Two Death Row Inmates Decline Biden’s Sentence Commutation
Two inmates on federal death row, whose sentences were commuted last month, are attempting to block President Joe Biden’s clemency decision.
Shannon Wayne Agofsky, condemned in 2004 for the murder of a fellow inmate in Texas, and Len Davis, a former police officer from Louisiana sentenced in 2005 for orchestrating the killing of a woman who had filed a complaint against him, both submitted urgent petitions last month to stop their death sentences from being changed to life imprisonment without the possibility of parole.
In his legal documents, Agofsky stated, “The defendant never requested commutation. The defendant never filed for commutation. The defendant does not want commutation, and has refused to sign the documents regarding the commutation.”
Agofsky, who initially faced a death sentence for a different murder committed when he was 18, has asserted that he is working “tirelessly” to prove his innocence in his original case and is challenging his death sentence, claiming that the charges were presented in a “multiplicitous and unconstitutional manner,” according to The Death Penalty Information Center.
“Changing his sentence now, while he is still pursuing legal action, removes his right to heightened scrutiny and places him in a fundamentally unfair situation, which could sabotage his ongoing appeals,” Agofsky wrote.
Laura Agofsky explained to NBC News that her husband did not want to seek a presidential commutation as he believes it would interfere with his access to crucial legal representation while on death row.
Laura Agofsky stated, “He doesn’t want to spend his life in prison being regarded as a cold-blooded killer.”
In a separate filing, Davis maintained his innocence and argued that the federal court should not have jurisdiction over his civil rights case. He mentioned that his death sentence highlights “significant misconduct” from the Justice Department.
Both individuals have refused to accept or sign any commutation-related documents. However, a Supreme Court ruling from 1927 allows the president to commute sentences without the inmate’s consent.
Last month, Biden commuted the sentences of almost all inmates on federal death row, an act the White House hailed as the largest single-day clemency initiative in recent history.
The list of those whose sentences were commuted did not include Dzhokhar Tsarnaev, who was condemned for the 2013 Boston Marathon bombing that killed three people and injured over 260; Robert Bowers, convicted for the 2018 Tree of Life synagogue massacre in Pittsburgh that resulted in 11 fatalities; and Dylann Roof, responsible for the 2015 mass shooting at an African American church in Charleston, South Carolina, where nine individuals lost their lives.
The purpose of these commutations was to prevent the incoming President Donald Trump from reinstating executions that had been put on hold during Biden’s presidency.
Biden expressed, “I cannot, in good conscience, allow a new administration to resume the executions I ceased.”