In a first, Gov. Kay Ivey of Alabama, an ardent supporter of capital punishment, commuted the death sentence of an intellectually disabled man convicted of murder on Friday.
She said there wasn’t enough evidence to support killing Robin “Rocky” Myers but there wasn’t enough evidence to free him, either.
“I am not convinced that Mr. Myers is innocent, but I am not so convinced of his guilt as to approve of his execution,” the governor said in a statement.
Prosecutors alleged that on Oct. 4, 1991, Myers went to a Decatur home, stabbed two people, killing Ludie Mae Tucker, then left with a VHS machine he later traded for crack cocaine.
The victims, including Tucker before she died, did not identify Myers, but police didn’t believe his story that he found that VHS machine, according to the Death Penalty Information Center.
Though a jury recommended a life sentence for Myers, a state judge sentenced him to death.
Ivey said on Friday that she has “questions” about the case, noting no murder weapon was found, no fingerprint evidence was linked to Myers, and no DNA evidence or other physical evidence tied him to the scene.
“Thus far as governor, I have presided over 22 executions, and I will never waver in my belief that the death penalty is just punishment for society’s most serious crimes,” she said.
It all added up for a rare exception for Ivey.
“This decision has been one of the most difficult decisions I’ve had to make as governor,” she said.
Federal public defender Kacey Keeton, who represents Myers and helped him petition for commutation, expressed gratitude.
“I’m not sure there are words enough to convey my joy, relief, and gratitude at learning of Gov. Ivey’s decision to commute Mr. Myers’ sentence,” Keeton said in a statement.
Myers, the attorney continued, is now more “unburdened by the terror that comes with a death sentence. I’m grateful to the many people who went to extraordinary lengths to support this petition, and beyond grateful to Gov. Ivey for her decision today. Our thoughts remain with the family of Mrs. Tucker.”
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