Two death row inmates decline Biden's offer to commute their sentences to life in prison.

 Shannon Agofsky and Len Davis were two of the 37 federal prisoners whose death sentences were commuted to life imprisonment without the possibility of parole, out of a total of 40 individuals.

Jan. 7, 2025, 4:31 AM GMT+6

Two prisoners who were among the 37 federal inmates granted clemency by President Joe Biden last month — a move that spares them from the death penalty — have taken an unusual stance: they are refusing to sign the paperwork accepting the commutation.

Shannon Agofsky and Len Davis, both incarcerated at the U.S. Penitentiary in Terre Haute, Indiana, filed emergency motions in federal court on December 30, seeking to block their death sentences from being commuted to life in prison without parole.

The men argue that receiving a commutation would put them at a legal disadvantage in their ongoing appeals, as they seek to prove their innocence.

Appeals in death penalty cases receive heightened scrutiny due to the life-or-death consequences of the sentence. While this scrutiny does not guarantee a higher chance of success, Agofsky believes that losing this level of attention could hurt his case.

"Commuting his sentence now, while the defendant has active litigation, strips him of heightened scrutiny protections," Agofsky's filing reads. "This constitutes an undue burden and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures."

Davis similarly expressed concern, claiming that his death sentence had drawn attention to alleged misconduct by the Justice Department. In his filing, Davis thanked the court for its attention, acknowledging that the legal situation was complex.

However, experts caution that the likelihood of having a death sentence restored is slim. Dan Kobil, a constitutional law professor, explained that a 1927 U.S. Supreme Court ruling grants the president the authority to grant reprieves and pardons without the convict’s consent. Kobil noted that some prisoners have refused commutations, preferring execution, but emphasized that clemency actions are made in the public interest.

Robin Maher, executive director of the Death Penalty Information Center, pointed out that most federal death row inmates were grateful for Biden's commutation decision, which was "constitutionally authorized and absolute." The Justice Department's Office of the Pardon Attorney did not respond to requests for comment.

Agofsky was convicted in the 1989 murder of Oklahoma bank president Dan Short, whose body was found in a lake. Prosecutors said Agofsky and his brother, Joseph, kidnapped and killed Short before stealing $71,000. While a jury acquitted Joseph Agofsky of murder, he was sentenced to life for robbery, while Shannon Agofsky received a life sentence for murder and robbery. In 2001, Agofsky was convicted of the stomping death of fellow inmate Luther Plant and received a death sentence.

In his filing, Agofsky, now 53, contends that he was wrongfully charged in the murder of Plant and that he is working to prove his innocence in both cases.

"I never requested commutation," Agofsky stated in his filing. "I do not want commutation, and I refused to sign the papers offered with the commutation."

Agofsky's wife, Laura, said that while his attorneys advised him to seek clemency, he declined, as his status on death row provided him access to critical legal representation. She believes that there is evidence that can prove his innocence and that a commutation would not benefit him. "He doesn't want to die in prison being labeled a cold-blooded killer," Laura Agofsky said.

Davis, convicted for the 1994 murder of Kim Groves — a woman who had accused him of police brutality — has always maintained his innocence. He was convicted of violating Groves’ civil rights after hiring a drug dealer to kill her. His death sentence was overturned in 2003, but reinstated in 2005. Davis' legal team is also seeking an injunction to block the commutation.

Both Davis and Agofsky are requesting that a judge appoint co-counsel to assist with their legal actions regarding the commutations.

Maher of the Death Penalty Information Center affirmed that all criminal defendants, including those convicted of capital offenses, are entitled to competent legal representation. "Death sentences deserve the highest quality legal representation and judicial scrutiny," Maher stated.

Biden's decision to commute the sentences of 37 federal death row prisoners came after weeks of speculation. His move was praised by human rights and anti-death penalty groups. Biden also imposed a moratorium on federal executions during his presidency and expressed strong opposition to resuming executions under the next administration.

While Biden did not grant commutations to three prisoners involved in mass killings or terrorist acts, his decision still faced criticism. The Office of the Independent Police Monitor in New Orleans criticized the commutation of Davis' sentence, calling it a reminder that justice is not always served.

Laura Agofsky, a German citizen who connected with her husband as a pen pal, acknowledged that challenging the commutation would be difficult but emphasized that her husband remains focused on his appeals. "We've been talking about the possibility of a commutation ever since Biden was elected," she said. "Now, with the knowledge he will keep his lawyers, we know they will fight for him."