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Two death row inmates have rejected President Joe Biden’s offer to commute their sentences as he prepares to leave the White House, stating they are intent on proving their innocence instead. Shannon Agofsky, 53, and Len Davis, 60, are refusing to accept the change from the death penalty to life in prison, citing the legal advantages they possess while on death row, according to court documents.
Agofsky and Davis filed emergency motions in federal court on December 30 seeking to block the commutations. They argue that accepting commutation would eliminate the “heightened scrutiny” that accompanies death penalty appeals.
This heightened legal review ensures that cases involving the death penalty are examined closely for errors, given their life-or-death nature. Agofsky, convicted of orchestrating the robbery and murder of an Oklahoma bank president in 1989 and later of killing a fellow inmate, claims the commutation interferes with his ongoing legal battles.
Davis, convicted of orchestrating the murder of civil rights complainant Kim Groves in 1994, contests the validity of his federal civil rights offense trial. Like Agofsky, Davis argues that the removal of death sentence scrutiny would impede his legal efforts.
Historically, a 1927 Supreme Court decision established that presidential reprieves require no consent from the individual. Agofsky and Davis, both maintaining their innocence, did not petition for commutation.
President Biden has also issued a large number of presidential pardons since President-elect Donald J. Trump’s victory in the November elections. Pardons include his son, Hunter Biden, despite previous promises that he would not pardon him.
Others, including Congressman Bennie Thompson (D-MS), former chair of the House Democrats’ January 6 Committee, have expressed interest in getting pardons from Biden before he leaves office, allegedly fearing reprisals from President-elect Trump.
Image by Angie.
