Inmates Challenge Biden’s Clemency, Refuse to Sign Commutation Papers
Two convicted murderers recently spared from execution by President Biden’s controversial clemency last month are now seeking to remain on death row. Shannon Agofsky and Len Davis, both incarcerated at the US Penitentiary in Terre Haute, Indiana, have filed emergency motions in federal court to prevent Biden’s death-row reprieve from taking effect. The pair, who maintain their innocence, argue that the commutation undermines their legal standing as they continue to appeal their cases.
Agofsky and Davis have refused to sign the paperwork that would reduce their sentences to life without parole. Agofsky’s filing claims that his constitutional rights are being violated by the commutation, as it would remove the “heightened scrutiny” that death penalty cases receive during appeals. This, he argues, would negatively affect his pending litigation.
Davis, in his own motion, described his situation as a “fast-moving constitutional conundrum,” asserting that maintaining his death sentence draws attention to alleged misconduct within the Justice Department. Both men believe that the loss of their death sentences could hinder their chances for a fair appeal.
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The men’s efforts to challenge the commutation face legal obstacles. The Supreme Court ruled in 1927 that a convict’s consent is not required for the president to grant reprieves or pardons, suggesting the inmates’ motions may not hold much weight in court.
Agofsky, 53, was sentenced to death for the 2001 killing of a fellow inmate, after previously serving a life sentence for the 1989 murder of a bank president. Agofsky, who insists on his innocence in both cases, has expressed that he never requested commutation and refuses to accept the reduced sentence.
Davis, 60, was convicted of orchestrating the 1994 murder of Kim Groves, a woman who filed a police misconduct complaint against him. He maintains his innocence and has questioned the jurisdiction of the federal court that convicted him.
Both men were among 37 federal death row inmates granted clemency by President Biden, which included a range of offenders, from child-killers to mass murderers. However, high-profile figures such as Dzhokhar Tsarnaev, Robert Bowers, and Dylann Roof were not among those granted commutation and remain on death row.
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