1776Reporting
In an unprecedented twist, two federal inmates granted clemency by President Joe Biden have taken a surprising stand: they want to remain on death row. Shannon Agofsky and Len Davis, both convicted murderers incarcerated at the US Penitentiary in Terre Haute, Indiana, filed emergency motions in federal court last week, urging the judiciary to halt Biden’s commutation of their sentences to life without parole.
Their refusal stems from concerns about how the commutation could impact their legal appeals. Both men assert their innocence and argue that being removed from death row strips them of critical legal protections.
Legal Disadvantage in Appeals
Agofsky, 53, highlighted the implications of the clemency in his court filing, stating: “To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny. This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”
For inmates on death row, appeals undergo heightened scrutiny, offering an extra layer of examination for errors in their convictions. Agofsky believes losing this advantage would sabotage his chances of proving his innocence.
Davis, 60, echoed these sentiments, describing the situation as a “fast-moving constitutional conundrum.” He argued that retaining a death sentence would keep the spotlight on alleged misconduct by the Justice Department in his case.
No Consent Needed
Despite their resistance, case law does not support the inmates’ objections. The Supreme Court ruled in 1927 that a president’s clemency does not require a convict’s consent. However, both men remain adamant. Agofsky’s filing noted, “The defendant never requested commutation. The defendant never filed for commutation. The defendant does not want commutation and refused to sign the papers offered with the commutation.”
The Crimes and the Convictions
Shannon Agofsky was sentenced to death in 2004 for the brutal killing of a fellow inmate, whom he stomped to death in a Texas prison. At the time, Agofsky was already serving a life sentence for the 1989 abduction and murder of a bank president during a robbery. His wife, Laura Agofsky, shared his perspective with NBC News, stating, “He doesn’t want to die in prison being labeled a cold-blooded killer.” Agofsky maintains he is innocent in the 1989 case and disputes his involvement in the prison killing.
Len Davis, a former New Orleans police officer, was convicted of hiring a hitman to murder Kim Groves in 1994 after she reported him for police misconduct. Davis, too, has consistently proclaimed his innocence, arguing in his filing that the federal court lacked jurisdiction in his case.
A Controversial Clemency
The two inmates were among 37 federal death row prisoners whose sentences were commuted by President Biden, a move that has sparked heated debate. The list included individuals convicted of heinous crimes, such as child murders and mass shootings. However, three infamous inmates—Boston Marathon bomber Dzhokhar Tsarnaev, Pittsburgh synagogue shooter Robert Bowers, and Charleston church shooter Dylann Roof—were notably excluded and remain on death row.
What’s Next?
The court’s decision on Agofsky and Davis’s emergency motions will determine whether their death sentences are upheld or whether Biden’s clemency takes full effect. For now, their fight symbolizes a rare and controversial clash between presidential authority and the rights of convicts, further complicating the debate over capital punishment in America.
As the cases unfold, the nation watches closely, reflecting on the implications for justice, fairness, and the long-standing legal framework governing clemency.
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