Another of the periodic death penalty controversies is unfolding in Florida. The stay of execution for James Dailey expired yesterday. Governor Ron DeSantis now has to decide whether to grant him a new clemency hearing, or uphold his death sentence. So far, the Governor has not been sympathetic.
New evidence provided by the co-defendant in the Dailey’s murder case has been offered by Jack Pearcy, Dailey’s co-defendant in the 1985 murder of 14-year-old Shelly Boggio. Pearcy was sentenced to life in prison, Dailey to death. Pearcy has written a letter declaring, “James Dailey had nothing to do with the murder of Shelly Boggio. I committed the crime alone.” A federal judge issued a stay until Dec. 30 to give attorneys an opportunity to file appeals.
As the New York Times argued in an editorial, Dailey’s conviction also depended heavily on the testimony of a repeat jailhouse snitch who had a cozy relationship with the prosecutors. The Times says, “The rank injustice of cases like James Dailey’s provides yet another reason, as if more were needed, that the death penalty must be abolished.”
No, it doesn’t. I haven’t studied the case, but based on what I’ve read, it certainly appears that Dailey might be innocent, and thus in his case, the death penalty is unjust. (I agree with the Times that jailhouse snitches are unreliable witnesses and should be regarded by juries with skepticism. On the other side, I don’t find a late claim of guilt exonerating a co-defendant especially persuasive. The guy is locked up for life; he has nothing to lose or gain. ) Continue reading








“I usually tone down the “prophet Jeremiah” flavor notes when I reread these,” wrote Benjamin after I told him that his previous comment was the COTD. I’m glad he didn’t. I prefer strong assertions of ideas and principles ( as you might have noticed ) because they encourage strong reactions.
I decided to write about a two-year-old story about a grandfather who opined that it was “unfair” for a man in a home his grandson was breaking into to shoot the teen and his two fellow home invaders with an AR-15, because they only were carrying a knife and brass knuckles. His absurd lament crystallized nicely the “logic” of anti-gun zealots, who now are about to ban that semiautomatic weapon (among other anti-gun ownership measures) in Virginia, where I live. Benjamin, however, saw larger significance in the the episode.
Here is his Comment of the Day on the post, “Ethics Dunce: Leroy Schumacher, Grieving Grandfather,” which takes off from a quote by another commenter: