Two death row inmates reject Biden's commutation of their life sentences

Two death row inmates, Shannon Agofsky and Len Davis, have rejected President Joe Biden’s recent commutation of their death sentences to life without parole, which spares them from execution.

The two men, currently incarcerated at the US Penitentiary in Terre Haute, Indiana, filed emergency motions in federal court on December 30, seeking to block the commutation, arguing it would disadvantage their ongoing appeals based on claims of innocence, Caliber.Az reports via foreign media.

Agofsky, convicted for the 1989 murder of an Oklahoma bank president, and Davis, convicted for the 1994 murder of a New Orleans woman, contend that commutation would strip them of the heightened legal scrutiny typically applied in death penalty cases, potentially hurting their chances of a successful appeal.

Agofsky also argues that the change in sentence could undermine his legal protection during active litigation, while Davis asserts that the commutation disregards alleged misconduct within the Justice Department.

Legal experts note that while inmates can object to a commutation, they cannot ultimately prevent it, as a 1927 Supreme Court ruling grants presidents the power to grant clemency without the convict’s consent. The Justice Department did not immediately comment on the matter.

Biden commuted the sentences of 37 federal inmates last month as part of a broader effort to halt federal executions, fulfilling his long-held opposition to the death penalty. However, his decision was met with mixed reactions, with some groups criticizing the commutation of inmates like Davis, whose actions were tied to corruption within the New Orleans police force.

Agofsky’s wife, Laura, who married him in 2019, expressed concern that a commutation would hinder her husband’s quest to prove his innocence but acknowledged that they would continue their legal battle. Despite the rejection, Agofsky and Davis both remain focused on their appeals and maintaining their legal representation.

By Vafa Guliyeva