Robin Myers was sentenced to death by the State of Alabama for a murder committed during a robbery. According to court documents Robin Myers broke into a home in order to commit a robbery and in the process stabbed two people in which one of them died. Robin Myers stole a videotape recorder from the home. Robin Myers was arrested, convicted and sentenced to death. There are claims of innocence in this case
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The evidence in this case showed that [Robin Myers] unlawfully entered the home of Ludie Mae Tucker in the middle of the night. He stabbed Mrs. Tucker, and then ran into a bedroom, where he stabbed her houseguest and cousin, Marie Dutton. Mrs. Dutton survived the attack, but Mrs. Tucker died as a result of her injuries. As [Robin Myers] was leaving the house, he took a videocassette recorder. He later traded this videocassette recorder for crack cocaine. [Robin Myers] testified that he did not kill Mrs. Tucker or stab Mrs. Dutton. He stated that he found the videocassette recorder in some bushes behind his house and that he took it and traded it for cocaine.”
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Robin “Rocky” Myers is a 53-year-old intellectually disabled black man who was convicted of capital murder and sentenced to death in 1993 for a crime he did not commit.
With a vote of 9-to-3, an overwhelmingly white jury in Decatur, Ala., recommended that Robin be sentenced to Life Without the Possibility of Parole. The elected judge presiding over the case overrode the jury and ordered his execution instead.
The United States Supreme Court recently found this practice of judicial override to be unconstitutional and struck down Florida’s capital sentencing scheme, which allowed override. Alabama is now one of only two states that allows for such judicial override and it stands alone in giving a judge no guidance in exercising this power.
In the last 15 years, shockingly, Alabama is the only state to ever use judicial override to sentence someone to death. To quote U.S. Supreme Court Justice Thurgood Marshall, “[I]t approaches the most literal sense of the word ‘arbitrary’ to put one to death in the face of a contrary jury determination where it is accepted that the jury had indeed responsibly carried out its task.”
In all of Rocky’s post-conviction proceedings, he and his counsel have argued that he should not be executed because he is innocent and intellectually disabled. Additionally, Alabama’s decision to execute Rocky is a direct violation of a 2002 U.S. Supreme Court ruling that found the execution of an intellectually disabled inmate to be cruel and unusual and, therefore, in violation of the Eighth Amendment to the U.S. Constitution. And because Rocky’s counsel abandoned him in the midst of his post-conviction proceedings, these claims have never been fully addressed by any court.
Rocky has no further appellate process available to him, and is subject to receive an execution date at any time. Your signature to this petition is not a vote for his innocence. It is a vote for justice, and one that will hopefully compel the state of Alabama and Gov. Robert Bentley to grant Rocky clemency from an elected judge’s arbitrary decision and allow him to serve the sentence the jury of his peers intended –– Life Without the Possibility of Parole.
To learn more about or to keep up with the status of Rocky’s case, please visit www.clemencyforrockymyers.wordpress.com.