In a first, Governor Kay Ivey of Alabama, a fervent supporter of capital punishment, commuted the death sentence of a disabled man intellectually condemned by murder on Friday.
She said there was not enough evidence to support Robin “Rocky” Myers, but there was not enough evidence to free him.
“I am not convinced that Mr. Myers is innocent, but I am not so convinced of his fault to approve his execution,” said the governor in a statement.
The prosecutors alleged that on October 4, 1991, Myers went to a house in Decatur, stabbed two people, killing Ludie Mae Tucker, then he left with a VHS machine that later changed to Cocaine Crack.
The victims, including Tucker before he died, did not identify Myers, but the police did not believe in their history that that VHS machine found, according to the death penalty information center.
Although a jury recommended a life imprisonment for Myers, a state judge sentenced him to death.
Ivey said Friday that he has “questions” about the case, pointing out that no homicidal weapon was found, no evidence of digital footprints with myers was linked and that no evidence of DNA or other physical evidence linked him to the scene.
“As far as I governed, I have presided over 22 executions, and I will never hesitate in my belief that the death penalty is just a punishment for the most serious crimes of society,” he said.
Everything joined for a rare exception for Ivey.
“This decision has been one of the most difficult decisions I’ve had to take as governor,” he said.
The Federal Public Defense Kacey Keeton, who represents Myers and helped him request the commutation, expressed his gratitude.
“I am not sure that there are enough words to convey my joy, relief and gratitude upon learning of Governor Ivey’s decision to commute Mr. Myers’ judgment,” Keeton said in a statement.
Myers, the lawyer continued, is now more “without rising for the terror that comes with a death sentence. I am grateful to the many people who did everything possible to support this request, and beyond thanking the governor Ivey for their decision today. Our thoughts remain with the family of Mrs. Tucker.”