The judge who’d presided over the case had exercised his option of “judicial override,” discarding the jury’s recommendation of life without parole and sentencing Rocky to die instead. I was shaking and I couldn’t breathe. In a phone interview in early February, he described a somber atmosphere on the prison’s death row, where a friend of his named Dominique Ray was scheduled to be executed the week we spoke. Rocky Myers. In 2016, the U.S. Supreme Court ruled that Florida’s judicial override statute was unconstitutional. From the bench, he said the jury had been too “emotional” in choosing not to recommend the death penalty on its own and described Rocky as a “threat to society.”, “I never thought for a moment that he did it,” said Puckett, her voice cracking. Road takes approximately 13 hours and 7 minutes and goes through Tampa, Ocala, Gainesville, Columbus, Auburn and Birmingham. “He didn’t excel like his brothers did.” He struggled at school, never learning how to read above a third-grade level, and at 16 years old he couldn’t tell time. Subscribe now for as little as $2 a month! His death sentence was imposed by a judge who overrode the jury’s recommendation for life without parole through a procedural option that is no longer legal. “I think there was an elderly white lady that was dead in Decatur, Alabama, and the prosecution was telling the jury, ‘Hey, we have this black guy who did it. inline_cta_url_305203 = 'https://www.thenation.com/donate-website/?sourceid=1020084'; Distance between Fort Myers FL and Decatur AL. Of the 38 people indicted, 36 were arrested a week ago in Alabama, Tennessee, Iowa, Virginia and California. Dutton was too scared to leave the room. jQuery("#inline_cta_btn_305203 a input").css("background",inline_cta_bg_color_305203); A decade after the trial, when Keeton took over Rocky’s appeal she interviewed another juror who openly used a vicious racial slur to refer to Rocky and called him a “thug.”. “I knowed he was doing something to her.”3, The man then ran into Dutton’s darkened room and stabbed her in the side before running out of the house. While fighting for a deadline extension in court, lawyers working on Rocky’s case heard a shocking story from Marzell Ewing, Rocky’s acquaintance who had testified to having seen him trade the VCR in the shot house. He was agitated, and said he’d been in a car crash and needed to use the telephone to call his family. Roadrunner claimed he’d implicated Cool Breeze because he was angry over an argument they’d had the night of the murder, and Butch said he’d backed up Roadrunner’s statement because “I just figured that’s what everybody wanted to hear.” They said the story they’d originally told was still mostly true: a man had come to the shot house asking for crack on credit the night of Ludie Mae’s murder, returning later with a VCR to trade. He offered detectives an affidavit saying that the man he’d seen cross the road was short and stocky, certainly not Cool Breeze, who was nearly six-foot tall.13 magazine_button_bg_color_305203 = '#ffcf0d'; But he was adamant in stating that he had nothing to do with Ludie Mae’s murder. “That’s what it boiled down to.”34, Rocky was thus convicted of capital murder, and by a margin of 9-3 the jury provided their agreed-upon recommendation of life without parole to the judge. var is_user_logged_in = getCookie('SESSname'); if( is_user_logged_in != null ){ So they reached an agreement: They would vote for a guilty verdict along with the rest in exchange for a recommendation of life without parole. His attorney Kacey Keeton and investigator Sara Romano join At Liberty to discuss the death penalty, Rocky’s case, and his appeal for clemency. inline_cta_2_bg_color_305203 = '#cc0e0e'; Rocky says it’s been frustrating to watch other prisoners get breaks in their case and be released while he’s been effectively shut out of court. var is_user_logged_in = getCookie('SESSname'); In fact, there was no evidence at all that Rocky had been at the scene of the crime aside from his possession of a VCR. With Cool Breeze in custody, the governor’s office issued a reward for further information about the murder to see if they could strengthen their case. I mean, we had us,” said Deon Myers, his second-youngest son. She heard Ludie Mae say that her husband was in the other room—a strange comment, given that she wasn’t married.2, Suddenly, Ludie Mae cried out. “We struggled over [our decision] for good reason. Rocky Myers (pictured) may be innocent and intellectually disabled. Ft. Myers, FL Showroom Hours. Danville, AL (1) Hartselle, AL (3) Refine Your Search Results . He's presently a staff reporter with the American Civil Liberties Union in New York. Now, Alabama is working on a protocol for the new method, after which Rocky will be given a new execution date.60, The only chance for Rocky to avoid execution now is a grant of clemency from Governor Kay Ivey. inline_cta_url_305203 = 'https://www.thenation.com/donate-website/?sourceid=1020084'; An Alabama-based legal advocacy organization calculated that 20 percent of inmates on death row in Alabama had their sentences imposed through judicial override. Convicted on the basis of scant evidence by a nearly all-white jury in a trial that lasted only a week, Rocky has intellectual disability, scoring at or below the crucial 75-point threshold for a formal diagnosis in four out of five IQ tests. It didn’t entirely contradict the prosecution’s narrative—Rocky had, after all, already admitted to trading the VCR to Butch—but it raised powerful questions about the conduct of Decatur police during the investigation. Today, he’s one of 175 prisoners on death row in Alabama, in the same prison where Dominique Ray was recently executed. magazine_button_bg_color_305203 = '#dd3333'; “TV is down real low, you could kinda hear a pin drop.” Days later, Ray was executed after the US Supreme Court denied his request to have an imam present in the lethal-injection chamber.56, “When I’m praying, I tell the Lord I’m terrified,” Rocky said. I mean we didn’t have everything in the world but we had him and my Moms. At the time of Ludie Mae’s murder Rocky was a regular user of crack, and while he’d been arrested for theft, he’d never been charged with a crime involving violence. Sure, some are much higher than others, but they all offer incredible views that are pretty hard to come by. inline_cta_text_305203 = '
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'; Update: 2020-02-13. Alabama intends to execute him anyway. Episode scoring music by Animal Weapon and Blue Dot Sessions. Rocky Myers’ story epitomizes everything wrong with the death penalty: ️ He is almost certainly innocent ️ Key witnesses were coerced to lie by the police ️ His jury did not want him put to death ️ His lawyers used racist language and missed key deadlines to appeal. Having more than 21 years of diverse experiences, especially in GENERAL PRACTICE, Dr. William S Myers affiliates with no hospital, cooperates with many other doctors and specialists in medical group Family Medicine Associates, Pc. “I’m bleeding to death,” he pleaded. Celebrate and remember the lives we have lost in Alabama. cta_2_check_305203 = true; Roadrunner claimed he’d implicated Cool Breeze because he was angry over an argument they’d had the night of the murder, and Butch said he’d backed up Roadrunner’s statement because “I just figured that’s what everybody wanted to hear.” They said the story they’d originally told was still mostly true: A man had come to the shot house asking for crack on credit the night of Ludie Mae’s murder, returning later with a VCR to trade.14, But there was one major change. Leave your condolences to the family on this memorial page or send flowers to show you care. Franklin Myers in Alabama. View our current issue She heard Ludie Mae say that her husband was in the other room—a strange comment, given that she wasn’t married. The state of Alabama is on the southeast part of the United States, bordered by Georgia (east), Florida (south) Mississippi (west), Tennessee (north) and bathed by the Gulf of Mexico (south). In Alabama, state judges are elected by popular vote, and they often emphasize their “tough-on-crime” record while campaigning. “I just don’t have any memory of him being any type of violent person.”. “We had affidavits that showed [habeas corpus] language is above college level in terms of reading and understanding, and that Rocky reads at approximately a third or fourth grade level, so that will never make sense to me.”, “A lot of people think that people on death row know the law, they know this-or-that, but I don’t,” said Rocky. And I think that’s it.”—attorney Kacey Keeton, When police called Butch in, he complied, along with one of his lieutenants, Willie “Roadrunner” Raybon. "—Rocky Myers, A former church drummer, Rocky attends services regularly, singing in a choir that meets once a week. Three-quarters of such cases involved a white victim, though only 35 percent of homicide victims in the state are white.39. With the door to judicial review shut, the only remaining relief was—and still is—intervention by Alabama’s Governor Kay Ivey.53, Schwarz later signed a declaration admitting that he “did not tell Mr. Myers I was no longer representing him,” and that he “did not inform Mr. Myers that I would not pursue relief on his behalf in federal court.” The Board of Professional Responsibility of the Supreme Court of Tennessee issued a public censure to him in 2005, saying that he “willfully neglected his representation of his client.”54, In 2018, Schwarz was elected president of the Memphis Bar Association, which states that one of its purposes is to “encourage and assist lawyers in maintaining and improving their competence so that they can better serve their clients and the public.” Rocky Myers remains on death row.55, Rocky lives under near-constant lockdown at Holman, sometimes going days without yard time because of staff shortages in the Alabama Department of Corrections. Discover Discussions With DPIC He May Be Innocent and Intellectually Disabled, But Rocky Myers Faces Execution in Alabama. “[They] said, yes, we showed that Schwarz’s failures were a problem, but that Rocky even with his intellectual disability had to show some level of diligence on his part,” said Keeton. “I just froze. There was never that aha moment.”, But Puckett says the deck felt stacked against Rocky from the beginning. At the time of Ludie Mae’s death, Rocky was living across the street from her with his wife and children on one side of a converted duplex. jQuery("#magazine_text_305203").html(magazine_text_305203); Finally, Rocky took the stand. So they reached an agreement: they would vote for a guilty verdict along with the rest in exchange for a recommendation of life without parole. cta_1_check_305203 = true; He said he was tired, and he didn’t want to beg anyone for his life. “Asking him a month-plus out, ‘what were you doing on October 4’—there’s no way he can provide a good memory. Find your nearest location or order online. Robin "Rocky" Myers is a 53-year-old intellectually disabled black man who was convicted of capitalmurder and ... an overwhelmingly white jury in Decatur, Ala., recommended that Robin be sentenced to Life Without the Possibility of Parole. I just don’t show it because it don’t do any good to other people. Find out more about our menu items and promotions today! if( inline_cta_2_url_305203 !='' ){ The evidence that police in Decatur tampered with at least one witness was a bombshell. His jury did not think he should be sentenced to die. var inline_cta_2_font_color_305203 = ''; Dutton could hear that he’d come inside the house. When detectives pressed him on the timing of his story about finding the VCR and taking it to Butch, he faltered—first, it was 40 minutes before police arrived at Ludie Mae’s house, then 10 minutes, and finally, he said he couldn’t remember clearly. So why is he facing execution in Alabama?. With Cool Breeze in custody, the governor’s office issued a reward for further information about the murder to see if they could strengthen their case. Before the practice was banned by the state legislature in 2017, an Alabama-based legal advocacy organization called the Equal Justice Initiative calculated that 20 percent of inmates on death row in Alabama had their sentences imposed through judicial override. View phone number, address, email, public, court and driving records. “We were dealing with ourselves trying to come up with a way to save his life,” Puckett said. The interrogation wasn’t filmed or recorded, but the two detectives gave an account of it during Rocky’s trial. On the night of October 4, 1991, Mamie Dutton was asleep in a bedroom at her cousin’s house in Decatur, Alabama. Rocky says that being separated from his family has taken a toll: “It’s one of the worst things that I’m going through. The state capital, Montgomery, is known for its important role in the Civil Rights movement in the mid-20th century such as Montgomery Bus Boycott. A few weeks later, a local man who’d known Cool Breeze for nearly 30 years came forward to claim it, saying that he’d seen someone else cross the road near Ludie Mae’s house with a VCR tucked under his arm on the night of the murder. The cousin, Ludie Mae Tucker, lived a few blocks west of the city’s shopping district, in a run-down neighborhood that struggled with crime and had been dubbed “crack town” by locals. tn_author: ['ashoka-m'], Until 2017 Alabama did not automatically provide counsel to death-row inmates during this stage of their appeal, so the American Bar Association and other legal-advocacy groups sought out lawyers like Schwarz to work pro bono on death-penalty appeals in the state.43, Schwarz worked on Rocky’s case for over five years, as it made its way through the state appeals process. “Rocky was a misunderstood, gentle person,” remembered a neighbor. From Business: Whitmire, House & Propst, LLP provides premier legal services to Decatur, AL and Northern Alabama. Myers’ case is rife with legal issues, but he received no federal court review because his appellate lawyer abandoned him without notice, letting the filing deadline for challenging Myers’ conviction and death sentence expire. Robin “Rocky” Myers may be innocent and intellectually disabled. In my mind it never happened,” she said. Links to Robert Jones social profiles. “I think there was an elderly white lady that was dead in Decatur, Alabama, and the prosecution was telling [the jury], ‘Hey, we have this black guy who did it,’” she said. “He was there for us. A year later, Rocky received a letter from the state attorney general’s office saying that he’d missed the deadline to file any further habeas corpus petitions and notifying him that Alabama would be moving to set an execution date. Coach Myers passed away in Athens, Alabama. His children remember him as a loving father who, despite his struggles with drug abuse, never left their lives or abused them. } Although he was a heavy crack user, his family was respected, with deep roots in Decatur. Eleven of the 12 jurors were white, and most were set on voting guilty.33 Cool Breeze was well-known in the neighborhood. “The fact that we are potentially executing a man who did not have his day in court because an attorney screwed up should give everybody pause,” Keeton said. Juror Mae Puckett (Andrea Morales), According to Puckett, the group of unconvinced jurors feared that if they didn’t find a compromise, the outcome of the trial would be a hung jury. inline_cta_bg_color_305203 = '#ffcf0d'; Robin "Rocky" Myers is a 53-year-old intellectually disabled black man who was convicted of capitalmurder and sentenced to … He’d been tracked down by an investigator working for Cool Breeze’s defense team, who found him working at the same country club where Cool Breeze’s father served as head waiter. Myers’ case is rife with legal issues, but he received no federal court review because his appellate lawyer abandoned him without notice, letting the filing deadline for challenging Myers’ conviction and death sentence expire. The "Shot" House where Ludie Mae’s VRC was found (Clemency for Rocky Myers/YouTube). University Of Alabama Hospital 7 COMMENTS 2 AWARDS 2 SPECIALTIES 2 Location ... Take a minute to learn about Dr. William S Myers, MD - Emergency Medicine in Decatur, AL, in this video. Marzell told the attorneys that one detective had offered to make the arrest disappear if he would say that he’d seen Rocky bring the VCR to Butch at the shot house. We use cookies on this site to enhance the experience. inline_cta_2_text_305203 = 'Know someone who would like The Nation?
'; targeting:{ “I just froze. Schwarz worked on Rocky’s case for over five years, as it made its way through the state appeals process. var inline_cta_url_305203 = ''; And because of egregious conduct by an attorney working on his case, Rocky lost his chance for a post-conviction appeal—which meant that he was unable to present new evidence in federal court, including testimony revealing that police interfered with a key witness. Three-quarters of such cases involved a white victim, though only 35 percent of homicide victims in the state are white. “Mr. Butch’s statement described Cool Breeze as showing up with the VCR, “sweating and shaking, acting paranoid as hell.”. We found 6 records in Decatur, Alabama (AL) for Robert Jones. Attorneys Tax Attorneys Administrative & Governmental Law Attorneys. Browse Locations. Dutton could hear that he’d come inside the house. }); When Dutton peered out of her room, she could see Ludie Mae talking through the window blinds with a man on the porch. The verdict came as a stunning blow to Rocky, who’d been convinced that the trial would end with his acquittal. “[They] said, yes, we showed that Schwarz’s failures were a problem, but that Rocky even with his intellectual disability had to show some level of diligence on his part,” said Keeton. }else{ But there was one major change. Rocky Myers is an intellectually disabled black man from New Jersey facing execution in Alabama for a crime he did not commit. UNDISCLOSED, The State V. Rocky Myers Episode 1 - Residual Doubt June 17, 2019 _____ [00:41] Colin Miller: You’re probably familiar with the concept of guilt beyond a reasonable doubt . “We struggled over [our decision] for good reason. Capital punishment is wrong. A year later, Rocky received a letter from the state Attorney General’s office saying that he’d missed the deadline to file any further habeas corpus petitions and notifying him that Alabama would be moving to set an execution date. When he had the money, he’d walk up a narrow alley that ran three blocks up from his home to Butch’s shot house and buy $10 or $20 worth of crack.18, After Butch and Roadrunner changed their statements, homicide detectives turned their focus toward Rocky, who was on probation for receiving stolen property. By Christine Hauser. Until 2017 Alabama did not automatically provide counsel to death row inmates during this stage of their appeal, so the American Bar Association and other legal advocacy groups sought out lawyers like Schwarz to work pro bono on death penalty appeals in the state. “I thought I was going to go back to New Jersey.”, A few months later, Puckett was at her home outside of Decatur when she got a call from one of the other jurors. During jury selection, one juror said that if a suspect made it through a grand jury he was “automatically guilty.” And she remembers that another juror kept referring to the VCR as “rabbit tracks” that proved his guilt. With the door to judicial review shut, the only avenue for relief is intervention by Alabama’s Governor Kay Ivey. Rocky, who could only read at a third-grade level, had to ask another prisoner to read the letter aloud to him. Roadrunner also testified that the alley leading to the shot house was a well-known stash spot, saying that he himself had frequently found and hidden stolen goods and drugs there. His children remember him as a loving father who, despite his struggles with drug abuse, never left their lives or abused them. He testified that on the afternoon of Ludie Mae’s murder he’d bought crack from Butch and smoked it back at his house. if( magazine_button_bg_color_305203 !='' ){ Alabama Is Going to Execute Rocky Myers. The habeas corpus process offers inmates the chance to present new evidence in their cases and dispute the underlying rationale that led to their conviction. He did odd jobs, scraping together cash from friends and family while his wife worked as a cook at a nearby restaurant. The distance from Fort Myers to Decatur is 748 miles by road including 501 miles on motorways. Rocky said he did. In Alabama, state judges are elected by popular vote, and they often emphasize their “tough-on-crime” record while campaigning. people phone reverse address business Log In Sign Up. In 2013 the Supreme Court declined to hear a challenge to Alabama’s judicial override statute, but Justice Sonia Sotomayor wrote in dissent that judges in the state “appear to have succumbed to electoral pressures.” In Rocky’s case, the judge who imposed his sentence was facing re-election the next year. Coach Myers was born on April 10th, 1927, He graduated with honors from Wake Forest University School Of Medicine in 1999. tn_ptype: 'article', Keeton, Rocky’s current attorney, says that his inability to provide a clear timeline during the interrogation has everything to do with his intellectual disability, which she’s observed in more than a decade of working with him on his case. We never had to beg for anything to eat. var cta_1_check_305203 = false; The next step was to prepare to file a federal habeas petition. If I could read the law in the books and learn and study, I would. Together, there’s no telling how far we can go. tn_keyword: ['anti-death'], We need to fight back against the execution of Rocky Myers, not only because the death penalty is barbaric, but also because there is a strong possibility that he is innocent of all crimes. Rocky was convicted by a predominantly white jury in the death of Ludie Mae Tucker, an elderly white woman. jQuery("#inline_cta_2_btn_305203 a input").css("background",inline_cta_2_bg_color_305203); Updates. And Roadrunner testified that Cool Breeze had also been at the shot house on multiple occasions that night, at one point “sweating real hard” and wearing a white sweatshirt with blood on it. And Roadrunner testified that Cool Breeze had also been at the shot house on multiple occasions that night, at one point “sweating real hard” and wearing a white sweatshirt with blood on it. They didn’t lift any usable fingerprints from the crime scene, but they did determine that a VCR—a valuable consumer good in 1991—was missing. Rocky Myers - Addendum 4 – Stars Fell on Alabama. See reviews, photos, directions, phone numbers and more for Becky Myers locations in Decatur, AL. Justice Storytellers Event Tonight in Montgomery. Even after convicting him, the jury recommended that Rocky … “Mr. He’d planned to go to a club with his in-laws but when he arrived at their house, they’d already left. if( inline_cta_2_text_305203 !='' ){ Share. } And Rocky surely knew that Ludie Mae lived alone—yet on the night of the murder, Dutton said she’d heard her cousin tell her attacker that her husband was in the other room.30, Puckett, the juror, noticed these holes in the prosecutors’ case. More than two years later, a man named Robin “Rocky” Myers was convicted of Ludie Mae Tucker’s murder. Rocky's story matters, and we will not forget about him. Click here to log in or subscribe. “He was under extreme stress and anxiety and not understanding a lot of the communication,” she said. I did not see who brought the VCR to the shot house that night.” He further stated that “Detective Boyd told me that he would take the stolen car that I had been driving and leave it by the side of the road.” Police reports from the time support his story: two suspects were indeed arrested in a stolen vehicle matching the one described by Marzell on Oct. 28, 1991, the same day Boyd’s notes indicate he first interviewed Marzell. To Kacey Keeton, a federal defender who picked up Rocky’s appeal in 2007, the case is a checklist for everything that’s wrong with the death penalty in America. And because of egregious conduct by an attorney working on his case, Rocky lost his chance for a post-conviction appeal—which meant that he was unable to present new evidence in federal court, including testimony revealing that police interfered with a key witness.7 Tucker in Decatur, Alabama and the initial suspect in that case: Anthony “Cool Breeze” Ballentine. She’d been stabbed four times, including once in the left side of her chest, but she’d managed to dial 911 and was on the phone with Decatur police. Log out? He May Be Innocent and Intellectually Disabled, But Rocky Myers Faces Execution in Alabama. Links to Robert Jones social profiles. The Oklahoma Way of Death Here’s Why. Convicted on the basis of scant evidence by a nearly all-white jury in a trial that lasted only a week, Rocky has intellectual disability, scoring at or below the crucial 75-point threshold for a formal diagnosis in four out of five IQ tests. tn_loc:'atf' “But with every nickname came a different version of the story.”. The interrogation wasn’t filmed or recorded, but the two detectives gave an account of it during Rocky’s trial. Rocky Myers grew up in New Jersey, one of 10 children in what relatives describe as a “hard life.” His father was an alcoholic, and his mother battled depression after having her first child at 14. Rocky had terrible eczema—even the detectives who interrogated him noted his flaky, scaly skin—yet despite the prosecution’s contention that he’d been in a violent struggle with Ludie Mae, no skin flakes were found at the scene. Rocky Myers: Alabama: American Civil Liberties Association (ACLU) issues plea to save him from execution noting: "The 53-year-old, who has an intellectual disability, was saddled with an incompetent lawyer, convicted on the evidence from a key witness who has since recanted his testimony, and sentenced to death by a judge who imposed death sentence against the jury’s wishes. The stand took the stand an officer who ’ d been convinced that the prosecution must satisfy to a... Circuit agreed federal habeas petition signed in late 2004, he started crying and asked to speak his... Third-Grade level, had to beg for anything to eat his sentencing displays the injustice of a criminal defendant send! 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