Photo credit: abcnews.go.com
Alabama Supreme Court Greenlights Execution of Man with Innocence Claims
MONTGOMERY, Ala. — The Alabama Supreme Court has approved the execution of Robin “Rocky” Myers, a man convicted for the 1991 murder of his neighbor, Ludie Mae Tucker. This decision comes despite claims of his innocence, including appeals for clemency from a juror involved in his original trial.
On Friday, justices determined that Myers’ execution, to occur via nitrogen gas, can proceed at a date designated by the governor. The circumstances surrounding Myers’ conviction have ignited debates over his guilt, particularly in light of a juror’s renewed assertions of his innocence.
Mae Puckett, a juror in the 1994 trial, recently expressed her concerns in an interview, stating, “I know he is innocent. They never proved he did it. They never proved he was in the house.” Puckett has urged Governor Kay Ivey to reconsider and grant Myers clemency, opting for a life sentence instead.
Kacey Keeton, representing Myers, described his case as filled with substantial legal missteps and argued that there is no concrete evidence linking him to the crime. Additional context reveals that Myers’ previous legal representation faltered when his attorney neglected to meet crucial deadlines for federal appeals. Furthermore, issues arose when a key witness for the prosecution later recanted their testimony.
“For those who support the death penalty, Rocky Myers’s case should give you pause,” Keeton emphasized. “I believe, without reservation, that Rocky Myers did not commit a murder, but you don’t have to agree with me on that to believe that the death penalty is not appropriate in this case.”
The tragic incident dates back to October 1991, when Tucker, aged 69, was brutally stabbed in her Decatur home. A cousin who survived the attack recounted hearing a man asking to use the telephone before she heard Tucker scream. Despite being able to identify certain details about her assailant, Tucker was unable to definitively identify him as Myers.
Testimonies indicate that Myers lived in close proximity to Tucker, and his son, who was 11 at the time of the murder, has asserted that if Tucker had recognized his father as the attacker, she would have stated so. Kacey Keeton further highlighted the doubts surrounding the original evidence and trial, mentioning that jurors themselves had expressed uncertainty about the case.
Puckett revealed that although she and other jurors had misgivings about the allegations, they were concerned that a mistrial could lead to harsher consequences for Myers. To avoid a worse outcome, they compromised and recommended a life sentence, but the judge ultimately overrode the jury’s decision, sentencing him to death based on an Alabama legal framework that allowed judges to have the final say in capital cases.
In his continued struggle for justice, Myers encountered further setbacks when a subsequent lawyer engaged in pro bono work failed to communicate effectively, causing him to miss an essential 2023 federal petition deadline. The 11th Circuit Court of Appeals described this as an “inexcusable abandonment.” Myers’ cognitive abilities, indicated by IQ test scores, also play a role in the discussions about his execution, as the U.S. Supreme Court prohibits the execution of individuals deemed intellectually disabled.
Amidst these unfolding events, the Alabama attorney general argued that the juror’s expressions of doubt do not constitute proof of Myers’ innocence. They noted in their filings that the claims merely highlight uncertainty among the jurors and do not challenge the validity of the trial proceedings.
As the clock ticks, Keeton has underscored that clemency remains Pereira’s last hope for avoiding execution. “Clemency is designed as a failsafe. If the system fails—as it has repeatedly failed Mr. Myers—clemency is there to save his life,” she remarked.
Source
abcnews.go.com