Two federal death row inmates, Shannon Agofsky and Len Davis, have refused to accept President Joe Biden’s commutation of their death sentences to life imprisonment. The two men, currently incarcerated at the U.S. Penitentiary in Terre Haute, Indiana, filed emergency motions on December 30, 2023, asking a federal court to block their sentences from being commuted. They argue that a commutation would place them at a legal disadvantage in their appeals, particularly as they claim innocence.
Agofsky contends that commuting his sentence would remove the “heightened scrutiny” that applies to death penalty cases, which offers additional legal protections.
In his court filing, Agofsky argued that this would harm his ability to appeal effectively, claiming it would “decimate his pending appellate procedures.” Davis similarly expressed concern that a commutation would reduce attention to alleged misconduct in his case.
Legal experts point out that while inmates can decline commutation, the U.S. Supreme Court has ruled that a president has the power to grant clemency without the convict’s consent. Most death row inmates, however, have welcomed Biden’s decision, which is part of a broader moratorium on federal executions under his administration.
Agofsky was convicted for the 1989 murder of an Oklahoma bank president, and Davis for the 1994 murder of Kim Groves, a woman who had accused him of police misconduct. Both men argue their innocence, with Agofsky particularly focusing on the fairness of his trial and the charges against him. They are now seeking a court injunction to reverse the commutation.
Biden’s move to commute the sentences of 37 federal death row inmates has been controversial, with some victims’ advocates expressing frustration, particularly in Davis’ case. However, Biden’s administration has reiterated its stance against the federal death penalty, highlighting its position in favor of the commutations.
