Execution of Rocky Myers Approved Despite Claims of Innocence
The Alabama Supreme Court has authorized the execution of Rocky Myers, a man convicted of murdering his neighbor Ludie Mae Tucker in 1991. Myers is set to be executed by nitrogen gas at a date determined by the governor’s office. Despite the court’s decision, his case has raised significant concerns about his guilt and the fairness of his trial. A juror from his 1994 trial, Mae Puckett, has come forward to express her doubts about Myers’ guilt, stating that she believes he is innocent and that the prosecution failed to prove his involvement in the crime. Puckett and Myers’ attorney, Kacey Keeton, are now urging Governor Kay Ivey to consider clemency, arguing that Myers should spend the rest of his life in prison rather than face execution.
The Crime and Initial Investigation
Ludie Mae Tucker, a 69-year-old woman, was stabbed to death in her Decatur home in October 1991. Her cousin, who survived the attack, testified that a man rang the doorbell in the middle of the night, asked to use the telephone, and then attacked Tucker. Before her death, Tucker described her attacker as a short, stocky Black man but could not identify him. Myers, who lived across the street from Tucker with his family, was later charged with the crime. Despite the description provided by Tucker, Myers’ family and supporters argue that there is no physical evidence linking him to the crime. Myers’ son, LeAndrew Hood, recalled that his father and family often visited Tucker to buy ice, and he believes Tucker would have identified Myers if he were the attacker.
The Trial and Its Controversies
Myers’ trial in 1994 was fraught with controversy. Juror Mae Puckett recalled that she and several other jurors had doubts about Myers’ guilt. However, fearing that a mistrial would lead to a harsher sentence in a future trial, Puckett and other jurors agreed to convict Myers but recommended a life sentence. The jury voted 9-3 in favor of life imprisonment. However, under Alabama’s since-abolished judicial override system, the judge ignored the jury’s recommendation and sentenced Myers to death. Puckett has since expressed deep regret over the outcome, calling the trial “an awful, awful thing” and stating that the deck was stacked against Myers from the start.
Missed Deadlines and Failed Appeals
Myers’ case has been further complicated by missed deadlines and failed appeals. His attorney, Earle Schwarz, who was part of a pro bono legal network, stopped working on Myers’ case without informing him. As a result, Myers, who has a low literacy level and reads at a fourth-grade level, was unaware that his lawyer had abandoned his case. He subsequently missed a critical deadline in 2003 to file a federal habeas corpus petition. The 11th Circuit Court of Appeals criticized Schwarz’s actions as an “inexcusable abandonment” but ultimately ruled that Myers should have taken more initiative to monitor his case. Myers’ lawyers have also raised concerns about his intellectual disability, citing IQ scores that fall below the threshold for execution. However, the state has argued that a 2006 assessment placing his IQ at 84 makes him eligible for the death penalty.
Questions of Innocence and Clemency
Despite the legal setbacks, Myers’ attorney, Kacey Keeton, remains adamant that her client is innocent. She has highlighted the lack of physical evidence linking Myers to the crime, the recantation of a key prosecution witness, and the doubts expressed by jurors like Mae Puckett. Keeton has argued that Myers’ case is a prime example of why the death penalty should be approached with caution, even for those who support it. “For those who support the death penalty, Rocky Myers’s case should give you pause,” Keeton said. “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.”
Final Hope for Clemency
With legal avenues exhausted, Myers’ only remaining hope is clemency. His supporters, including juror Mae Puckett and his legal team, are urging Governor Kay Ivey to intervene and commute his sentence to life in prison. Keeton has emphasized that clemency serves as a failsafe in cases where the justice system has failed, as it has in Myers’ case. “Clemency is designed as a failsafe,” Keeton said. “If the system fails—as it has repeatedly failed Mr. Myers—clemency is there to save his life.” As the execution date approaches, the case of Rocky Myers continues to raise questions about justice, fairness, and the reliability of the death penalty in the United States.
