Steve Marshall ‘deeply saddened’ Kay Ivey commuted Alabama Death Row inmate’s sentence

Alabama Attorney General Steve Marshall was highly critical of Gov. Kay Ivey’s decision Friday to commute an Alabama inmate’s death sentence.

In a Friday night statement, Marshall said Ivey’s decision belied the facts of Robin “Rocky” Myers’ case.

“I am astonished by Governor Ivey’s decision to commute the death sentence of Rocky Myers and am bewildered that she chose not to directly communicate with me about this case or her decision,” Marshall said.

The commutation came a day after Marshall sent Ivey a 16-page letter imploring the governor not to be persuaded by Myers’ clemency plea.

“If one knew nothing of Myers’s case, then his clemency letter could give one pause. The letter, however, is a retread of litigated claims and vague yet breathless allegations of impropriety,” the attorney general wrote in the letter, released to the press along with Marshall’s statement.

“While this response to the letter is admittedly lengthy, I hope it sets your mind at ease about the propriety of Myers’s death sentence and of the Alabama Supreme Court’s decision to authorize you to set a date.”

Ivey announced Friday she has commuted his sentence to life in prison without the chance of parole.

Myers, 63, was set to die by inhaling nitrogen this spring at William C. Holman Correctional Facility in Atmore. The New Jersey native has been on Alabama’s Death Row for more than 30 years, for the stabbing death of Ludie Mae Tucker.

Ivey said in a Friday afternoon statement: “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. I also reject all attempts to manipulate the system by activist lawyers for death row inmates who make unfounded claims of contrived injustices.”

READ MORE OF AL.COM’S COVERAGE OF THE ROCKY MYERS CASE HERE

“However, in the case of Ludie Mae Tucker’s murder, I have enough questions about Mr. Myers’ guilt that I cannot move forward with executing him. For example, no murder weapon was found, and no DNA evidence or fingerprints or other physical evidence tied Mr. Myers to the scene of the crime. Although Ms. Tucker knew Mr. Myers and let her attacker inside the house, neither she nor Marie Dutton – the only two eyewitnesses to the crime – ever identified Mr. Myers as the assailant. There is also other circumstantial evidence, but it is riddled with conflicting evidence from seemingly everyone involved.”

Marshall claimed the governor’s decision was unwarranted.

“For the last 30 years, my Office has zealously defended this case on appeal; and for 30 years, no court has reached the conclusion that the Governor reached after a cursory review. Despite my Office’s thorough response to the Governor’s request for information yesterday afternoon, her decision was announced less than 24 hours later.

“My capital litigation and victims’ services teams will go home tonight deeply saddened, not for themselves, but for the family of Ludie Mae Tucker,” the attorney general said.

“We will never stop fighting for justice.”