Two of the 37 inmates on federal loss of life row whose sentences had been commuted to life with out parole final month by President Biden are rejecting clemency.
Shannon Agofsky, 53, and Len Davis, 60, who’re each within the U.S. Penitentiary in Terre Haute, Indiana, are refusing to signal the paperwork to just accept the president’s clemency motion because of the authorized avenues they’re afforded on loss of life row, in response to courtroom paperwork.
The pair filed emergency motions in federal courtroom on Dec. 30 requesting an injunction to dam the change to their loss of life sentences, saying that accepting their commutations would take away the heightened scrutiny that loss of life penalty appeals obtain.
Heightened scrutiny is a authorized course of through which the courts look at instances like loss of life penalty appeals nearer for errors as a result of these instances are a matter of life or loss of life.
BIDEN COMMUTES SENTENCES OF 37 FEDERAL DEATH ROW INMATES IN FINAL MONTH OF PRESIDENCY
Two of the 37 federal inmates on loss of life row whose sentences had been commuted to life with out parole by President Biden are rejecting clemency. (AP Picture/Manuel Balce Ceneta)
“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 submitting reads. “This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”
Davis, a former New Orleans police officer, “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” towards the Justice Division, he wrote in his submitting.
However, as Davis famous, case regulation on this concern is “quite murky” and there’s no assure the 2 inmates can have their loss of life sentences restored.
Notably, the Supreme Court docket dominated in 1927 {that a} president might grant reprieves and pardons with out the convict’s consent. Each inmates wrote of their filings that they by no means requested commutation.
BIDEN’S RATIONALE BEHIND CHRISTMAS PRESENT FOR DEATH ROW KILLERS FOGGY AT BEST: EXPERT
A jury convicted Agofsky within the 1989 homicide of Dan Brief, an Oklahoma financial institution president. His physique was present in a lake after prosecutors mentioned Agofsky and his brother, Joseph Agofsky, kidnapped and killed Brief earlier than stealing $71,000 from the financial institution.
Joseph Agofsky was discovered not responsible of homicide, however was sentenced to life in jail for the theft. He died behind bars in 2013.
Shannon Agofsky was sentenced to life in jail after he was convicted on homicide and theft expenses. He was later convicted within the 2001 stomping loss of life of fellow inmate, Luther Plant, whereas he was incarcerated in a Texas jail. A jury advisable a loss of life sentence in that case in 2004.
A Texas jury advisable Shannon Agofsky be sentenced to loss of life after he was convicted of killing a fellow inmate whereas incarcerated. (AP)
Agofsky mentioned in his submitting final week that he’s disputing how he was charged with homicide in Plant’s loss of life and that he’s additionally searching for to “establish his innocence in the original case for which he was incarcerated.”
His spouse, Laura, who married him in 2019 over the cellphone, advised NBC Information that his legal professionals had inspired him to hunt a presidential commutation, however he refused as a result of he was afforded authorized counsel essential in his appeals as a loss of life row inmate. She mentioned her husband nonetheless has legal professionals serving to him in his case.
She advised the outlet that her husband solely having his sentence commuted is “not a win for him” as a result of she believes there’s proof that may show his innocence.
“He doesn’t want to die in prison being labeled a cold-blooded killer,” she mentioned.
Davis was discovered responsible in reference to the 1994 homicide of Kim Groves, who had filed a criticism towards him as a police officer on allegations he beat a youngster in her neighborhood. Prosecutors charged Davis with violating Groves’ civil rights after accusing him of hiring a drug vendor to kill her.
A federal appeals courtroom tossed out Davis’ unique loss of life sentence, however it was reinstated in 2005.
Davis “has always maintained his innocence and argued that federal court had no jurisdiction to try him for civil rights offenses,” his submitting reads.
Solely three of the 40 males on federal loss of life row are nonetheless dealing with execution following President Biden’s commutations final month. (AP Picture/Sue Ogrocki, File)
Each Davis and Agofsky are urging a choose to nominate a co-counsel of their requests for an injunction of the commutations.
The Justice Division issued a moratorium on executions in the course of the Biden administration, however President-elect Trump has vowed to broaden federal executions when he returns to the White Home later this month.
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“I am more convinced than ever that we must stop the use of the death penalty at the federal level,” Biden mentioned in a press release final month. “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
The three federal loss of life row inmates who weren’t granted clemency had been Dzhokhar Tsarnaev, who was convicted within the 2013 Boston marathon bombing; Dylann Roof, who was discovered responsible within the 2017 mass capturing at a Charleston, South Carolina, church; and Robert Bowers, who was sentenced for the 2018 mass capturing at a Pittsburgh Synagogue.
