Two of the 37 death row inmates US President Joe Biden pardoned last month are refusing the commutation of their death sentences to life sentences. The two men, as per NBC News, have taken the unusual stance of refusing to sign paperwork that would spare them from the death chamber.
Who are the two men, and why are they choosing the death sentence? Here’s all you need to know.
Who are the two death row inmacy turning down clemency?
Shannon Agofsky and Len Davis, two death row inmates lodged at the US Penitentiary in Terre Haute, Indiana, have filed emergency motions in federal court in the state’s southern district against the clemency.
On December 30, 2024, the two men filed emergency motions seeking to block Biden’s pardon that would commute their death sentences to life in prison without parole.
Shannon Agofsky, along with his brother Joseph Agofsky, was accused of murdering Dan Short, an Oklahoma bank president, before stealing $71,000 from his bank. In 1989, he was convicted of the crime. In 2001, he was convicted of stomping to death Luther Plant, a fellow inmate, and in 2004, a jury recommended the death sentence.
Len Davis is a former New Orleans police officer. In 1996, he was convicted for orchestrating the murder of Kim Groves, who had filed a civil rights complaint against him over the beating of a young man, Nathan Norwood, by Davis’ partner, Sammie Williams. He was sentenced to death in April 1996, a sentence that was reversed subsequently. However, in October 2005, a subsequent jury once again chose the death penalty for him.
Why are they saying no to the pardon?
As per the report, the two death row inmates believe that accepting the commutation would put them at a legal disadvantage. How? The two men are seeking to appeal their cases and claim innocence; accepting the commutation could be taken as an admission of guilt.
In death penalty cases, courts take claims of error very seriously given the life-and-death situation, and an appeal could potentially earn them acquittal.
While the likelihood of success isn’t that great, Agofsky, as per the NBC News report, says he does not want to risk the additional scrutiny.
“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,” states his court filing.
Meanwhile, Davis, in his filing, said that he “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” he alleges against the Justice Department.
Also read | Donald Trump seeks dismissal of criminal conviction in hush money case, cites Hunter Biden’s pardon
Can they refuse clemency?
According to a US Supreme Court verdict from 1927, a President of the United States has the power to grant reprieves and pardons, and the “convict’s consent is not required” for them.
(With inputs from agencies)
