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James Dailey was set to be executed early next month, but a Federal Judge has issued a temporary stay.

The Innocence Project believes Daily may be innocent because there is not physical evidence and now some members the clemency board believe they should have a greater role before death warrants are issued.

Commissioner of Agriculture Nikki Fried, a former public defender, said she’s torn on the death penalty.

“Because I know that there is a problem in our criminal justice system that needs to be fixed,” said Fried.

Fried also sits on the state clemency board.

She said she’d support brining back a mandatory review by the board for all death cases, which was in place for a decade after the state resumed executions in 1979.

“There is no harm in making sure that there’s more eyes on these cases and reviewing of all of the facts underlining it,” said Fried.

Another member, Chief Financial Officer Jimmy Patronis also seemed supportive of a clemency review when asked Tuesday.

“You want to ensure that every opportunity to create any type of exoneration is a possibility, but at the same time there also has to be a consequence to the crime that was committed,” said Patrons.

While two clemency board members said they would consider requiring the additional review, a third, the State’s Attorney General Ashley Moody is skeptical.

“Trust me, we put a lot of time and energy into making sure that claims have been heard and due process has been exhausted before we reach that point,” said Moody.

For every three inmates put to death in Florida, one has been exonerated from death row.

If Daily’s execution is carried out, he will be the 100th inmate put to death since executions resumed.

Commissioner Fried said she’d be interested in taking a closer look at James Daily’s case, which could include a review by the clemency board.