Two federal inmates, Shannon Agofsky and Len Davis, have refused to sign paperwork accepting President Joe Biden’s decision to commute their death sentences to life in prison without parole. They believe that having their sentences commuted would put them at a legal disadvantage as they appeal their cases based on claims of innocence. The men filed emergency motions in federal court seeking an injunction to block the commutation. The President has the power to grant reprieves and pardons without the convict’s consent.
Agofsky and Davis are both seeking an injunction on the grounds that the commutation would strip them of the protection of heightened scrutiny during their appeals. While most inmates on federal death row were grateful for Biden’s decision, Agofsky and Davis do not want a commutation, as they believe they have evidence to prove their innocence. Both are asking a judge to appoint a co-counsel for their requests for an injunction. Even though the chances of reversing the commutation are slim, they remain focused on appealing their cases.
Biden’s decision to commute the sentences of 37 federal inmates came after weeks of speculation and received praise from human rights and anti-death penalty groups. The Justice Department under Biden has imposed a moratorium on executions at the federal level. However, Biden faced criticism for commuting the sentences of the 37 inmates and for not granting commutations to three others involved in mass killings or terrorist attacks. Laura Agofsky, Shannon’s wife, continues to advocate for her husband and believes that with the support of his lawyers, they will continue to fight for his innocence.
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