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Will Florida Kill an Innocent Man? Will Florida Kill an Innocent Man?
(1 day later)
For more than three decades, James Dailey, a Vietnam War veteran, has been sitting on Florida’s death row, condemned to die for the brutal 1985 murder of a teenager named Shelly Boggio.For more than three decades, James Dailey, a Vietnam War veteran, has been sitting on Florida’s death row, condemned to die for the brutal 1985 murder of a teenager named Shelly Boggio.
In October, a federal judge issued a temporary stay of Mr. Dailey’s execution. As soon as the stay expires, on Monday, Gov. Ron DeSantis can schedule a date to have him put to death.In October, a federal judge issued a temporary stay of Mr. Dailey’s execution. As soon as the stay expires, on Monday, Gov. Ron DeSantis can schedule a date to have him put to death.
What Florida officials have so far refused to acknowledge — and what is documented in an infuriating in-depth investigation by Pamela Colloff for The New York Times Magazine and ProPublica — is that Mr. Dailey, 73, is almost certainly innocent.What Florida officials have so far refused to acknowledge — and what is documented in an infuriating in-depth investigation by Pamela Colloff for The New York Times Magazine and ProPublica — is that Mr. Dailey, 73, is almost certainly innocent.
In fact, the local authorities in Pinellas County, on Florida’s Gulf Coast, first prosecuted someone else for Ms. Boggio’s murder — a housemate of Mr. Dailey’s named Jack Pearcy. Mr. Pearcy had a history of arrests for violence against women, was the last person to see Ms. Boggio alive and admitted to the police that he stabbed her — not fatally, he claimed.In fact, the local authorities in Pinellas County, on Florida’s Gulf Coast, first prosecuted someone else for Ms. Boggio’s murder — a housemate of Mr. Dailey’s named Jack Pearcy. Mr. Pearcy had a history of arrests for violence against women, was the last person to see Ms. Boggio alive and admitted to the police that he stabbed her — not fatally, he claimed.
Mr. Pearcy was found guilty, and the jury sentenced him to life in prison. That should have been the end of the matter, but Ms. Boggio’s murder had convulsed Pinellas County, and prosecutors there faced intense pressure to make sure someone paid the ultimate price for it.Mr. Pearcy was found guilty, and the jury sentenced him to life in prison. That should have been the end of the matter, but Ms. Boggio’s murder had convulsed Pinellas County, and prosecutors there faced intense pressure to make sure someone paid the ultimate price for it.
That’s where Mr. Dailey comes in. He acknowledged having met Ms. Boggio on the night of her murder, but he denied killing her, and no direct evidence linked him to the crime. So how did he end up on death row? Largely on the word of one man, Paul Skalnik, a jailhouse informant who told a jury in compelling detail how Mr. Dailey had confessed to him.That’s where Mr. Dailey comes in. He acknowledged having met Ms. Boggio on the night of her murder, but he denied killing her, and no direct evidence linked him to the crime. So how did he end up on death row? Largely on the word of one man, Paul Skalnik, a jailhouse informant who told a jury in compelling detail how Mr. Dailey had confessed to him.
Jailhouse informants are some of the more elusive creatures of the criminal justice system — cycling in and out of jail, always seeming to find themselves in the right place when another inmate decides to unburden himself and confess his crimes to a total stranger. They can help destroy an innocent man’s life, and yet there is virtually no mechanism within the system to hold them, or the prosecutors who quietly use them, accountable.Jailhouse informants are some of the more elusive creatures of the criminal justice system — cycling in and out of jail, always seeming to find themselves in the right place when another inmate decides to unburden himself and confess his crimes to a total stranger. They can help destroy an innocent man’s life, and yet there is virtually no mechanism within the system to hold them, or the prosecutors who quietly use them, accountable.
James Dailey and Paul Skalnik couldn’t have been more different. Before Ms. Boggio’s murder, Mr. Dailey had a single conviction on his record, relating to a bar fight. Mr. Skalnik’s rap sheet runs for miles. From fraud to grand larceny to child sexual assault, he has left a trail of deceit and destruction stretching back to the 1970s. He has been married at least eight times, has falsely claimed to be a Homeland Security agent and a terminally ill cancer patient and has defrauded people out of tens of thousands of dollars. Some of his crimes exposed him to decades behind bars. As early as 1985, two years before his testimony sent Mr. Dailey to death row, the Florida Department of Corrections called him a “con artist of the highest degree.”James Dailey and Paul Skalnik couldn’t have been more different. Before Ms. Boggio’s murder, Mr. Dailey had a single conviction on his record, relating to a bar fight. Mr. Skalnik’s rap sheet runs for miles. From fraud to grand larceny to child sexual assault, he has left a trail of deceit and destruction stretching back to the 1970s. He has been married at least eight times, has falsely claimed to be a Homeland Security agent and a terminally ill cancer patient and has defrauded people out of tens of thousands of dollars. Some of his crimes exposed him to decades behind bars. As early as 1985, two years before his testimony sent Mr. Dailey to death row, the Florida Department of Corrections called him a “con artist of the highest degree.”
Yet while Mr. Dailey faces execution, Mr. Skalnik is a free man. Why? Because, according to Ms. Colloff’s investigation, Mr. Skalnik is “one of the most prolific, and most effective, jailhouse informants in American history.” For decades, he worked hand in hand with Florida prosecutors and law enforcement officials, trading dramatic but suspiciously similar tales of jailhouse confessions for his own freedom.Yet while Mr. Dailey faces execution, Mr. Skalnik is a free man. Why? Because, according to Ms. Colloff’s investigation, Mr. Skalnik is “one of the most prolific, and most effective, jailhouse informants in American history.” For decades, he worked hand in hand with Florida prosecutors and law enforcement officials, trading dramatic but suspiciously similar tales of jailhouse confessions for his own freedom.
In 1982, he was charged with sexually assaulting a child, a crime that could have led to 15 years in prison. The case was strong, and the victim, a 12-year-old girl, was prepared to testify. But officials didn’t prosecute him for the crime. Instead, he pleaded no contest to a separate and far less serious charge of grand theft — and he served his sentence not in the state prison but in the Pinellas County jail, where he could continue working as an informant.In 1982, he was charged with sexually assaulting a child, a crime that could have led to 15 years in prison. The case was strong, and the victim, a 12-year-old girl, was prepared to testify. But officials didn’t prosecute him for the crime. Instead, he pleaded no contest to a separate and far less serious charge of grand theft — and he served his sentence not in the state prison but in the Pinellas County jail, where he could continue working as an informant.
In one six-year stretch in the 1980s, Mr. Skalnik testified or gave information in at least 37 cases in Pinellas County alone, many involving murder charges. Most of those cases ended in convictions or plea deals, and four of the defendants were sentenced to death.In one six-year stretch in the 1980s, Mr. Skalnik testified or gave information in at least 37 cases in Pinellas County alone, many involving murder charges. Most of those cases ended in convictions or plea deals, and four of the defendants were sentenced to death.
“Together, we never lost a case,” Mr. Skalnik once wrote to a judge.“Together, we never lost a case,” Mr. Skalnik once wrote to a judge.
Being a jailhouse informant is a good gig, if you can get it. Just about everyone who’s been locked up is aware of the benefits that come from snitching — sentences reduced, charges dropped. For the same reason, inmates quickly learn to steer clear of known informants like Mr. Skalnik, who often wind up in cells next to people who are awaiting trial.Being a jailhouse informant is a good gig, if you can get it. Just about everyone who’s been locked up is aware of the benefits that come from snitching — sentences reduced, charges dropped. For the same reason, inmates quickly learn to steer clear of known informants like Mr. Skalnik, who often wind up in cells next to people who are awaiting trial.
Mr. Skalnik always denied that he was promised any sort of leniency for his testimony. But over and over again, he provided critical testimony in a murder case, and then, sometimes days later, his own sentence would be reduced or his prosecution would magically disappear. Just five days after Mr. Dailey was sentenced to death, Mr. Skalnik was released from jail for his assistance, even though he was facing a 20-year sentence of his own, and even though his parole officer had warned the year before that he “is and always will be a danger to society.”Mr. Skalnik always denied that he was promised any sort of leniency for his testimony. But over and over again, he provided critical testimony in a murder case, and then, sometimes days later, his own sentence would be reduced or his prosecution would magically disappear. Just five days after Mr. Dailey was sentenced to death, Mr. Skalnik was released from jail for his assistance, even though he was facing a 20-year sentence of his own, and even though his parole officer had warned the year before that he “is and always will be a danger to society.”
The problem isn’t simply that Mr. Skalnik is an inveterate criminal, or that he repeatedly got special treatment from the authorities. It’s that, as is the case with many serial jailhouse informants, his incentive to tell stories that prosecutors wanted to hear was far greater than his incentive to tell the truth. And that has led to great injustices, like the one Mr. Dailey is living out.The problem isn’t simply that Mr. Skalnik is an inveterate criminal, or that he repeatedly got special treatment from the authorities. It’s that, as is the case with many serial jailhouse informants, his incentive to tell stories that prosecutors wanted to hear was far greater than his incentive to tell the truth. And that has led to great injustices, like the one Mr. Dailey is living out.
Of the 367 DNA-based exonerations on record, one in five involved testimony from a jailhouse informant. A 2004 study found that snitch testimony was the leading cause of wrongful conviction in death-penalty cases.Of the 367 DNA-based exonerations on record, one in five involved testimony from a jailhouse informant. A 2004 study found that snitch testimony was the leading cause of wrongful conviction in death-penalty cases.
It’s hard to gather more precise data on the use of informants, because prosecutors don’t keep such records, which puts defendants, and jurors, at a disadvantage. How are you supposed to judge the credibility of an informant’s testimony if you aren’t told that he has been feeding similar stories to prosecutors for years? And how are you supposed to weigh the break he gets from prosecutors if they don’t give it to him until after the trial?It’s hard to gather more precise data on the use of informants, because prosecutors don’t keep such records, which puts defendants, and jurors, at a disadvantage. How are you supposed to judge the credibility of an informant’s testimony if you aren’t told that he has been feeding similar stories to prosecutors for years? And how are you supposed to weigh the break he gets from prosecutors if they don’t give it to him until after the trial?
Some states and cities have worked to rein in or regulate the use of informants. In Florida, where 29 death-row inmates have been exonerated — more than anywhere else in the country — the State Supreme Court instituted a rule in 2014 requiring prosecutors to reveal any deals made with informants. It was a good idea, but it was undercut by the fact that prosecutors rarely make explicit promises of leniency before trial. Across the country, there are virtually no consequences for prosecutors who rely on jailhouse informants, no matter how unreliable their testimony turns out to be.Some states and cities have worked to rein in or regulate the use of informants. In Florida, where 29 death-row inmates have been exonerated — more than anywhere else in the country — the State Supreme Court instituted a rule in 2014 requiring prosecutors to reveal any deals made with informants. It was a good idea, but it was undercut by the fact that prosecutors rarely make explicit promises of leniency before trial. Across the country, there are virtually no consequences for prosecutors who rely on jailhouse informants, no matter how unreliable their testimony turns out to be.
In response to Ms. Colloff’s investigation, Florida officials insisted that Mr. Skalnik was never offered any deal for his testimony. And yet Mr. Skalnik himself has disputed this. In 1988, after prosecutors for once decided not to grant him leniency, he alleged that he’d been coached on how to testify in a convincing way and how to persuade jurors that he wasn’t getting any deal in return. Pinellas County prosecutors denied these claims, calling Mr. Skalnik a liar even as they claimed that all of his testimony was on the level.In response to Ms. Colloff’s investigation, Florida officials insisted that Mr. Skalnik was never offered any deal for his testimony. And yet Mr. Skalnik himself has disputed this. In 1988, after prosecutors for once decided not to grant him leniency, he alleged that he’d been coached on how to testify in a convincing way and how to persuade jurors that he wasn’t getting any deal in return. Pinellas County prosecutors denied these claims, calling Mr. Skalnik a liar even as they claimed that all of his testimony was on the level.
Mr. Dailey, for his part, says he never talked to Mr. Skalnik. On Friday, Mr. Dailey’s lawyers filed with the court a declaration by Jack Pearcy, currently serving a life sentence, that he alone was responsible for Shelly Boggio’s murder — the second time that he has admitted to the crime under penalty of perjury. “James Dailey was back at the house when I drove Shelly Boggio to the place where I ultimately killed her,” Mr. Pearcy’s declaration said.Mr. Dailey, for his part, says he never talked to Mr. Skalnik. On Friday, Mr. Dailey’s lawyers filed with the court a declaration by Jack Pearcy, currently serving a life sentence, that he alone was responsible for Shelly Boggio’s murder — the second time that he has admitted to the crime under penalty of perjury. “James Dailey was back at the house when I drove Shelly Boggio to the place where I ultimately killed her,” Mr. Pearcy’s declaration said.
The victims here are not just people like Mr. Dailey, whose life is on the line, but also the countless people who suffered because of Mr. Skalnik’s own crimes — the children he abused, the people he defrauded.The victims here are not just people like Mr. Dailey, whose life is on the line, but also the countless people who suffered because of Mr. Skalnik’s own crimes — the children he abused, the people he defrauded.
And Mr. Skalnik shouldn’t be the only one considered a criminal in this case. So should the Florida law enforcement authorities who knowingly used him for their own ends for years, repeatedly putting him back on the street where he was able to do more damage. At the very least, they should be held to account for their reckless reliance on the word of a man who has spent his life telling lies.And Mr. Skalnik shouldn’t be the only one considered a criminal in this case. So should the Florida law enforcement authorities who knowingly used him for their own ends for years, repeatedly putting him back on the street where he was able to do more damage. At the very least, they should be held to account for their reckless reliance on the word of a man who has spent his life telling lies.
Not all prosecutors abuse the system in this way, of course, and most would tell you they are genuinely convinced of the guilt of all of their defendants. But when the pressure to find a killer is so great, when the win-at-all-costs mentality is so powerful, the line between acting on a good-faith belief and cutting corners to score a conviction can blur.Not all prosecutors abuse the system in this way, of course, and most would tell you they are genuinely convinced of the guilt of all of their defendants. But when the pressure to find a killer is so great, when the win-at-all-costs mentality is so powerful, the line between acting on a good-faith belief and cutting corners to score a conviction can blur.
The rank injustice of cases like James Dailey’s provide yet another reason, as if more were needed, that the death penalty must be abolished. 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.
As the last days of Mr. Dailey’s stay of execution run out, Governor DeSantis has shown no interest in revisiting the case. “This has been litigated over and over and over, and so at some point you need to do justice,” he said.As the last days of Mr. Dailey’s stay of execution run out, Governor DeSantis has shown no interest in revisiting the case. “This has been litigated over and over and over, and so at some point you need to do justice,” he said.
He is right — if not in the way he thinks. The power to do that justice is in his hands.He is right — if not in the way he thinks. The power to do that justice is in his hands.
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