2 Death Row Inmates Reject Biden's Clemency, Fight To Keep Execution Sentences: Reports

Two convicted murderers, Shannon Agofsky and Len Davis, who were among the inmates granted clemency by President Joe Biden last month, have taken legal action to remain on death row. Both are currently incarcerated at the US Penitentiary in Terre Haute, Indiana, and have refused to accept life sentences without parole.

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Why Agofsky and Davis Want to Stay on Death Row

Despite being spared execution, Agofsky and Davis have rejected the commutation, arguing that it puts them at a legal disadvantage as they appeal their convictions. Reports from NBC News indicate that both inmates maintain their innocence and believe that Biden’s intervention could negatively impact their ongoing legal battles.

Agofsky’s court filing stated, “To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny. This constitutes an undue burden and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”

Davis echoed similar concerns, describing his situation as a “fast-moving constitutional conundrum.” He further argued that remaining on death row would draw attention to what he alleges is significant misconduct within the Justice Department.

Legal Implications and Supreme Court Precedent

Under legal precedent established by a 1927 Supreme Court ruling, a convict’s consent is not required for a presidential pardon or reprieve to take effect. However, Agofsky and Davis are seeking to challenge this principle, asserting that the clemency interferes with their legal rights.

In capital punishment cases, appeals undergo heightened scrutiny, increasing the likelihood of identifying errors in convictions. If their sentences are converted to life without parole, both inmates fear they will lose this advantage.

Background on the Convicts

Shannon Agofsky was sentenced to death in 2004 for the murder of a fellow inmate in Texas. He was already serving a life sentence for the 1989 abduction and murder of a bank president. Despite the convictions, Agofsky continues to dispute his role in the crimes. His wife, Laura Agofsky, told NBC News, “He doesn’t want to die in prison being labeled a cold-blooded killer.”

Len Davis, a former New Orleans police officer, was sentenced to death for orchestrating the 1994 murder of Kim Groves. Groves had filed a complaint against Davis for police misconduct, prompting him to hire a hitman to kill her. Davis has consistently maintained his innocence and has claimed that the federal court that convicted him lacked jurisdiction.

Biden’s Controversial Clemency Decision

President Biden's recent clemency order affected 37 federal death row inmates, including Agofsky and Davis. The list included individuals convicted of heinous crimes, including mass murders and child killings. The move has sparked significant debate, with critics questioning the rationale behind sparing those convicted of the most severe offenses.