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Posted on 10/23/2019 06:36 AM ()
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Posted on 10/23/2019 05:26 AM (CNA Daily News - US)
Tallahassee, Fla., Oct 23, 2019 / 12:26 am (CNA).- The Catholic bishops of Florida have called on Governor Ron DeSantis to halt the scheduled execution of James Dailey, who is on death row for murder in a controversial case from nearly 35 years ago.
The bishops leading the seven dioceses of Florida signed a joint letter Oct. 21. While they noted their objections to any use of the death penalty in the state, they said Dailey’s case is “especially alarming” because of the evidence of innocence surrounding him.
“There is strong evidence that James Dailey’s death sentence was yet another failure of justice,” the bishops said. “Another man, Jack Pearcy, has signed a sworn affidavit that he, and he alone, was responsible for the tragic death of 14-year-old Shelly Boggio.”
Dailey, a 73-year-old veteran, is scheduled to be executed Nov. 7 for the 1985 murder of 14-year-old Shelly Boggio, whose body was found repeatedly stabbed and drowned near St. Petersburg.
There is no physical evidence or eyewitness testimony connecting Dailey to the murder, the Tampa Bay Times reports. Rather, Dailey’s housemate and co-defendant, Jack Pearcy, accused him of taking part in the crime. Pearcy is currently serving a life sentence for the murder.
Inmates at the prison where Dailey was being held were interviewed, initially yielding no results. A few days later, however, three inmates said they had heard Dailey make incriminating statements. The inmates received reduced charges in return for the information, according to the Death Penalty Information Center. One of the inmates was known as a prolific informant, giving testimony over the years that has sent four men to death row and being convicted himself of more than 20 crimes of deception.
Pearcy has acknowledged at least four times that Dailey was innocent of the crime, Dailey’s lawyers maintain, including in a 2017 affidavit, signed by Pearcy, which said, “James Dailey was not present when Shelly Boggio was killed. I alone am responsible for Shelly Boggio’s death.”
However, in January 2018, Pearcy took the witness stand and was questioned about the affidavit. He said some of the statements in it were untrue. When pressed further about which statements, he invoked the Fifth Amendment and refused to answer.
Earlier this month, the Florida Supreme Court rejected Dailey’s appeal, which argued that new evidence discrediting the jail informant testimony against Dailey should be permitted to be introduced. The court said Dailey should have raised this objection earlier. It ruled that all of his “newly discovered evidence claims were either correctly rejected as untimely or based on inadmissible evidence.”
The bishops of Florida voiced concern over the state’s high number of executions - and exonerations.
“Florida leads the nation in death row exonerations,” they noted. “Florida makes more mistakes than any other state in sentencing innocent people to death.”
Dailey would be the 100th execution in Florida since the state revived the death penalty in 1976.
“This use of the death penalty wounds our society by allowing a devaluation and coarseness of life in our community,” the bishops said.
Concerns over the scheduled execution have also been raised by three men who were sentenced to death but later exonerated due to poor evidence and prosecutorial misconduct.
The men, Juan Melendez, Herman Lindsey, and Derrick Jamison, have written a letter to Governor DeSantis asking him to reconsider Dailey’s case.
“The same types of evidence that led each of us to be exonerated are also present in James’ case,” they wrote. “The only difference allowing us to be spared from execution while James is set to be killed is whether or not a judge and jury has had the opportunity to review all the evidence.”
The bishops of Florida announced more than 30 prayer vigils throughout the state on Nov. 7, where Catholics and other community members will gather “to pray for the victim and aggressor, their families, for our society which continues to impose violence in return for violence, and for an end to the use of the death penalty.”
“As Pope Francis has stated, and as the Catechism has been updated to reflect, the death penalty is ‘inadmissible’ due to modern penal systems,” the bishops said. “At certain times in history, the teachings of the Church did not exclude recourse to the death penalty when it was the only means by which to protect society and guilt was properly determine.”
“Today, however, alternative sentences, such as life without parole, are severe punishments through which society can be kept safe,” they continued, stressing that these alternatives “do not degrade us by ending yet another life - perpetuating, rather than ending, a cycle of violence.”
Posted on 10/23/2019 04:58 AM ()
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Posted on 10/23/2019 03:00 AM (CNA - Saint of the Day)
Posted on 10/23/2019 02:30 AM (USCCB Daily Readings)
Reading 1 Rom 6:12-18
Sin must not reign over your mortal bodies
so that you obey their desires.
And do not present the parts of your bodies to sin
as weapons for wickedness,
but present yourselves to God as raised from the dead to life
and the parts of your bodies to God
as weapons for righteousness.
For sin is not to have any power over you,
since you are not under the law but under grace.
What then? Shall we sin because we are not under the law
but under grace?
Of course not!
Do you not know that if you present yourselves
to someone as obedient slaves,
you are slaves of the one you obey,
either of sin, which leads to death,
or of obedience, which leads to righteousness?
But thanks be to God that, although you were once slaves of sin,
you have become obedient from the heart
to the pattern of teaching to which you were entrusted.
Freed from sin, you have become slaves of righteousness.
Responsorial Psalm Ps 124:1b-3, 4-6, 7-8
Had not the LORD been with us,
let Israel say, had not the LORD been with us–
When men rose up against us,
then would they have swallowed us alive;
When their fury was inflamed against us.
R. Our help is in the name of the Lord.
Then would the waters have overwhelmed us;
The torrent would have swept over us;
over us then would have swept the raging waters.
Blessed be the LORD, who did not leave us
a prey to their teeth.
R. Our help is in the name of the Lord.
We were rescued like a bird
from the fowlers' snare;
Broken was the snare,
and we were freed.
Our help is in the name of the LORD,
who made heaven and earth.
R. Our help is in the name of the Lord.
Alleluia Mt 24:42a, 44
For you do not know when the Son of Man will come.
R. Alleluia, alleluia.
Gospel Lk 12:39-48
"Be sure of this:
if the master of the house had known the hour
when the thief was coming,
he would not have let his house be broken into.
You also must be prepared,
for at an hour you do not expect, the Son of Man will come."
Then Peter said,
"Lord, is this parable meant for us or for everyone?"
And the Lord replied,
"Who, then, is the faithful and prudent steward
whom the master will put in charge of his servants
to distribute the food allowance at the proper time?
Blessed is that servant whom his master on arrival finds doing so.
Truly, I say to you, he will put him
in charge of all his property.
But if that servant says to himself,
'My master is delayed in coming,'
and begins to beat the menservants and the maidservants,
to eat and drink and get drunk,
then that servant's master will come
on an unexpected day and at an unknown hour
and will punish the servant severely
and assign him a place with the unfaithful.
That servant who knew his master's will
but did not make preparations nor act in accord with his will
shall be beaten severely;
and the servant who was ignorant of his master's will
but acted in a way deserving of a severe beating
shall be beaten only lightly.
Much will be required of the person entrusted with much,
and still more will be demanded of the person entrusted with more."
For the readings of the Optional Memorial of Saint John of Capistrano, please go here.
Lectionary for Mass for Use in the Dioceses of the United States, second typical edition, Copyright © 2001, 1998, 1997, 1986, 1970 Confraternity of Christian Doctrine; Psalm refrain © 1968, 1981, 1997, International Committee on English in the Liturgy, Inc. All rights reserved. Neither this work nor any part of it may be reproduced, distributed, performed or displayed in any medium, including electronic or digital, without permission in writing from the copyright owner.