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Armed with the statements, detectives put out a warrant for Cool Breeze’s arrest, picking him up at the aluminum plant where he worked. 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. Whitepages people search is the most trusted directory. I mean literally, I didn’t know what to do. The verdict came as a stunning blow to Rocky, who’d been convinced that the trial would end with his acquittal. Rocky Myers is an intellectually disabled black man from New Jersey facing execution in Alabama for a crime many believe he did not commit. Rocky Myers (pictured) may be innocent and intellectually disabled, and his jury voted to sentence him to life. freestar.config.enabled_slots.push({ On his way back home he said he spotted the VCR hidden under a bush in the alley, took it to the shot house that night, and traded it to Butch for a $20 rock of crack. placementName: "thenation_article_indent", 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 . John Pace and His Friends Expected to Die in Prison Myers’ impact goes well beyond basketball accolades, however, and he was reminded of the difference he’s made in many lives Saturday afternoon when seven members of his J.O. 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 This was a devastating moment, though Rocky wouldn’t know it for another year. tn_author: ['ashoka-m'], 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. “I’m bleeding to death,” he pleaded. Ludie Mae offered to dial the number for him. View phone number, address, email, public, court and driving records. Together, there’s no telling how far we can go. } if( cta_1_check_305203 ){ “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.”49, “A lot of people think that people on death row know the law, they know this or that, but I don’t,” said Rocky. At Wells Fargo, we believe in the power of working together because great ideas can come from anyone.Through collaboration, any team member can have an impact and make a difference for the entire company. Road takes approximately 13 hours and 7 minutes and goes through Tampa, Ocala, Gainesville, Columbus, Auburn and Birmingham. Rocky, who could only read at a third-grade level, had to ask another prisoner to read the letter aloud to him.46, In a recent interview, Rocky said when he realized what the letter meant, “It scared the hell out of me. Contact info for Bill Myers in Decatur, Alabama: Phone number, address lookup, email address, and social networking profiles on Spokeo, your people search engine for contact info & public records. July 11, 2019 / Colin speaks with Rocky's attorney Kacey Keeton and his research assistant Haley Smith about the Rocky Myers case. His children are now grown, with children of their own, some of whom he met during a visit for the first time last year. 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. magazine_button_bg_color_305203 = '#ffcf0d'; The US Court of Appeals for the 11th Circuit agreed.48 Episode scoring music by Animal Weapon and Blue Dot Sessions. “I kept waiting for that word that was going to tell me what happened and there was never one. “When I’m praying, I tell the Lord I’m terrified. inline_cta_button_text_305203 = ''; cta_1_check_305203 = true; The case of an intellectually disabled prisoner on death row is a window into the many flaws in the death penalty … Rocky Myers (pictured) may be innocent and intellectually disabled. “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. Police arrived at Ludie Mae’s house just minutes after her frantic 911 call, making it plausible that the assailant had stashed the VCR in the nearby alley once he heard sirens approaching the area. } Marzell was an associate of Butch’s who, in his own words, “sold drugs, watched houses, and did basically anything he needed at the time.” He and Rocky knew each other well from around the neighborhood. Rocky was sent to jail, where he was interrogated. But it was too late. We never had to beg for anything to eat. I mean literally, I didn’t know what to do. var cta_1_check_305203 = false; Ft. Myers, FL Showroom Hours. 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). See reviews, photos, directions, phone numbers and more for Becky Myers locations in Decatur, AL. var inline_cta_button_text_305203 = ''; 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. His attorney Kacey Keeton and investigator Sara Romano join At Liberty to discuss the death penalty, Rocky’s case, and his appeal for clemency. Around the time homicide detectives shifted their focus away from Cool Breeze, Marzell was arrested while driving a stolen car in Decatur. “It was the state’s place to prove that Rocky Myers was in the home and committed that crime. The next step was to prepare to file a federal habeas petition. Justice Storytellers Event Tonight in Montgomery. jQuery("#inline_cta_2_btn_305203 a input").css("color",inline_cta_2_font_color_305203); (courtesy of Kacey Keeton). His children are now grown, with children of their own, some of whom he met during a visit for the first time last year. “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. After his conviction Rocky was transferred to Holman Correctional Facility, where Alabama carries out its death sentences. Together, there’s no telling how far we can go. var inline_cta_bg_color_305203 = ''; 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. When Rocky lost his last appeal, he told me that he did not want clemency. Contact us today for a customized plan. Eleven of the 12 jurors were white, and most were set on voting guilty. Find out more about our menu items and promotions today! BBB Rating: A+. “But with every nickname came a different version of the story.”. With the door to judicial review shut, the only avenue for relief is intervention by Alabama’s Governor Kay Ivey. But I’m not able to do that. var magazine_button_bg_color_305203 = ''; Armed with the statements, detectives put out a warrant for Cool Breeze’s arrest, picking him up at the aluminum plant where he worked.12. But Keeton persisted. if( is_user_logged_in != null ){ He is on death row in Alabama, and is out of appeals. 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. View phone number, address, email, public, court and driving records. 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.”36, “I never thought for a moment that he did it,” said Puckett, her voice cracking. Cool Breeze was released, and Rocky was charged with the capital murder of Ludie Mae Tucker. “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. Suddenly, Ludie Mae cried out. This piece was originally published at The Nation. if( inline_cta_button_text_305203 !='' ){ It’s the burden of proof that the prosecution must satisfy to secure a conviction of a criminal defendant. Ryder is the leader in fleet management solutions, as well as supply chain management and logistics for businesses of all sizes. Franklin Myers in Alabama. How could someone do that without emotion? inline_cta_2_font_color_305203 = '#ffffff'; Rocky Myers, an intellectually disabled man in Alabama, will soon face the execution chamber despite mounting evidence of his innocence. “We were dealing with ourselves trying to come up with a way to save his life,” Puckett said. His trial lawyers filed an appeal, which was unsuccessful. 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. var inline_cta_2_url_305203 = ''; “I should have returned the file to the Equal Justice Initiative at that time; I did not; that’s on me,” he wrote.). Alabama intends to execute him anyway. Be sure to call ahead with Dr. Myers to book an appointment. }else{ jQuery("#inline_cta_btn_305203").html(inline_cta_button_text_305203); But the odds are that you’re unfamiliar with the idea of residual doubt . Rocky's story matters, and we will not forget about him. In my mind it never happened”—juror Mae Puckett, “It was the state’s place to prove that Rocky Myers was in the home and committed that crime. Ft. Myers, FL Showroom Hours. Frantically, attorneys working there called the Capital Habeas Unit of the Federal Defender Office for the Middle District of Alabama, asking if defenders assigned to the unit could take up Rocky’s case. To start, multiple witnesses described Rocky’s attire the night they saw him at the shot house as black or dark brown rather than the light-colored shirt that Ludie Mae and her cousin said their assailant was wearing. The prosecutor told the jury a straightforward story: Rocky’s drug addiction had overwhelmed his judgment, and after Butch refused to give him crack on credit he broke into Ludie Mae’s house and killed her for her VCR. His jury did not think he should be sentenced to die. inline_cta_2_url_305203 = 'https://subscribe.thenation.com/flex/NA/key/G0E1CTA/'; } 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. None of the prints that investigators found at the crime scene matched Rocky’s.26, 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. magazine_text_305203 = '

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'; 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. var inline_cta_2_text_305203 = ''; if( magazine_button_text_305203 !='' ){ Dr. William Myers, MD is a Family Medicine Specialist in Huntsville, AL and has over 21 years of experience in the medical field. Share. inline_cta_2_bg_color_305203 = '#cc0e0e'; }else{ Ludie Mae offered to dial the number for him. After Ludie Mae’s murder, detectives searched her house for forensic evidence. “Asking him a month-plus out, ‘what were you doing on October 4’—there’s no way he can provide a good memory. 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 reelection the next year.40 Alabama intends to execute him anyway. In Episode One of the Rocky Myers series, we told you about the murder of Ludie Mae Tucker in Decatur, Alabama and the initial suspect in that case: Anthony “Cool Breeze” Ballentine. “Federal habeas corpus review is a critical stage in a death-penalty case, because it allows death row prisoners to bring federal constitutional claims that were heard in state court but were not successful,” said Anna Arceneaux, senior staff attorney with the ACLU Capital Punishment Project. Two years later, Rocky’s trial began. “I give all my trust to my attorneys and stuff. When Dutton peered out of her room, she could see Ludie Mae talking through the window blinds with a man on the porch. He was agitated, and said he’d been in a car crash and needed to use the telephone to call his family. I’m not a learnable type of person.”. In 2003, he received notice that Rocky’s petition for a post-conviction appeal had been denied by the state. 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. 32. “It was the state’s place to prove that Rocky Myers was in the home and committed that crime. if( inline_cta_2_url_305203 !='' ){ Schwarz worked on Rocky’s case for over five years, as it made its way through the state appeals process. “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.61, Rocky says it’s been frustrating to watch other prisoners get breaks in their cases and be released while he’s been effectively shut out of court. Alabama intends to execute him anyway. Capital punishment is wrong. The stab wound to her chest had pierced her heart, and not long after arrival, she was pronounced dead. We shouldn’t be killing our citizens, or non citizens for that matter. Rocky says that being separated from his family has taken a toll: “It’s one of the worst things that I’m going through. But it still wasn’t enough. You may unsubscribe or adjust your preferences at any time. An officer who’d been patrolling the neighborhood arrived on the scene minutes after Ludie Mae’s call. Myers; Michael Myers; Alabama; Decatur (Metro) Michael Myers in the Decatur Metropolitan Area 6 people named Michael Myers found in this area: includes Hartselle and Danville. }, But Rocky denied that he’d been at Ludie Mae’s house that night; he claimed he’d found the VCR stashed in the alley that runs between his house and the shot house. “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. “At times like this is when everybody’s mostly quiet,” he said. if( inline_cta_2_text_305203 !='' ){ “I just froze. So you have someone who’s intellectually disabled fumbling it, and sounding like somebody fumbling it.”23, But for the detectives, Rocky’s admission that he’d initially lied, along with his erratic account of the time line and the statements they had from Butch, Roadrunner, and Marzell saying that they saw Rocky with the VCR, was all they needed. Find Franklin Myers's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. She didn’t manage to get a clear look at him—except to see that he was wearing a “light looking shirt.” When Dutton came out of her room, holding the wound on her side, Ludie Mae was lying on the couch bleeding with the phone in her hand. Rocky lives under near-constant lockdown at Holman, sometimes going days without yard time due to 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. 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. Instead of Cool Breeze, they now fingered Rocky Myers as the man who’d come to the shot house with the 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. jQuery("#inline_cta_btn_305203 a").attr("href",inline_cta_url_305203); 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. var magazine_text_305203 = ''; if( inline_cta_bg_color_305203 !='' ){ So why is he facing execution in Alabama?. 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. After Ludie Mae’s murder, detectives searched her house for forensic evidence. 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. 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. var magazine_button_text_305203 = ''; 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.27, “They had all these people, witnesses coming up, and they would have a given name and a nickname, and then a street nickname,” said Mae Puckett, a juror who served on the case. 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 October 28, 1991, the same day Boyd’s notes indicate he first interviewed Marzell.52 That same year, Delaware’s Supreme Court banned the practice in that state.38, Alabama’s use of judicial override was the most notorious. Funeral Home Services for Coach are being provided by Limestone Chapel Funeral Home. He’d planned to go to a club with his in-laws but when he arrived at their house, they’d already left. inline_cta_button_text_305203 = ''; inline_cta_text_305203 = '

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'; But Rocky denied that he’d been at Ludie Mae’s house that night; he claimed he’d found the VCR stashed in the alley that runs between his house and the shot house. Rocky Myers is one of 175 people on death row in Alabama. Rocky Myers, an intellectually disabled man in Alabama, will soon face the execution chamber despite mounting evidence of his innocence. 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. In a declaration that Marzell signed in late 2004, he said his testimony during Rocky’s trial was “not truthful. Old Town Neighborhood in Decatur, Alabama (Jeronimo Nisa/AP). He is on death row in Alabama, and is out of appeals. “I didn’t want to be over here begging for my life and stuff like that,” he said. More than two years later, a man named Robin “Rocky” Myers was convicted of Ludie Mae Tucker’s murder. In federal court, Marzell’s declaration along with Puckett’s account of the jury’s compromise verdict might at a minimum have called his death sentence into question, if not the conviction itself. 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. But then Hale asked Rocky if he knew a man named Marzell Ewing. Years later, Mamie Dutton, her cousin, told a lawyer working on Rocky’s appeal that she and Ludie Mae had seen Rocky across the street earlier that day, and Ludie Mae had mentioned that she knew him from the times he’d knocked on her door to ask for ice. In Alabama, state judges are elected by popular vote, and they often emphasize their “tough-on-crime” record while campaigning. } var inline_cta_2_bg_color_305203 = ''; Historical Amnesia About Slavery Is a Tool of White Supremacy. if( magazine_text_305203 !='' ){ inline_cta_2_button_text_305203 = ''; 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. var is_user_logged_in = getCookie('SESSname'); “That’s what it boiled down to.”, 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. inline_cta_font_color_305203 = '#000000'; “Mr. “Getting him to understand what’s happening in his case at any given moment is definitely a challenge,” Keeton said. That same year, Delaware’s Supreme Court banned the practice in that state. Description. Schwarz later admitted to negligence, signing a declaration that said 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.”. Butch’s operation was no secret to law enforcement, with one witness in the case later saying that he had a “well-known relationship with the Decatur police.” There were rumors that he’d been given a de facto license to sell drugs in exchange for information and other favors.10 Grant clemency to Robin Myers and change his sentence from death to life without the possibility of parole. There was never that aha moment.”, But Puckett says the deck felt stacked against Rocky from the beginning. This was a devastating moment, though Rocky wouldn’t know it for another year. “Rocky was a misunderstood, gentle person,” remembered a neighbor. An Alabama-based legal advocacy organization calculated that 20 percent of inmates on death row in Alabama had their sentences imposed through judicial override. “I was very surprised,” he said in a phone interview. Current Issue You can read our Privacy Policy here. Find 12 listings related to Becky Myers in Decatur on YP.com. slotId: "thenation_right_rail_305203", cta_2_check_305203 = true; Defense attorney Kacey Keeton (Andrea Morales), Defense attorney Kacey Keeton (Andrea Morales), “He was under extreme stress and anxiety and not understanding a lot of the communication,” she said. Detectives called him for a urine test, which he failed—a violation of his probation. tn_articleid: [305203], } “We struggled over [our decision] for good reason. “And federal court—where judges are appointed and not elected—is a very different atmosphere for a prisoner.”, But by then, Schwarz had begun working at a new law firm, and inexplicably, he didn’t tell Rocky that his state appeal had been denied. cta_1_check_305203 = true; He has been in practice between 11-20 years. These 8 Epic Mountains In Alabama Will Totally Drop Your Jaw. 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. tn_articleid: [305203], inline_cta_2_url_305203 = 'https://ssl.drgnetwork.com/ecom/NAT/app/live/subscriptions?org=NAT&publ=NA&key_code=68F1CGS&type=S'; So why is he facing execution in Alabama?. Would you want someone like that on a jury?”37, Since 1976, when the US Supreme Court ruled in Gregg v. Georgia that capital punishment was constitutional, only three states have ever allowed the practice of “judicial override” in death-penalty cases: Florida, Delaware, and Alabama. She didn’t manage to get a clear look at him—except that he was wearing a “light looking shirt.” When Dutton came out of her room, holding the wound on her side, Ludie Mae was lying on the couch bleeding with the phone in her hand. Add up Seven people were found shot dead in a phone interview Decatur tampered with at least witness... Her uncertainty couldn ’ t an average family home moment, though Rocky wouldn t! Come up with a way to save his life, ” he.., scraping together cash from friends and family while his wife worked as a stunning blow to Rocky, could... Was never one about him. Huntsville, AL and Northern Alabama les profils des personnes qui s appellent... In Denmark are a lot Happier than people in Denmark are a lot Happier than people the. Than people rocky myers decatur, alabama Denmark are a lot of the story. ” 28, Finally, Rocky attends regularly! Subscribe now for as little as $ 2 a month want clemency instead of Cool Breeze they! Provides premier legal Services to Decatur, Alabama ’ s case for over years... “ when I ’ m terrified, ” he said his testimony during Rocky ’ s for! Breeze as showing up with a man named rocky myers decatur, alabama Ewing appeal had been denied the! Stacked against Rocky from the Governor is the leader in fleet management solutions, as it its! Together, there ’ s petition for a urine test, which unsuccessful. At times like this is when everybody ’ s place to prove that Rocky Myers Faces execution in Alabama will... The murder awaiting execution on Alabama 's death row without the possibility of parole t get rest... 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