How Alabama’s first commuted death sentence this century came about

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When Governor Kay Ivey commuted 63-year-old Robin “Rocky” Myers’ death sentence, his attorneys say, he was in disbelief. 

“No!” He exclaimed over the phone. “Are you serious?” 

Myers has been on Alabama’s death row for more than 30 years. Then, on February 28, he became the first Alabamian this century to have his death sentence commuted. 

In her statement commuting Myers’ sentence, Ivey cited the lack of evidence tying Myers to the scene of Ludie Mae Tucker’s murder.  

“There was no forensic evidence linking Mr. Myers to the crime at all,” one of his attorneys, Kayce Keeton said. 

In 1991, Myers and Tucker were neighbors in Decatur and they knew one another. But when Tucker described her attacker to emergency responders, she did not use his name. Moreover, when police interviewed Myers, they observed the severity of his medically-severe sloughing eczema. 

“Literally his skin was flaking off,” Keeton said. “We have a case here where the intruder entered the home and stabbed Mrs. Tucker. And yet there is literally no physical evidence of Mr. Myers being there. That would be virtually impossible with his condition at the time.” 

Keeton said many details in the case don’t connect Myers to the crime at all. Regardless, a judge imposed the death penalty in 1994, three years after the original crime.

Over the years, appeals for Myers’ death sentence failed. But his case wasn’t over thanks to people like Abraham Bonowitz, executive director of Death Penalty Action, a nonprofit helping people around the country who are on death row get clemency. Bonowitz pointed out that there was more to this case than the lack of physical evidence.

“There’s a number of other problems with the fairness in due process,” Bonowitz said. “In particular, Rocky’s defense attorney at trial, was a member of the klan.” 

Keeton says photos and news articles suggest links between that attorney, John Mays, and the Ku Klux Klan. Some pictures appear to show him speaking at klan events. 

“So here you are, a Black man, being represented by somebody who would just as soon string you up on a tree outside,” Bonowitz said. “How is that fair?”

Volunteers like Bonowitz collected 800,000 signatures on a petition in support of  Myers. They called Governor Ivey’s office asking for clemency. Their work paid off.

“She looked at the case carefully before setting a date and chose instead to commute,” Bonowitz said. “It’s the first commutation in Alabama since 1999.”

Attorney General Steve Marshall wrote a letter to the governor, affirming his belief that Myers committed the crime and should get the death penalty. But in a statement, Ivey said while she is not convinced of Myers’ innocence, she is also not so convinced of his guilt to approve an execution. 

“The takeaway for me is the hope that she’ll look at other cases with open eyes,” Bonowitz said.

Bonowitz is currently working to save six others facing the death penalty this month across the country. He pointed out that in 2024, Alabama had the most executions of any state. But Bonowitz poses a question to supporters of the death penalty. 

“Can we trust the government with the power to get it right every time?” 

In Myers’ case, he will serve life without parole. One of his attorneys, Miriam Bankston, recalled a moment from the phone call in which Myers shared the news with his son.

“His son told him that he was now a symbol of hope that people can get clemency,” Bankston said.