Two federal death row inmates, Shannon Agofsky and Len Davis, are refusing President Joe Biden’s order commuting their sentences to life in prison without parole, arguing that the change would hinder their efforts to prove their innocence. Both men have expressed a preference for staying on death row rather than accepting life imprisonment, as they believe it provides them with more legal resources to fight their cases. Agofsky's case Agofsky, who was sentenced to death in 2004 for killing a federal inmate while serving a life sentence for another murder, claims he is innocent of the 1989 killing and that errors marred his case. In his petition, he wrote, "The defendant never requested commutation. The defendant never filed for commutation. The defendant does not want commutation." Agofsky believes that a death sentence offers him "heightened scrutiny" in his legal battle, which he feels is crucial to challenging his conviction. His wife, Laura Agofsky, explained, “He’s not having a death wish or anything. It’s his will to live a life in freedom,” and that a life sentence would limit his options for proving his innocence. Davis' case Similarly, Davis, a former New Orleans police officer sentenced to death in 2005 for orchestrating the killing of Kim Groves, also rejected the commutation. Davis maintains his innocence and argues that the federal government lacked jurisdiction to try him for civil rights violations. He wrote, "Prisoner Davis has refused to sign (the) document presented to him today, acknowledging his acceptance of commutation." Davis sees the commutation as carrying “a host of constitutional violations,” which he plans to address in future filings. Story so far Both inmates filed petitions on December 30, 2024, a week after Biden announced that he would commute the sentences of 37 out of 40 federal death row inmates. The commutation did not include three inmates convicted of mass shootings or acts of terrorism. Legal experts have pointed out that the president’s commutation power is absolute, citing the 1927 US Supreme Court ruling in Biddle v. Perovich. Robin Maher, executive director of the Death Penalty Information Center, stated, "The objections of Mr. Davis and Mr. Agofsky to President Biden’s decision will have no effect on the commutation of their sentences." (With inputs from CNN)
