Jack Piercy in fact
- 19:37Speaker 2: told me, is they pop the trunk on the car
- 19:40Speaker 2: to sit on the back bumper, and that there's a
- 19:43Speaker 2: frisbee in the back seat and they're parked on the waterway,
- 19:47Speaker 2: and that James daily whips it up in the air.
- 19:49Speaker 2: That was like his thing. He would always like fling
- 19:52Speaker 2: the frisbee up in the air and try to boomerang
- 19:54Speaker 2: it back to himself. And that at some point it
- 19:56Speaker 2: went into like the shallow water, and that James Dilly
- 19:59Speaker 2: waited out there and got it, so he had wet
- 20:03Speaker 2: pants when they both got back. Oza Shaw and Gail
- 20:07Speaker 2: Bailey see them come home and Piercy is dry and
- 20:11Speaker 2: James Daly has wet pants, and the police say, aha,
- 20:16Speaker 2: he must have been the one that murdered Shelley Bogio.
- 20:20Speaker 2: And look, Jack Pearcy has told me that what happened
- 20:23Speaker 2: with the frisbee happened, And you know, to any of
- 20:26Speaker 2: the listeners that are thinking, well that sounds odd, Well,
- 20:28Speaker 2: you know what it might. But I can tell you
- 20:31Speaker 2: that in every single case that I have worked on
- 20:35Speaker 2: where somebody is innocent, they always live with what can
- 20:40Speaker 2: be an inconvenient fact. And I'm going to leave you
- 20:43Speaker 2: with this thought. When Jack Pearcy implicates him, James Daly
- 20:49Speaker 2: is living under his own name. He has moved to
- 20:52Speaker 2: California at this point, it's six months later. He started
- 20:56Speaker 2: a kitchen cabinet company with a friend and the police
- 21:00Speaker 2: ask him six months later, we heard from Oza Shaw
- 21:03Speaker 2: and Gail Bailey that you had wet pants that night.
- 21:06Speaker 2: You know, he can quickly compute, well, Gail Bailey is
- 21:09Speaker 2: the mother of Jack Pearcy's child. At this point, Osa
- 21:13Speaker 2: Shaw is an old friend of Jack Piercy's. They're both
- 21:16Speaker 2: going to cover for Jack Pearcy. He could have quickly
- 21:18Speaker 2: said bullshit, my pants were dry, But he lives with
- 21:23Speaker 2: the inconvenient fact because he's innocent, and he says, yeah,
- 21:27Speaker 2: they were wet then, and here's what happened. That is
- 21:29Speaker 2: a hallmark of innocence, a hallmark of innocence. He lives
- 21:33Speaker 2: with that because he thinks that the police are just
- 21:35Speaker 2: going to believe him and actually investigate this.
- 21:38Speaker 1: Right, It's not like they could have gone back in
- 21:40Speaker 1: time and found some wet stain on something. It would
- 21:43Speaker 1: have been the easiest thing for him to say that,
- 21:45Speaker 1: you're absolutely right. That being said, Piercy goes to trial.
- 21:48Speaker 1: It sounds like he didn't have a snowballs chance and hell,
- 21:50Speaker 1: and sure enough he's convicted.
- 21:52Speaker 2: And the state seeks the death penalty against Jack Pearcy
- 21:56Speaker 2: and they don't get it.
- 21:58Speaker 1: He gets life understanding and correct me if I'm wrong,
- 22:02Speaker 1: is that there's a line between the fact that the
- 22:06Speaker 1: state failed to get the death penalty that they sought
- 22:10Speaker 1: against Piercy, so they wanted to execute somebody for this
- 22:15Speaker 1: awful crime, and that led them to do a number
- 22:20Speaker 1: of terrible, terrible things.
- 22:23Speaker 2: What happens next is the prosecutor send police in to
- 22:26Speaker 2: the Penelas County Jail where James Daly is being held
- 22:30Speaker 2: pre trial to start building a better case against James Daily.
- 22:34Speaker 2: And they don't have anything to go on with James Daily.
- 22:36Speaker 2: Accept these wet pants, and it is Operation Frame James Daily.
- 22:43Speaker 2: And if you want more about exactly what happened, we
- 22:46Speaker 2: could never cover in this timeframe. Pamela Colov wrote an
- 22:50Speaker 2: amazing investigative piece about jailhouse snitches, in particularly the one
- 22:55Speaker 2: in this case, in pro publica in the New York Times.
- 22:57Speaker 2: But they start pulling people off the pod where James
- 23:01Speaker 2: Daily was housed had been housed, and what they start
- 23:04Speaker 2: hearing from inmates is over and over again, he tells
- 23:09Speaker 2: us he had nothing to do with this, He's innocent.
- 23:12Speaker 2: And then the detectives let it be known to inmates
- 23:15Speaker 2: that if you have information leading to the conviction of
- 23:20Speaker 2: James Daily, if you can help us with the case,
- 23:22Speaker 2: there's a deal to be had for you. And at
- 23:25Speaker 2: first they get no takers. They start pulling some of
- 23:28Speaker 2: the same inmates off the pod, and now they have
- 23:31Speaker 2: newspaper articles about the crime sitting in front of them,
- 23:35Speaker 2: and one of these inmates has said in pam Colloff's story, look,
- 23:39Speaker 2: I could have easily made something up by reading the
- 23:41Speaker 2: newspaper articles that they put in front of me. But
- 23:44Speaker 2: they get no takers. They ultimately sort of are giving
- 23:48Speaker 2: up hope getting a snitch against James Daily, and then
- 23:52Speaker 2: enter Paul Skealnick. And Paul Skealnick was housed at that
- 23:57Speaker 2: jail and he was someone that was known to Penelas
- 24:03Speaker 2: County police officers. He was known to that prosecutor's office.
- 24:06Speaker 2: He had cooperated in forty some odd cases. And they
- 24:11Speaker 2: knew he was a liar. They knew that he had
- 24:15Speaker 2: no way of knowing the things that he knew, and
- 24:17Speaker 2: they knew that he was a liar in this case
- 24:19Speaker 2: from the outset. Because what happens is Paul Skolnick had
- 24:23Speaker 2: already tried to get himself a deal in connection with
- 24:26Speaker 2: Jack Pearsy's case. He goes to investigators and he says,
- 24:29Speaker 2: I have information about Jack Pearcy, and they said, uh,
- 24:33Speaker 2: he's already been convicted. We don't need information about Jack Pearcy.
- 24:37Speaker 2: So then he takes another try and he says, well,
- 24:39Speaker 2: now I have information about James Daily. They should have
- 24:43Speaker 2: said to him, come on, buddy enough, but shockingly they
- 24:46Speaker 2: listened to him. And the tale he tells them has
- 24:50Speaker 2: already been found by the Florida Supreme Court to be impossible.
- 24:55Speaker 2: They have, in commenting on appeals that James Daly has made,
- 24:58Speaker 2: said the layout of the jail makes his story nuts.
- 25:01Speaker 2: It doesn't make any sense. Now, remember, he's a known
- 25:04Speaker 2: snitch in this jail. Paul Skalnick is radioactive. No one's
- 25:09Speaker 2: going near him. He's cooperated in countless cases. Everybody knows
- 25:12Speaker 2: he's in a single cell. So Skalmich tells this crazy
- 25:18Speaker 2: story at James Dally's trial that James Dally is mosing
- 25:23Speaker 2: past the cell, stops, turns to him for some unknown
- 25:30Speaker 2: reason and says, she wouldn't shut up, and I killed her.
- 25:36Speaker 1: So we cannot overstate the disgusting practice of using lying,
- 25:43Speaker 1: incentivized jailhouse snitches who basically condemned their victims to death
- 25:49Speaker 1: in exchange for extremely lenient treatment. And Skalnik is one
- 25:54Speaker 1: of the most grotesque examples of this. And what I
- 25:56Speaker 1: mean by that is in nineteen eighty two, he was
- 25:59Speaker 1: charged with sexually assaulting a child. The case was strong,
- 26:04Speaker 1: and the victim, this brave little girl, was prepared to testify,
- 26:08Speaker 1: but officials never prosecuted him for the crime. Instead, he
- 26:12Speaker 1: pleaded no contest to a separate and far less serious
- 26:16Speaker 1: charge of grand theft.
- 26:18Speaker 2: There is incontrovertible evidence that the prosecutors knew that Paul
- 26:22Speaker 2: Skolnick lied on the witness stand about his past charges
- 26:28Speaker 2: of sexual assault against minors, and they did nothing about it,
- 26:33Speaker 2: they didn't correct it. And you know, Paul Skealnick lies
- 26:38Speaker 2: to the jury and says that he wasn't promised any deal.
- 26:42Speaker 2: He ends up walking out of jail five days after
- 26:47Speaker 2: James Daly is sentenced to death.
- 26:49Speaker 1: The State of Florida where And I'll never forget you
- 26:52Speaker 1: saying this to me as we've spoken one of our many,
- 26:55Speaker 1: many conversations about this case, Josh, five or six months ago,
- 26:58Speaker 1: you said to me, you know, my client, James Daly,
- 27:01Speaker 1: is either going to be the one hundredth person executed
- 27:04Speaker 1: by the State of Florida or the thirtieth exonerated from
- 27:07Speaker 1: death row. And that gives me the chills because what
- 27:09Speaker 1: that says to us is that the State of Florida,
- 27:13Speaker 1: even if everyone who they've executed before was guilty, and
- 27:17Speaker 1: we know that that is not the case because Jesse
- 27:19Speaker 1: to Pharaoh, and the list goes on, but they're not
- 27:23Speaker 1: even batting seven hundred and yet they continue to let
- 27:29Speaker 1: the machinery of death wind its way, grind its way through,
- 27:34Speaker 1: and daily is in their sights. Has been for a
- 27:38Speaker 1: long time, but now so more than ever, which makes
- 27:40Speaker 1: this even more urgent that you're here.
- 27:42Speaker 2: This case has gained so much attention, and hopefully through
- 27:46Speaker 2: this podcast that gains more because it is just the
- 27:48Speaker 2: perfect unfortunate storm of injustice. James Daly has been sitting
- 27:54Speaker 2: there in this narrow, dank cell for thirty plus us years,
- 28:00Speaker 2: suffocating in the eventuality that the State of Florida is
- 28:04Speaker 2: going to take his life for something he did not do.
- 28:09Speaker 2: And you know, if the courts are not going to
- 28:11Speaker 2: give him the justice that he deserves and give the
- 28:16Speaker 2: Boggio family the proper closure they deserve by making sure
- 28:20Speaker 2: that we don't compound a tragedy by taking another innocent life,
- 28:24Speaker 2: I have to keep fighting. You know, the state of
- 28:27Speaker 2: Florida has an opportunity to be a catch all, a
- 28:30Speaker 2: fail safe. Governor Ronda Santis can make clemency in Florida matter.
- 28:36Speaker 2: Pam call Off said it best. There is a problem
- 28:39Speaker 2: with the death penalty in Florida. It is no small
- 28:42Speaker 2: wonder and it is not some coincidence that Florida has
- 28:47Speaker 2: more death rogues honerations than any other state in the country.
- 28:50Speaker 2: And there is a clemency process in Florida that does
- 28:54Speaker 2: not really apply to death penalty prisoners unless they're willing
- 28:59Speaker 2: to go and show some sort of contrition, and James
- 29:02Speaker 2: Daly is not going to show contrition for something he
- 29:05Speaker 2: didn't do. So there's a lot to fight for these days,
- 29:09Speaker 2: and the James Daily case is one of them. We're
- 29:12Speaker 2: seeing right now the power of united voices. Unity, brings change, pressure,
- 29:18Speaker 2: breaks pipes. To stand by idly in the face of
- 29:22Speaker 2: injustice is not an option anymore. That applies to cases
- 29:26Speaker 2: of innocence, police brutality against people of color in this country.
- 29:31Speaker 2: We have to stand up to it all.
- 29:32Speaker 1: I'm sure people are listening saying I want to do
- 29:34Speaker 1: something about this James Daily situation. It's awful. Is there
- 29:38Speaker 1: something that people can do in.
- 29:40Speaker 2: Terms of the James Daily case. We need as many
- 29:43Speaker 2: listeners as we can to sign the petition to the
- 29:46Speaker 2: Governor's office that this cannot stand. That if the courts
- 29:50Speaker 2: do not give James Daily justice, that we need there
- 29:54Speaker 2: to be a real clemency hearing where I can present
- 29:57Speaker 2: all of the stunning evidence James Daly's innocence.
- 30:01Speaker 1: Please everyone, scroll down into this episode's description, click the link,
- 30:07Speaker 1: sign the petition and help bring James Daly home. There
- 30:19Speaker 1: really is a when it all cost mentality among prosecutors.
- 30:22Speaker 1: It's at the heart of a lot of the problems
- 30:24Speaker 1: plaguing our criminal legal system, you know, resorting to the
- 30:28Speaker 1: use of jailhouse snitches who are totally unreliable and notoriously
- 30:33Speaker 1: incentivized and wrongly incentivized. It's just one of the many,
- 30:36Speaker 1: many symptoms of a systemic disease at the root of
- 30:40Speaker 1: so many wrongful conviction cases. Now, Josh, if you could
- 30:44Speaker 1: focus on one particular way in which wrongful convictions are obtained,
- 30:48Speaker 1: what's the first thing that comes to mind.
- 30:50Speaker 2: The first thing that comes to mind to me is
- 30:53Speaker 2: reverse engineering, working from a place of wanting to get
- 30:57Speaker 2: a desired result, having an idea, a hunch, of feeling,
- 31:02Speaker 2: a notion that someone did something, and then using pseudoscience
- 31:07Speaker 2: or some justification for it. And that's what we see
- 31:11Speaker 2: in so many of these cases. The almost every single
- 31:15Speaker 2: case that I have worked on that involves an innocent
- 31:17Speaker 2: man or woman involves some form of junk science.
- 31:21Speaker 1: You know.
- 31:21Speaker 2: Look, the gold standard for forensic science in this country
- 31:25Speaker 2: is the National Academy of Sciences, and there was a
- 31:28Speaker 2: bombshell report in two thousand and nine where the National
- 31:32Speaker 2: Academy of Science has found that many of these so
- 31:35Speaker 2: called forensic disciplines that are used in cases all over
- 31:39Speaker 2: the country going backwards thirty forty fifty years, and still
- 31:43Speaker 2: to this date, this is in two thousand and nine,
- 31:46Speaker 2: found that they weren't science at all, called out bitemark evidence,
- 31:51Speaker 2: is saying there's no scientific basis for it whatsoever, And
- 31:54Speaker 2: still to this day, courts all over the country except
- 31:57Speaker 2: bitemark evidence. They were critical blood spatter, evidence, of footwear impressions.
- 32:03Speaker 2: Arson Are these disciplines objective, reliable? Can they be repeated?
- 32:09Speaker 2: Can they be confirmed? And because of this phenomenon called
- 32:13Speaker 2: legal precedent, where judges just say, well it was accepted before,
- 32:16Speaker 2: I'll keep on accepting it, they keep on admitting it
- 32:20Speaker 2: all over the country, and innocent men and women are
- 32:22Speaker 2: having their lives destroyed because so called experts get on
- 32:26Speaker 2: a witness stand and say, well, I can match these
- 32:30Speaker 2: teeth marks to this individual, on these bite marks on
- 32:34Speaker 2: that victim, and to a degree of scientific certainty that
- 32:37Speaker 2: individual did the biting. They were the perpetrator. In Clementia
- 32:42Speaker 2: Giri's case, there was blood all over the crime scene.
- 32:45Speaker 2: It was no small wonder that the blood came from
- 32:47Speaker 2: the two victims. The reason that they were collecting the
- 32:49Speaker 2: blood of the crime scene was to try to determine
- 32:53Speaker 2: who the perpetrator was. And that's not because I say so.
- 32:57Speaker 2: The crime scene investigators in that very case admitted that
- 33:01Speaker 2: the reason that they were collecting the blood was to
- 33:03Speaker 2: figure out who the perpetrator was. They never tested a
- 33:06Speaker 2: single drop of blood.
- 33:08Speaker 1: We had to test it.
- 33:10Speaker 2: They were analyzing footwear impressions, and Clementee Geary had admitted
- 33:16Speaker 2: that he happened upon the bodies and walked through the
- 33:19Speaker 2: crime scene. There was no small wonder that his shoes
- 33:23Speaker 2: made some impressions. There were impressions that were never looked at.
- 33:26Speaker 2: That's a case of just ignoring the the forensic evidence.
- 33:30Speaker 2: But you know, in so many cases, the conviction comes
- 33:35Speaker 2: down to the jury buying a so called expert that
- 33:38Speaker 2: says only the defendant's teeth could have left that mark
- 33:41Speaker 2: on the victim, when in fact you find out that
- 33:44Speaker 2: the mark on the victim wasn't even a bite mark
- 33:46Speaker 2: at all, or that the blood spatter came from this direction.
- 33:49Speaker 2: And an expert reconstructs the crime in a way that
- 33:52Speaker 2: sounds so convincing to the jury, and they use acronyms
- 33:55Speaker 2: and fancy words, and you find out that this so
- 33:59Speaker 2: called expert doesn't even have a high school education and
- 34:02Speaker 2: took a forty hour course from a man that gave
- 34:05Speaker 2: birth to the discipline of blood spatter in a basement
- 34:08Speaker 2: in Corning, New York that he called the Forensic Institute
- 34:10Speaker 2: of Science. If we really peel back the curtain and
- 34:14Speaker 2: people really see what's going on, what I think is
- 34:17Speaker 2: going to happen is I think you are going to
- 34:20Speaker 2: be just horrified that courts admit this stuff. People rely
- 34:26Speaker 2: on it, and it's not juror's faults. It sounds super convincing.
- 34:29Speaker 2: But what I would like is for there to be
- 34:32Speaker 2: a greater awareness about what this is, how to spot
- 34:35Speaker 2: it if you're a juror, and how to scrutinize it
- 34:38Speaker 2: so that we are not convicting innocent people for crimes
- 34:41Speaker 2: they didn't commit.
- 34:43Speaker 1: I emphatically agree with you, Josh. That's why I'm particularly
- 34:49Speaker 1: proud and actually humbled to announce that we are going
- 34:53Speaker 1: to be presenting a brand new series, Wrawful Conviction Junk Science,
- 34:59Speaker 1: and the host will be none other than Josh Dubin,
- 35:01Speaker 1: the man you've been listening to today, And I'm so
- 35:06Speaker 1: excited to be involved with it because I think we're
- 35:08Speaker 1: going to do what I've always wanted to do, which
- 35:11Speaker 1: is to help make better decisions that will lead not
- 35:15Speaker 1: only to less wrongful convictions, but to more rightful ones. Yeah.
- 35:20Speaker 2: So let me start by saying, I'm the one, and
- 35:23Speaker 2: there's like a big love fest. I'm the one that's
- 35:25Speaker 2: humbled and honored. I mean, Jason, you're a personal hero
- 35:27Speaker 2: of mine. I tell you privately all the time. I'll
- 35:30Speaker 2: tell you publicly now. I mean I am honored, humbled
- 35:34Speaker 2: and everything in between. To be the host of what
- 35:36Speaker 2: I think is a really important podcast, it's inspiring, and
- 35:40Speaker 2: I think it's a real opportunity for people to instead
- 35:43Speaker 2: of asking how do I get out of jury service?
- 35:46Speaker 2: Which I always tell people, Well, if you were wrongfully
- 35:48Speaker 2: accused of a crime, wouldn't you want you on the
- 35:50Speaker 2: jury instead of getting out of jury service? If you're
- 35:55Speaker 2: there wanting to be a part of it, especially in
- 35:58Speaker 2: a criminal case, and make or that justice is really done,
- 36:02Speaker 2: and that you're highly inquisitive asking the right questions to
- 36:06Speaker 2: yourself throughout the trial and to your fellow jurorsm when
- 36:09Speaker 2: you deliberate, So we do not have more of these
- 36:11Speaker 2: stories about people getting out after decades have passed, and
- 36:15Speaker 2: rather more stories about them getting acquitted before the damage
- 36:19Speaker 2: is done or more damage is done, because any criminal
- 36:22Speaker 2: prosecution against the innocent is damaging to their families, to them,
- 36:27Speaker 2: and of course to the victim and the victims' families.
- 36:30Speaker 1: So, Josh, as we get ready to sign off, this
- 36:33Speaker 1: is the part of the show where I first of
- 36:36Speaker 1: all thank my guest in this case, you for being here,
- 36:40Speaker 1: and then turn my microphone off and kick back and listen,
- 36:44Speaker 1: because this is the segment of the show called closing.
- 36:47Speaker 2: Arguments, you know, because I feel like this fell on
- 36:52Speaker 2: deaf ears to some extent. I'll just read to you
- 36:56Speaker 2: my closing argument to the court that was recently denied,
- 36:59Speaker 2: and let the listeners judge for themselves how they would
- 37:03Speaker 2: have ruled if they were the judge. This is no
- 37:06Speaker 2: ordinary case. There is no more important legal question in
- 37:11Speaker 2: the American system of justice than whether someone may be
- 37:14Speaker 2: executed without ever had a meaningful opportunity to present the
- 37:19Speaker 2: complete evidence of his or her innocence. Recognizing that the
- 37:24Speaker 2: execution of an innocent person is quote the quintessential miscarriage
- 37:28Speaker 2: of justice end quote, the request is simple. This court
- 37:33Speaker 2: should hear and consider the totality of the evidence before
- 37:36Speaker 2: permitting the State of Florida to execute James Daily. Jack
- 37:41Speaker 2: Pearcy has confessed time and time again that he killed
- 37:45Speaker 2: Shelley Boggio and that James Daly had nothing whatsoever to
- 37:49Speaker 2: do with it. There has been some debate over the
- 37:52Speaker 2: years about the motives behind Piercey's confessions. Indeed, throughout the
- 37:56Speaker 2: course of James Daly's three decade long fight to clear
- 37:59Speaker 2: his name, many have speculated as to why Jack Pearcy
- 38:03Speaker 2: would repeatedly confess to sole responsibility for the murder, only
- 38:08Speaker 2: to later recant. But if in fact James Daily was
- 38:13Speaker 2: the person who murdered Chili Bogio, it makes absolutely no
- 38:17Speaker 2: sense that Jack Pearcy would ever confess to her murder.
- 38:21Speaker 2: After all, it would be James Daly who was responsible
- 38:24Speaker 2: for Jack Pearcy's three decade long wrongful incarceration for in
- 38:28Speaker 2: essence ruining his life. No person in Pearcy's position would
- 38:33Speaker 2: ever confess to a murder that would allow Daily to
- 38:36Speaker 2: escape responsibility. Piercy's most recent effort to explain why he
- 38:41Speaker 2: would have given such a false confession is so irrational
- 38:45Speaker 2: and self serving that it is obviously made up. He
- 38:49Speaker 2: claims that he hoped to gain some advantage of his
- 38:51Speaker 2: own by capitalizing on the efforts of James Daly's legal
- 38:56Speaker 2: team to overturn mister Daly's conviction. But how could Piercy's
- 39:00Speaker 2: legal position ever be helped by his confession that he
- 39:04Speaker 2: committed the crime alone. Once he confessed, there's no chance
- 39:08Speaker 2: that anything mister Daly's legal team would be doing could
- 39:11Speaker 2: somehow benefit Piercy. Moreover, we James Daly's legal team remain
- 39:17Speaker 2: engaged in a tremendous effort to fight his wrongful conviction.
- 39:21Speaker 2: So even if you take Piercy at his word that
- 39:24Speaker 2: he confessed to gainst some sort of legal benefit of
- 39:26Speaker 2: his own, which again makes no sense, he would be
- 39:30Speaker 2: more incentivized than ever to sit back and see how
- 39:32Speaker 2: things unfold. So what changed. The only thing that changed
- 39:39Speaker 2: is that Piercy's mother read about his latest confession in
- 39:42Speaker 2: the newspaper and expressed her genuine despair. Piercy's mother also
- 39:47Speaker 2: alerted him to the consequences of his confession with respect
- 39:51Speaker 2: to his son. So what is far more probable is
- 39:54Speaker 2: that Jack Piercy's guilty conscience, burdened by the knowledge that
- 39:58Speaker 2: he may be responsible for and yet another innocent person,
- 40:02Speaker 2: has caused him to confess his sole responsibility numerous times,
- 40:06Speaker 2: only to recant when faced with his mother's grief and
- 40:10Speaker 2: the fear that his family might shun him if he
- 40:12Speaker 2: finally comes clean about what he did. The court need
- 40:17Speaker 2: not reach a conclusion on this issue. Reasonable minds can
- 40:20Speaker 2: disagree about the motive behind Jack Pearcy's confessions and ensuing recantations. However,
- 40:27Speaker 2: one thing is for certain. Jack Pearcy has managed to
- 40:31Speaker 2: wiggle out of these confessions in the past by disgracefully
- 40:35Speaker 2: gaming the legal system at the expense of James Dally's
- 40:38Speaker 2: grueling pursuit of the truth and the Boggio family's right
- 40:42Speaker 2: to closure. At long last, the games should end here
- 40:48Speaker 2: under oath, when the state had the full and fair
- 40:51Speaker 2: opportunity to cross examine him, Piercy let the truth slip,
- 40:55Speaker 2: and he did so in the context of yet another
- 40:58Speaker 2: recantation of a confession committed the crime alone. This is
- 41:02Speaker 2: earth shattering for James Daly's fight for justice. This is
- 41:07Speaker 2: the truth catching up to the line. Now the Florida
- 41:11Speaker 2: Evidence Code requires that this new evidence, in fact, this
- 41:14Speaker 2: critical admission that places Piercy alone with Shelley Boggio during
- 41:19Speaker 2: the time frame in which you was murdered, be held
- 41:22Speaker 2: up to the bright light of the truth. Indeed, let
- 41:26Speaker 2: it be placed on the scales of justice along with
- 41:29Speaker 2: the cumulative extraordinary evidence of James Daly's innocence. Then until
- 41:34Speaker 2: now has been hidden from the eyes of the law
- 41:36Speaker 2: due to procedural obstacles. Let us then see how the
- 41:40Speaker 2: scales tip once and for all. Now that was rejected
- 41:47Speaker 2: by the court. And I ask you, is that asking
- 41:50Speaker 2: too much? If the courts are not going to listen
- 41:54Speaker 2: and simply have a hearing and let us present the evidence.
- 41:57Speaker 2: I would ask your listeners to please help us by
- 42:00Speaker 2: joining the fight.
- 42:07Speaker 1: Don't forget to give us a fantastic review wherever you
- 42:10Speaker 1: get your podcasts. It really helps. And I'm a proud
- 42:14Speaker 1: donor to the Innocence Project, and I really hope you'll
- 42:16Speaker 1: join me in supporting this very important cause and helping
- 42:20Speaker 1: to prevent future wrongful convictions. Go to Innocenceproject dot org
- 42:24Speaker 1: to learn how to donate and get involved. I'd like
- 42:27Speaker 1: to thank our production team, Connor Hall and Kevin Wartis.
- 42:30Speaker 1: The music in the show is by three time OSCAR
- 42:32Speaker 1: nominated composer Jay Ralph. Be sure to follow us on
- 42:35Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.
- 42:41Speaker 1: Wrongful Conviction with Jason Flahm is a production of Lava
- 42:44Speaker 1: for Good Podcasts and association with Signal Company Number one