Three-quarters of such cases involved a white victim, though only 35 percent of homicide victims in the state are white.39. Although the practice is now no longer permitted in Alabama, the law passed by the Legislature wasn’t retroactive—which means that anyone put on death row by judicial override stayed there despite the Legislature’s tacit acknowledgement that the practice was unjust. The event Storytellers: How I Became Justice Involved is being held tonight by the Middle District of Alabama Federal Defenders Program. “That’s what it boiled down to.”, Rocky was thus convicted of capital murder, and by a margin of 9-3 the jury provided their agreed-upon recommendation of life without parole to the judge. Myers’ impact goes well beyond basketball accolades, however, and he was reminded of the difference he’s made in many lives Saturday afternoon when seven members of his J.O. According to his lawyers, the state may be preparing to kill an innocent man. Having more than 21 years of diverse experiences, especially in GENERAL PRACTICE, Dr. William S Myers affiliates with no hospital, cooperates with many other doctors and specialists in medical group Family Medicine Associates, Pc. How could someone do that without emotion? jQuery("#inline_cta_btn_305203 a input").css("color",inline_cta_font_color_305203); 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. “I think there was an elderly white lady that was dead in Decatur, Alabama, and the prosecution was telling the jury, ‘Hey, we have this black guy who did it. Rocky Myers - Addendum 4 – Stars Fell on Alabama. He’d been tracked down by an investigator working for Cool Breeze’s defense team, who found him working at the same country club where Cool Breeze’s father served as head waiter. if( is_user_logged_in != null ){ After Butch and Roadrunner changed their statements, homicide detectives turned their focus toward Rocky, who was on probation for receiving stolen property. var inline_cta_2_url_305203 = ''; Rocky's story matters, and we will not forget about him. 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. “The fact that we are potentially executing a man who did not have his day in court because an attorney screwed up should give everybody pause,” Keeton said.61, Rocky says it’s been frustrating to watch other prisoners get breaks in their cases and be released while he’s been effectively shut out of court. Description. The "Shot" House where Ludie Mae’s VRC was found (Clemency for Rocky Myers/YouTube). cta_2_check_305203 = true; var inline_cta_text_305203 = ''; Coach Myers was born on April 10th, 1927, Soon police got another tip that pointed toward his involvement in the murder. Although he was a heavy crack user, his family was respected, with deep roots in Decatur. “The fact that we are potentially executing a man who did not have his day in court because an attorney screwed up should give everybody pause,” Keeton said. When Hale told him that he was facing the electric chair, he started crying and asked to speak with his mother. Rocky, who could only read at a third-grade level, had to ask another prisoner to read the letter aloud to him." )45, 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. But as hard as they tried, Puckett and the others who shared her uncertainty couldn’t get the rest to budge. placementName: "thenation_article_indent", tn_keyword: ['anti-death'], 215 Moulton St E. Decatur, AL 35601 . Website Directions Services (256) 350-1264. For years when she’d visit him in prison, for example, she found it strange that he would refuse her offer to eat while they talked about his case — until she realized that he didn’t know how to operate a vending machine. The next step was to prepare to file a federal habeas petition. if( inline_cta_2_font_color_305203 !='' ){ Dr. William S Myers is a General Practice Specialist in Decatur, Alabama. Contact info for Bill Myers in Decatur, Alabama: Phone number, address lookup, email address, and social networking profiles on Spokeo, your people search engine for contact info & public records. Butch’s operation was no secret to law enforcement, with one witness in the case later saying that he had a “well known relationship with the Decatur police.” There were rumors that he’d been given a de facto license to sell drugs in exchange for information and other favors. A few weeks later, a local man who’d known Cool Breeze for nearly 30 years came forward to claim it, saying that he’d seen someone else cross the road near Ludie Mae’s house with a VCR tucked under his arm on the night of the murder. var inline_cta_bg_color_305203 = ''; } But there were parts of the prosecution’s story that didn’t add up. Butch’s statement described Cool Breeze as showing up with the VCR, “sweating and shaking, acting paranoid as hell.”. Although he was a heavy crack user, his family was respected, with deep roots in Decatur. jQuery("#inline_cta_2_btn_305203 a input").css("background",inline_cta_2_bg_color_305203); 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 . He offered detectives an affidavit saying that the man he’d seen cross the road was short and stocky, certainly not Cool Breeze, who was nearly six-foot tall.13 Rocky, who could only read at a third-grade level, had to ask another prisoner to read the letter aloud to him.46, In a recent interview, Rocky said when he realized what the letter meant, “It scared the hell out of me. Franklin Myers in Alabama. tn_articleid: [305203], if( magazine_button_url_305203 !='' ){ Instead of Cool Breeze, they now fingered Rocky Myers as the man who’d come to the shot house with the VCR. Before the practice was banned by the state legislature in 2017, an Alabama-based legal-advocacy organization called the Equal Justice Initiative calculated that 20 percent of inmates on death row in Alabama had their sentences imposed through judicial override. How could someone do that without emotion? VIDEO: People in Denmark Are a Lot Happier Than People in the United States. Rocky says it’s been frustrating to watch other prisoners get breaks in their case and be released while he’s been effectively shut out of court. Butch’s statement described Cool Breeze as showing up with the VCR, “sweating and shaking, acting paranoid as hell.”11 Dutton was too scared to leave the room. “I’m bleeding to death,” he pleaded. See reviews, photos, directions, phone numbers and more for Becky Myers locations in Decatur, AL. The Death Penalty var magazine_button_text_305203 = ''; “It was the state’s place to prove that Rocky Myers was in the home and committed that crime. if( inline_cta_2_text_305203 !='' ){ And I think that’s it.”—attorney Kacey Keeton, “I think there was an elderly white lady that was dead in Decatur, Alabama, and the prosecution was telling the jury, ‘Hey, we have this black guy who did it. “And I think that’s it.”. A couple of guys calmed me down and told me what to do.”47. You may unsubscribe or adjust your preferences at any time. } After his conviction Rocky was transferred to Holman Correctional Facility, where Alabama carries out its death sentences. A woman who lived in the neighborhood called in and said she’d seen him run into an alley near Ludie Mae’s house on the night of the murder, wearing a white shirt stained with blood. Zingarelli John. Of the three states, Alabama’s use of judicial override was the most notorious. “Rocky was a misunderstood, gentle person,” remembered a neighbor. cta_1_check_305203 = true; “[He] was just a jabbering and his voice was a quivering,” Dutton said later in a statement. A decade after the trial, when Keeton took over Rocky’s appeal she and Sara Romano—an investigator assigned to the case—interviewed another juror who openly used a vicious racial slur to refer to Rocky and called him a “thug.”32, Puckett recalls that at least three other jurors didn’t believe there was enough evidence to convict Rocky. magazine_button_text_305203 = ''; Dutton could hear that he’d come inside the house. “I was very surprised,” he said in a phone interview. Marzell was an associate of Butch’s who, in his own words, “sold drugs, watched houses, and did basically anything he needed at the time.” He and Rocky knew each other well from around the neighborhood. }, But Rocky denied that he’d been at Ludie Mae’s house that night; he claimed he’d found the VCR stashed in the alley that runs between his house and the shot house. Funeral Home Services for Coach are being provided by Limestone Chapel Funeral Home. Background Checks. inline_cta_button_text_305203 = ''; There are many picturesque mountains located throughout Alabama. That means that clemency from the Governor is the only thing that will prevent his execution by the State. 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. tn_ptype: 'article', Schwarz decided that he could no longer represent Rocky, but unfortunately he just sat in a room and said that quietly to himself,” said Keeton. “He was under extreme stress and anxiety and not understanding a lot of the communication,” she said. inline_cta_url_305203 = 'https://www.thenation.com/donate-website/?sourceid=1020084'; tn_pos: 'rectangle_1', So you have someone who’s intellectually disabled fumbling it, and sounding like somebody fumbling it.”. Ft. Myers, FL Showroom Hours. placementName: "thenation_right_rail", people phone reverse address business Log In Sign Up. tn_loc:'atf' Butch’s operation was no secret to law enforcement, with one witness in the case later saying that he had a “well-known relationship with the Decatur police.” There were rumors that he’d been given a de facto license to sell drugs in exchange for information and other favors.10 Armed with the statements, detectives put out a warrant for Cool Breeze’s arrest, picking him up at the aluminum plant where he worked. jQuery("#inline_cta_2_305203").html(inline_cta_2_text_305203); Be sure to call ahead with Dr. Myers to book an appointment. This is the stage in the death penalty process where many sentences have been overturned on the basis of poor representation by counsel at trial, procedural errors, the recanting of witness testimonies, or new evidence of misconduct by prosecution, police, or juries. His death sentence was imposed by a judge who overrode the jury’s recommendation for life without parole through a procedural option that is no longer legal. “But with every nickname came a different version of the story.”. Find 12 listings related to Becky Myers in Decatur on YP.com. For Reprints and Permissions, click here. var is_user_logged_in = getCookie('SESSname'); His jury did not think he should be sentenced to die. if( inline_cta_url_305203 !='' ){ var magazine_button_bg_color_305203 = ''; When Rocky lost his last appeal, he told me that he did not want clemency. jQuery("#magazine_button_305203").html(magazine_button_text_305203); His children remember him as a loving father who, despite his struggles with drug abuse, never left their lives or abused them. Of the 38 people indicted, 36 were arrested a week ago in Alabama, Tennessee, Iowa, Virginia and California. Keeton, Rocky’s current attorney, says that his inability to provide a clear timeline during the interrogation has everything to do with his intellectual disability, which she’s observed in more than a decade of working with him on his case. At the time of Ludie Mae’s murder Rocky was a regular user of crack, but while he’d been arrested for theft he’d never been charged with a crime involving violence. Alabama intends to execute him anyway. He graduated from Wake Forest University School Of Medicine, Medical Center Boulevard medical school in 1999. I mean, we had us,” said Deon Myers, his second-youngest son. Robin “Rocky” Myers may be innocent and intellectually disabled. 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. “I should have returned the file to the Equal Justice Initiative at that time; I did not; that’s on me,” he wrote. } magazine_button_url_305203 = 'https://subscribe.thenation.com/flex/NA/key/G0EECAT/'; In my mind it never happened”—juror Mae Puckett, “It was the state’s place to prove that Rocky Myers was in the home and committed that crime. “I just don’t have any memory of him being any type of violent person.”. Find the obituary of Herman C. Myers (1927 - 2020) from Decatur, AL. if( magazine_button_bg_color_305203 !='' ){ The prosecutor told the jury a straightforward story: Rocky’s drug addiction had overwhelmed his judgment, and after Butch refused to give him crack on credit he broke into Ludie Mae’s house and killed her for her VCR. Once the appeal of a death row inmate’s initial conviction is denied, there is a lengthy, byzantine post-conviction process which can last for decades. The verdict came as a stunning blow to Rocky, who’d been convinced that the trial would end with his acquittal. After Ludie Mae’s murder, detectives searched her house for forensic evidence. Rocky Myers: Alabama: American Civil Liberties Association (ACLU) issues plea to save him from execution noting: "The 53-year-old, who has an intellectual disability, was saddled with an incompetent lawyer, convicted on the evidence from a key witness who has since recanted his testimony, and sentenced to death by a judge who imposed death sentence against the jury’s wishes. inline_cta_2_button_text_305203 = ''; I did not see who brought the VCR to the shot house that night.” He further stated that “Detective Boyd told me that he would take the stolen car that I had been driving and leave it by the side of the road.” Police reports from the time support his story: Two suspects were indeed arrested in a stolen vehicle matching the one described by Marzell on October 28, 1991, the same day Boyd’s notes indicate he first interviewed Marzell.52 DECATUR — Coach Herman C. Myers, 93 of Decatur, passed away on Monday, September 7th, 2020, at Tut Fann State Veterans Home. She didn’t manage to get a clear look at him—except that he was wearing a “light looking shirt.” When Dutton came out of her room, holding the wound on her side, Ludie Mae was lying on the couch bleeding with the phone in her hand. He has been in practice between 11-20 years. The prisoner who’d read the letter to Rocky was represented by the Equal Justice Initiative, and he reached out to the organization to ask for help. From Business: Financial Problems ~ Debtors Court ~ STOP: … According to another Equal Justice Initiative study, the use of judicial overrides to dole out death sentences in Alabama often spiked during election years. This piece was originally published at The Nation. With Cool Breeze in custody, the governor’s office issued a reward for further information about the murder to see if they could strengthen their case. 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. Rocky and his family eventually settled into a home across the street from Ludie Mae. “I kept waiting for that word that was going to tell me what happened and there was never one. If I could read the law in the books and learn and study, I would. Is the Death Penalty Unconstitutional? “There’s a lot of people who support the death penalty,” he said, “But to know that there are people on death row that is or could be innocent—how can you support that, you know?”. Updates. Now, Alabama is working on a protocol for the new method, after which Rocky will be given a new execution date. inline_cta_text_305203 = '
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'; } And Roadrunner testified that Cool Breeze had also been at the shot house on multiple occasions that night, at one point “sweating real hard” and wearing a white sweatshirt with blood on it. And if we were emotional, it was valid. Find your nearest location or order online. jQuery("#inline_cta_2_btn_305203").html(inline_cta_2_button_text_305203); Coach Myers passed away in Athens, Alabama. But the odds are that you’re unfamiliar with the idea of residual doubt . Rocky was sent to jail, where he was interrogated. slotId: "thenation_right_rail_305203", They filed a habeas petition, but it was too late. On the night of October 4, 1991, Mamie Dutton was asleep in a bedroom at her cousin’s house in Decatur, Alabama. A few weeks later, a local man who’d known Cool Breeze for nearly 30 years came forward to claim it, saying that he’d seen someone else cross the road near Ludie Mae’s house with a VCR tucked under his arm on the night of the murder. 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 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. Historical Amnesia About Slavery Is a Tool of White Supremacy. “Federal habeas corpus review is a critical stage in a death-penalty case, because it allows death row prisoners to bring federal constitutional claims that were heard in state court but were not successful,” said Anna Arceneaux, senior staff attorney with the ACLU Capital Punishment Project. University Of Alabama Hospital 7 COMMENTS 2 AWARDS 2 SPECIALTIES 2 Location ... Take a minute to learn about Dr. William S Myers, MD - Emergency Medicine in Decatur, AL, in this video. We need to fight back against the execution of Rocky Myers, not only because the death penalty is barbaric, but also because there is a strong possibility that he is innocent of all crimes. inline_cta_2_text_305203 = '
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'; The case of an intellectually disabled prisoner on death row is a window into the many flaws in the death penalty … Frantically, attorneys working there filed a petition with the Capital Habeas Unit of the Federal Defender Office for the Middle District of Alabama, asking if defenders assigned to the unit could take up Rocky’s case. Sure, some are much higher than others, but they all offer incredible views that are pretty hard to come by. Browse the most recent Alabama obituaries and condolences. jQuery("#magazine_button_305203 a").attr("href",magazine_button_url_305203); Then the day after the murder, a local man handed over to the Decatur police department a VCR matching the description of the one stolen from Ludie Mae’s house. An Alabama-based legal advocacy organization calculated that 20 percent of inmates on death row in Alabama had their sentences imposed through judicial override. He was agitated, and said he’d been in a car crash and needed to use the telephone to call his family. With the door to judicial review shut, the only avenue for relief is intervention by Alabama’s Governor Kay Ivey. In 2016, the U.S. Supreme Court ruled that Florida’s judicial override statute was unconstitutional. After Ludie Mae’s murder, detectives searched her house for forensic evidence. He’d planned to go to a club with his in-laws but when he arrived at their house, they’d already left. “I should have returned the file to the Equal Justice Initiative at that time; I did not; that’s on me,” he wrote.). Myers; Michael Myers; Alabama; Decatur (Metro) Michael Myers in the Decatur Metropolitan Area 6 people named Michael Myers found in this area: includes Hartselle and Danville. Find Franklin Myers's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. It’s the burden of proof that the prosecution must satisfy to secure a conviction of a criminal defendant. inline_cta_text_305203 = '
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'; Celebrate and remember the lives we have lost in Alabama. 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. 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. The elected judge presiding over the case overrode the jury and ordered his execution instead. But I’m not able to do that. This is the stage in the death-penalty process where many sentences have been overturned on the basis of poor representation by counsel at trial, procedural errors, the recanting of witness testimonies, or new evidence of misconduct by prosecution, police, or juries.42, In 1998, a young Tennessee-based lawyer named Earle J. Schwarz agreed to represent Rocky in his post-conviction appeals. We shouldn’t be killing our citizens, or non citizens for that matter. Now, Alabama is working on a protocol for the new method, after which Rocky will be given a new execution date.60, The only chance for Rocky to avoid execution now is a grant of clemency from Governor Kay Ivey. Rocky lives under near-constant lockdown at Holman, sometimes going days without yard time due to staff shortages in home... By a predominantly white jury in the books and learn and study, I didn ’ t married rocky myers decatur, alabama the! - 1:00 PM ; Saturday 9:00 AM - 5:00 PM ; Huntsville, AL Showroom hours presently. Including 501 miles on motorways who reports on human rights and Current affairs sentences through... Afficher les profils des personnes qui s ’ appellent Rocky Myers as the man then ran into Dutton ’ trial! Are pretty hard to come up with a way to save his life find out more about menu... The next step was to prepare to file a federal habeas petition be innocent and intellectually man... 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