Two federal inmates challenge Biden’s clemency, refuse commutation of death sentences

Two federal inmates, Shannon Agofsky and Len Davis, are refusing to accept outing US President Joe Biden’s decision to commute their death sentences to life imprisonment without parole. Their refusal comes after Biden commuted the sentences of 37 federal death row inmates last month, sparing them from execution.

Both men, housed at the US Penitentiary in Terre Haute, Indiana, have filed emergency motions in federal court to block the commutations.

Inmates argue commutation hurts legal appeals

Agofsky and Davis claim that the commutation undermines their ability to appeal their convictions under heightened scrutiny, a legal standard that courts apply to death penalty cases due to their life-and-death stakes.

“To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” Agofsky’s filing stated.

“This constitutes an undue burden and leaves the defendant in a position of fundamental unfairness,” his filing further mentioned.

Davis echoed these concerns, writing in his motion that the commutation would diminish attention to what he alleges is misconduct in his case. “The case law on this issue is quite murky,” Davis added, thanking the court for its “prompt attention to this fast-moving constitutional conundrum.”

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Legal experts say challenge faces hurdles

Legal scholars note that inmates have little chance of successfully reversing a presidential commutation. A 1927 US Supreme Court ruling established that the president has unilateral authority to grant clemency without the convict’s consent.

A report by NBC News quoted Dan Kobil, a constitutional law professor at Capital University, as explaining that while some prisoners have refused commutations in the past, courts view such decisions as being in the public interest.

“Just as we impose sentences for the public welfare, the president commutes sentences for the public welfare,” Kobil said.

Details of the cases

Agofsky, 53, was convicted in the 1989 murder of an Oklahoma bank president, Dan Short, during a robbery. While serving a life sentence, he was convicted of the 2001 murder of fellow inmate Luther Plant and sentenced to death in 2004. He maintains his innocence in both cases.

His wife, Laura Agofsky, whom he married over the phone in 2019, said he refused to request clemency because his death sentence status provides him with legal counsel critical to his appeals. “He doesn’t want to die in prison being labeled a cold-blooded killer,” she said.

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Davis, 60, a former New Orleans police officer, was sentenced to death for orchestrating the 1994 murder of Kim Groves. Prosecutors said Davis hired a drug dealer to kill Groves after she filed a misconduct complaint against him. Davis maintains his innocence and argues that federal courts lacked jurisdiction in his case.

Biden’s clemency decision sparks mixed reactions

Biden commuted the sentences of 37 federal death row inmates, citing his opposition to the death penalty. “I cannot stand back and let a new administration resume executions that I halted,” the US President said.

His administration had previously imposed a moratorium on federal executions.

While Biden’s decision was praised by anti-death penalty advocates, it faced backlash from some quarters. The Office of the Independent Police Monitor in New Orleans criticised the commutation of Davis’ sentence, calling it “a painful reminder that justice is not always served as it should be.”

“In this action, President Biden showed more mercy for Davis than this corrupt officer ever showed for Kim Groves, her children and family, and the people of New Orleans,” the office said.

Agofsky & Davis continue legal fight

Both inmates are now requesting co-counsel to assist in their legal motions to block the commutations. Despite the challenges, their cases remain ongoing.