James Dailey

James Dailey is an inmate on death row in Florida, and has been for three decades. He was sentenced to death in 1985 for the murder of a 14-year-old Shelly Boggio. However, to this day he maintains his innocence. His legal team is sure that the case against he was nothing but circumstantial evidence and false testimony from jailhouse informants.

On October 23rd, Dailey was granted a temporary 90-day stay of execution. He was scheduled to be executed on November 7th of this year. He will now get to a chance, with his newly appointed federal counsel, to present his claims of innocence. Part of the reason for his conviction was his co-defendant, Jack Pearcy, implementing him in the crime. However, Pearcy later changed his testimony to exclude Dailey, even signing an affidavit stating that "he, and he alone, was responsible for the death of Boggio." There were also the two jailhouse informants who claimed that Dailey confessed to them, but it was later revealed that a detective tried to get 15 other inmates to implement Dailey. The two that testified agreed to do so in order to receive consideration in their own cases. Without these two pieces of clearly falsified evidence, the prosecution's case falls apart. There were no eyewitnesses, no DNA or any other physical evidence connecting Dailey to the crime.

Many people who hear this case are outraged at the injustice, and truly believe that Dailey is innocent and should be sent free. These people include the Witness to Innocence, Florida's Catholic bishops, and other death row exonerees. Many letters have been sent in support of Dailey, asking for him to receive the justice he deserves. His lawyers are hopeful about the new trial, and they think that justice will finally be on their side. After all, he is an U.S. Air Force veteran who honorably served in Vietnam, shouldn't he have justice on his side?

With Dailey's exoneration, this would be Florida's 30th since 1976. If things do not go Dailey's way, his execution will mark Florida's 100th execution since 1976. Florida has overturned the most death sentences than any other state in America. Sometimes juries get it wrong, and sometimes prosecutors are so sure they have the person that they neglect to look at anything that would prove their innocence. 

Hopefully Dailey gets the justice he deserves, and hopefully we stop sending people to their death's before seriously considering every single fact multiple times.

Current Events

Timothy Hennis is a master sergeant on death row in the Army facility in Fort Leavenworth, Kansas. He has gone through three trials and is currently appealing the court's most recent ruling that sentenced him to death. He has been charged with three counts of premeditated murder. 

In May, 1985, Tim had responded to an add in the newspaper that was looking for a new home for a dog. The ad was placed by Katie Eastburn. Her husband, Gary Eastburn, was a captain in the Air Force and just found out that he was being relocated to England. The family couldn't take the dog, Dixie, with them so they tried to find Dixie a new home. 

At the time of the exchange and the murder, Gary was in a training assignment in Alabama. Tim arrived to the house to pick up Dixie. The people in the house are Katie and their three kids; 5-year-old Kara, 3-year-old Erin, and 22-month old Janna. Two days after Tim picked up the dog, he was seen making an unexpected visit to the Eastburn household. Four days later, a concerned neighbor called the cops because there was no movement in the house and the newspapers were piling up. When the cops arrived, they looked through the window and say Janna crying. When no one answered, the police broke in and were met with a terrifying stench of death.Kara was found curled up in a star wars blanket, and had been stabbed ten times. Erin was found bludgeoned, almost decapitated in her bed. Katie was also found in her bed, with evidence of rape. She had been stabbed 15 times. Janna appeared unharmed, but distressed and hungry. 

This murder rocked the military community with fear, but they found relief knowing that an arrest happened quickly. Before her murder, Katie wrote to her husband about the "nice man" who adopted Dixie, and after finding this the cops knew they needed to talk to whoever this was. The cops made a public plea to find whoever adopted Dixie, and Tim's wife hears it and makes both of them go to the police and tell them they were the ones who adopted Dixie. When Tim was interviewed, he could not provide an alibi for the night in question. He denied any involvement in the murders. 

When Tim's neighbors were interviewed, they had mentioned that they saw him burning something in a barrel in the early hours of the morning after the murders. Tim was arrested, and endoured a lengthy trial in which gruesome photos of the murder were shown. Tim was convicted of rape and three counts of murder. Tim appealed the case on the grounds that the crime scene photos had inflamed the jury. He was acquitted in 1989 of all charges and released. He returned to the Army, served in the first Gulf War, and had a son. In 2004 he retired in Washington and lived a quiet life. 

In 2006, when DNA testing had significantly improved, and investigators decided to have the State Bureau of Investigations to test the evidence from the crime. A blood sample belonging to Tim matched semen found at the crime scene. Since Tim was already tried and acquitted for the crime, he couldn't be tried again in the state court again. However, he could be tried in military court. So in October of 2006, authorities reenlisted him the Army so that another trial could take place. The Army was able to try him twice for the same trial because of the dual sovereignty doctrine. They dropped the charges of rape due to statute of limitations, but were still attempting the three murders. In 2010, after weeks of testimony and less than three hours deliberation, the jury found Tim Hennis guilty on three counts of premeditated murder. He was sentenced to death. 

Hennis’ lawyers currently argue that constitutional double jeopardy prohibitions should have precluded him from being tried again after his acquittal. A Supreme Court decision in June ruled that state and federal courts, which include military courts, can try the same crimes. However, the defense claims that the Army is acting as a front for the state court.

Ron Keine

On October 16th, 2019, UPJ had a very interesting speaker. A man named Ron Keine, who was wrongfully convicted and sentenced to death. His conviction was overturned and he was exonerated nine days before his execution date. He was brought to our campus and shared his story with the students. got out in 76

In the 70s, Ron belonged to a motorcycle gang. He was stabbed and shot before he was 16, so he joined the gang for protection. His childhood was violent, and not much changed as he grew up. He decided he wanted more in life, so himself and a friend in his motorcycle gang decided they were going to leave and see the country. They ended up in California, and joined "the baddest motorcycle gang." After some time, they decided to go back to Detroit to visit. They got a van, loaded it with bear and went back on the road, and picked up two hitchhikers in Arizona. The hitchhikers started stealing from them, so Ron and his buddies roughed them up and let them back out on the road. Unknown to Ron and his friends, the hitchhiker's got picked up again by another car and they called the police.

Ron and his friends got pulled over in Oklahoma by the cops. They had guns pointed at them, screaming at them to get out of the van. They got arrested for armed robbery. The hitchhikers told the cops that Ron and his buddies beat them up and robbed them. However, they dropped the charges. Somehow, there was another armed robbery that they were being charged with. They received a court appointed attorney. They were charged with armed robbery at a gas station, however that gas station had burned down two years before. Instead of being set free, they were then being held for a murder charge in Albuquerque, New Mexico.

The four men were extradited back to new mexico. In jail, they got a court appointed attorney named Hank. Hank informs the guys that he is four months out of law school and this was his highest profile case. They were sure everything was okay, because they knew they didn't kill anyone. At arraignment, they all pled not guilty. The judge accepted their plea, then sent them immediately to death row. Without a trial, without being questioned. Weeks went by, then months. Eventually, they went to trial. The trial lasted two weeks. The prosecution brought in a forensic science/autopsy person who said the victim was shot, stabbed, and had his genitals removed and put in his mouth. The prosecution brought in another star witness named Judith who is a hotel maid. She testified to the murder, calling out Ron and his buddies by their nicknames. The men were confused cause they had never seen her before. The prosecution towed the car, ripped it apart, but couldn't find anything. Not a drop of blood in the van or on their clothes. The prosecution then brought up two prison snitches who claimed Ron admitted to them that they did the murder. Their story, however, did not match up with the maid's. Ron wanted to know where the two snitches lived. This was important because the men were living in death row, and the snitches were not. There was no way Ron could leave his cell in death row to find these guys in protective custody in order to confess to the murder.

A few people from the club in California testified that Ron and them were in California at the time of the murder, and there was even a traffic ticket for one of the defendants from California at the time of the murder. Defendants wanted to subpoena the cop that gave out that ticket, but the judge denied the motion they needed to pay the cop to go to the trial.

As the trial is ending, the prosecutor brought up two surprise witnesses. These witnesses said they saw Ron and one of the guys in the bar in Albuquerque that night. Despite all of this, the men were still not worried. They knew they didn't do it, and they figured innocent people don't go to jail. The jury found them guilty, and they were sentenced to death. The men didn't talk to each other for three days. The justice system failed them. No one believed them when they said they didn't do it. Despite that, they still had hope that the real murderer would of been found.

Ron was preparing to die. Nine days before his execution date, a man walked into a church and confessed to the murder. The priest took him to the police, where he wrote his confession out in detail. He brought in his girlfriend as a witness, who helped him move the body. The man was working as an undercover cop, and said it was a drug bust gone wrong. Hearing this, the men's attorney's got a stay of execution and eventually a new hearing. This is when the prosecutor's argument fell apart. The star witness for the original case, Judith, admitted she lied. She testified that the cops and prosecutor told her everything to say. The forensic scientist from the first trial got up and admitted he lied, and that he never actually saw the body. The two last minute witnesses turned out to be related to the original prosecutor, and not actual witnesses to the crime. It turns out that the whole reason the four men were being charged with the crime was to help cover the undercover cop who actually committed the crime. They spent so much time and money destroying these four innocent men's lives all to save the real murderer from punishment.

After 22 months of being on death row, the four men were finally set free. Ron's record was expunged, but the damage had already been done. He went everywhere trying to get a job, but he couldn't because of the case being so publicized. Even though he was free, he ended up with a life sentence that followed him wherever he went. It didn't matter that he never committed the crime. He couldn't find a job, and even his kids were getting bullied and harassed because they were his kids. Of the four men, he is the only one still alive to tell the tale. His best friend commited suicide not long after they were free, and the other two were murdered by gang violence. Ron now works with www.witnesstoinnocence.org, traveling and telling his story. This man was almost executed for a crime he didn't commit because of a corrupt justice system that would rather put innocent people away than punish the person responsible for the crime, regardless of their job.

Activism

One very prominent activist group in death row cases is the National Coalition to Abolish The Death Penalty.  Their mission is to not only abolish the death plenty in the United States, but to call for the abolishment of this punishment worldwide. The name of their organization is actually an acronym for their vision of the world.

• Neighborhoods that are safe because we identify and address the root causes of crime and violence.
• Compassionate care for all victims of crime.
• Accountability for offenders that is just and acknowledges the possibility of self-transformation, grace and redemption.
• Dignity of all touched by the criminal justice system including those working in our judicial and prison systems.
• Policies that are rational, based on empirical evidence and government accountability.

The NCADP is the nation's oldest organization who's sole focus is the abolishment of the death penalty. They have many different people employed with them, including families of murder victims, as well as past and present law enforcement. Their common goal is to repeal the death penalty, state by state. 

On their website, there is a tab that says about the death penalty, explaining why they feel it should be abolished. There are articles for things such as racial bias, innocence, cost, and harm to prison workers. Their website also has an interactive map, which gives you statistics on death row based on state. For Pennsylvania, there have been 3 executions since 1976. There have been 6 innocent people in PA who have been freed from death row. There are currently 169 inmates in PA waiting for death. The data for PA is current as of September 8th, 2017. If you click read more, they will also tell you where the inmates who are on death row in your state are being held. 

On the front of their home page is a list of upcoming scheduled executions. When you click the take action link, they provide with a number to call. The number is usually a state representative, and all they ask you to do is call and ask them to stop the execution of whoever you are calling about. This really is effective, as some executions have been stayed due to the amount of calls. Stayed means that a court order has been released to temporarily suspend the execution of a court judgment or other court order. The NCADP website shows you which scheduled executions have been given Stayed status. 

This website provides many other options to get involved. It could be as simple as signing a petition, all the way to becoming affiliated with NCADP and their cause. If you are even slightly interested in becoming an activist for the abolishment of the death penalty, www.ncadp.org is a great place to start. 

The Evidence

In today's society, there is a great deal of weight put on forensic findings as hard evidence. Unfortunately, forensic evidence isn't as concrete as you may want to believe. In recent years, the FBI has even admitted to flawed forensic evidence that has been involved in death penalty cases. According to the FBI, their forensic lab that handles hair follicles as provided flawed testimony by matching hair evidence to hair to the defendants charged with the crime.

The FBI reports that of the 268 trials that have been reevaluated so far, the forensics experts have systematically overstated the certainty of the match between the evidence and the defendants hair. The flawed testimony given by the forensics experts ended up favoring the prosecutors 95% of the time. Of the inaccurate testimony, 32 of them were death penalty cases leading to conviction favoring death. Five of these cases come from Pennsylvania, the most from Florida with ten. Unfortunately, of the 32 flawed cases, 9 of the the convicted have already been executed. The FBI believes that this improper testimony of hair comparison may have already contributed to at least one wrongful execution. The report of flawed FBI testimony is likely to only cover a fraction of affected cases seeing as more cases are still under review. Unfortunately, it may be too late for some people.

This issue of flawed forensic evidence is more common than people think, but unfortunately the evidence is still seen as rock solid in courts. According to the National Registry of Exonerations, false or misleading forensic evidence was a contributing factor in 24% of all wrongful convictions nationally. In the United States incorrect forensic evidence, such as DNA, results in 45% of wrongful convictions. When people try to fight this forensic evidence, it could take a long time due to high evidentiary standards. Even worse, some state courts do not recognize discredited scientific evidence as new evidence of a wrongful conviction.

In order to fix this, we need to have a mechanism in place that allows convicted people to prove their innocence if the forensic evidence used to convict them was incorrect. They shouldn't be punished because someone in the lab made a mistake. Currently, there are only five states that have enacted laws allowing convicted people to go back to court based on discredited forensic evidence; California, Connecticut, Michigan, Nevada, and Texas. The rest of America needs to implement laws like these five states in order to ensure a fair trial with correct evidence. We also need to understand as a society the forensic evidence is not as solid as we think.

For more information on this topic, please visit www.innocenceproject.org