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. Would you want someone like that on a jury?”. “I’m bleeding to death,” he pleaded. But the odds are that you’re unfamiliar with the idea of residual doubt . Historical Amnesia About Slavery Is a Tool of White Supremacy. July 11, 2019 / Colin speaks with Rocky's attorney Kacey Keeton and his research assistant Haley Smith about the Rocky Myers case. But it wasn’t Ballentine who was convicted of the fatal stabbing of Tucker; instead, it was Robin “Rocky” Myers, a fish out of water from New Jersey, and his defense at first might seem as implausible as the one presented in My Cousin Vinny. After questioning, the two men signed statements saying that a regular customer of the shot house, Anthony “Cool Breeze” Ballentine, had traded the VCR for crack on the night of Ludie Mae’s murder. With the door to judicial review shut, the only remaining relief was—and still is—intervention by Alabama’s Governor Kay Ivey. }else{ According to another Equal Justice Initiative study, the use of judicial overrides to dole out death sentences in Alabama often spiked during election years. } Rocky Myers (pictured) may be innocent and intellectually disabled. Here’s Why. 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. Of the three states, Alabama’s use of judicial override was the most notorious. if( magazine_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. 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. 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. jQuery("#inline_cta_btn_305203 a input").css("color",inline_cta_font_color_305203); Whitepages people search is the most trusted directory. The case of an intellectually disabled prisoner on death row is a window into the many flaws in the death penalty … 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 . BBB Rating: A+. jQuery("#magazine_button_305203 a").attr("href",magazine_button_url_305203); 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. Ludie Mae offered to dial the number for him. Rocky Myers, who lived across the street from Ludie Mae and fit the physical description, was an easy target. But I’m not able to do that. How could someone do that without emotion? The distance from Fort Myers to Decatur is 748 miles by road including 501 miles on motorways. jQuery("#inline_cta_2_module_305203").addClass("tn-inline-cta-module"); 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. “I just don’t show it because it don’t do any good to other people. 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. Robin “Rocky” Myers may be innocent and intellectually disabled. var inline_cta_2_url_305203 = ''; The elected judge presiding over the case overrode the jury and ordered his execution instead. Cool Breeze was released, and Rocky was charged with the capital murder of Ludie Mae Tucker. magazine_text_305203 = '
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'; tn_keyword: ['anti-death'], 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. 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. When Dutton peered out of her room, she could see Ludie Mae talking through the window blinds with a man on the porch. 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. The US Court of Appeals for the 11th Circuit agreed.48 jQuery("#inline_cta_btn_305203").html(inline_cta_button_text_305203); June 5, 2020; Seven people were found shot dead in a house in northern Alabama late Thursday, and … “Asking him a month-plus out, ‘what were you doing on October 4’—there’s no way he can provide a good memory. In that case, Rocky would be retried in front of a new jury that could have even fewer sympathetic members, and increasing the chances that he would be sentenced to death. var inline_cta_font_color_305203 = ''; He’d planned to go to a club with his in-laws but when he arrived at their house, they’d already left. 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. After his conviction Rocky was transferred to Holman Correctional Facility, where Alabama carries out its death sentences. Coach Myers was born on April 10th, 1927, But he was adamant in stating that he had nothing to do with Ludie Mae’s murder.29, Rocky’s testimony raised critical questions. “And I think that’s it.”8, Rocky wasn’t the first suspect to come under the spotlight during the investigation. Rocky Myers is an intellectually disabled black man from New Jersey facing execution in Alabama for a crime he did not commit. He said he was tired, and he didn’t want to beg anyone for his life. cta_2_check_305203 = true; So why is he facing execution in Alabama?. 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’d planned to go to a club with his in-laws but when he arrived at their house, they’d already left. Dr. William Myers, MD is a Family Medicine Specialist in Huntsville, AL and has over 21 years of experience in the medical field. Contact us today for a customized plan. In the following hours, he admitted knowing Butch and Roadrunner and said that he had indeed traded a VCR for crack at the shot house on the night of Ludie Mae’s murder.20 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.51. 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. } We never had to beg for anything to eat. There are many picturesque mountains located throughout Alabama. 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. In that case, Rocky would be retried in front of a new jury that could have even fewer sympathetic members, and increasing the chances that he would be sentenced to death. 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. The state of Alabama argued that Schwarz’s failings were irrelevant, contending that the burden had been on Rocky to stay on top of his case. His jury did not think he should be sentenced to die. “Asking him a month-plus out, ‘What were you doing on October 4?’—there’s no way he can provide a good memory. , it was too late beg for anything to eat moving to,! 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