AG Steve Marshall "astonished" and "bewildered" by Governor Kay Ivey's decision to commute the death sentence of Rocky Myers

February 28, 2025 – MONTGOMERY, AL - The Alabama Attorney General's office was taken aback by Governor Kay Ivey's (R) decision to commute the death sentence of convicted murderer Robin "Rocky" Myers.

Alabama Attorney General Marshall (R) releases a statement on Governor Ivey's decision to commute the death sentence of Rocky Myers for the 1990 slaying of Ludie Mae Tucker. Marshall said that he was "astonished" and "bewildered" by the Governor's decision and said that the surprise move "saddened" his team by the news that the family of Ludie Mae Tucker will never get justice in this life.

"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.

"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," said Marshall. "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. We will never stop fighting for justice."

Even though a jury of his peers found Myers guilty, Marshall and his predecessors at the AG's office (Luther Strange, Troy King, Bill Pryor, and Jeff Sessions) all reviewed the case and agreed with the righteousness of the jury verdict, as well as every court that has ever reviewed this case – Governor Ivey (playing amateur detective) expressed her "grave doubts" as to Myers' guilt in the gruesome slaying of Ludie Mae Tucker – without giving the AG's office the opportunity to present their case for carrying out the long delayed sentence.

Governor Kay Ivey on Friday announced that she has commuted the death sentence of Robin D. "Rocky" Myers to life in prison with no chance of parole. Mr. Myers was convicted and sentenced to death for the 1991 capital murder of Ludie Mae Tucker in Decatur, Alabama.

As required by law, the governor notified a representative of Ms. Tucker's family. The governor communicated her decision to the Tucker family first. She also notified the attorney general.

"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," Governor Ivey said in a statement. "I also reject all attempts to manipulate the system by activist lawyers for death row inmates who make unfounded claims of contrived injustices."

"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," Gov. Ivey said. "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."

"In short, I am not convinced that Mr. Myers is innocent, but I am not so convinced of his guilt as to approve of his execution," concluded Ivey. "I therefore must respect both the jury's decision to convict him and its recommendation that he be sentenced to life without parole. This decision has been one of the most difficult decisions I've had to make as governor. But it pales in comparison to the pain and suffering Ludie Mae Tucker and Marie Dutton endured on the night of October 4, 1991 – and to the many hardships the Tucker family has endured at the hands of our imperfect justice system. I pray that the Tucker family may, in some way, find closure and peace knowing this case is closed, and Mr. Myers will spend the rest of his life in prison."

This was not a pardon – in Alabama the Governor does not have pardon powers – but it does mean that Myers will never get out of prison – even though the Governor believes there are "enough questions about Mr. Myer's guilt" – doubts that Marshall and his team as well as the courts and the jury never had.