James Milton Dailey

Case overview

James Milton Dailey was sentenced to death in Pinellas County, Florida. The case involved the death of 14-year-old Shelly Boggio. Dailey was linked to the events leading to Shelly Boggio’s death after she was hitchhiking with her twin sister Stacey and Stephanie Forsythe near St. Petersburg.

Background

On 05/05/85, the victim, 14 year old Shelly Boggio, her twin sister Stacey, and Stephanie Forsythe were hitchhiking near St. Petersburg.

James Dailey was among the men who picked them up, along with Jack Pearcy and Dwaine Shaw.

The offence

On 05/05/85, 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.

People involved

• James Milton Dailey (defendant)
• Shelly Boggio (victim), 14 year old
• Stacey Boggio (Shelly’s twin sister)
• Stephanie Forsythe
• Jack Pearcy (codefendant)
• Dwaine Shaw (picked up the hitchhiking group)
• Gayle Bailey (Pearcy’s girlfriend)

Codefendant information

Pearcy and Dailey were tried separately for the crime. Pearcy was convicted of First-Degree Murder and sentenced to life imprisonment.

Investigation

The case included issues on appeal concerning admission of state witness testimony and the introduction of evidence including a knife sheath, as well as use of hearsay statements of a police detective, an inmate, and the codefendant (Pearcy).

Trial

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

Trial summary and sentencing recommendation

At trial, the jury recommended a death sentence by a vote of 12-0. Dailey was later sentenced to death.

Sentencing

08/07/87 Sentenced to death

On 01/21/94, the Circuit Court resentenced Dailey to death. A new jury recommendation was not required, and the original jury recommendation vote of 12-0 on 06/30/87 remained intact for the resentencing.

01/21/94 Resentenced to death. New jury recommendation not required

Appeals

Direct appeal 1991

Dailey filed a Direct Appeal with the Florida Supreme Court on 09/21/87, 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);
• considering evidence from Pearcy’s trial in Dailey’s trial.

On 11/14/91, the Florida Supreme Court (FSC) affirmed the conviction, but reversed the death sentence and remanded for resentencing.

Direct appeal 1994

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;
• denying Dailey’s motion to disqualify the judge.

On 05/25/95, the Florida Supreme Court affirmed the death sentence of Dailey.

U.S. Supreme Court

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.

Other proceedings after direct appeals

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.

Timeline

• 05/05/85 — Shelly Boggio (14), her twin sister Stacey, and Stephanie Forsythe were hitchhiking near St. Petersburg; they were picked up by James Dailey, Jack Pearcy, and Dwaine Shaw; the group went to a bar, then to Pearcy’s house; Stacey and Stephanie returned home; 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; later the two men returned without Shelly; Dailey was wearing wet pants and carrying a bundle; later Dailey and Pearcy went to a laundromat and told Gayle to pack because they were going to Miami; Shelly’s nude body was found floating in the water near Indian Rocks Beach; she had been stabbed, strangled, and drowned.
• 01/22/86 — Dailey was 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 — Dailey was sentenced to death.
• 09/21/87 — Dailey filed a Direct Appeal with the Florida Supreme Court.
• 11/14/91 — The Florida Supreme Court affirmed the conviction, but reversed the death sentence and remanded for resentencing.
• 01/21/94 — Dailey was resentenced to death.
• 02/09/94 — Dailey filed a Direct Appeal with the Florida Supreme Court.
• 05/25/95 — The Florida Supreme Court affirmed the death sentence of Dailey.
• 11/21/95 — Dailey filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 01/22/96 — The U.S. Supreme Court denied certiorari.
• 04/01/97 — Dailey filed a 3.850 Motion with the Circuit Court.
• 11/12/99 — The 3.850 Motion was amended.
• 07/20/05 — The Circuit Court denied the motion.
• 08/22/05 — Dailey filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 03/22/06 — Dailey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.

Case details

• Name: James Milton Dailey
• DOB: 06/11/46
• Sixth Judicial Circuit, Pinellas County
• Case # 85-7084
• Date of Offense: 05/05/85
• Date of Sentence: 08/07/87
• Date of Resentence: 01/21/94
• Sentencing Judge: The Honorable Thomas E. Penick
• Attorney, Trial: Hank Andringa and James Denhardt – Private Attorney
• Direct Appeal: A. Anne Owens – Assistant Public Defender (1991); Paul C. Helm, Assistant Public Defender (1995)
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