Two prisoners, who are part of the group of 37 federal inmates whose death sentences were commuted by President Joe Biden last month, have chosen to take an unconventional approach. Despite being spared from the death chamber, they are refusing to sign the necessary paperwork to accept President Biden’s clemency action.
In a bid to prevent their death sentences from being commuted to life in prison without parole, Shannon Agofsky and Len Davis, who are incarcerated at the U.S. Penitentiary in Terre Haute, Indiana, have filed emergency motions in federal court in the state’s southern district on December 30. They are seeking an injunction to halt this commutation.
The men are of the opinion that if their sentences are commuted, it would place them in a vulnerable position from a legal standpoint while they strive to appeal their cases on the grounds of being innocent.
The legal process of heightened scrutiny entails a careful examination of death penalty appeals by the courts. This is due to the grave consequences of the sentence, as it involves matters of life and death. Although this process does not guarantee a higher chance of success, Agofsky expressed his desire to retain the additional scrutiny, recognizing its importance.
According to Agofsky’s filing, commuting the defendant’s sentence at this time, while he has ongoing litigation in court, would remove the protection of heightened scrutiny and place him in a position of fundamental unfairness. This would greatly impact his pending appellate procedures.
According to Davis, he firmly believes that having a death sentence would bring attention to the extensive misconduct that he has accused the Justice Department of.
In expressing his gratitude, he acknowledged the court for its prompt attention to this rapidly evolving constitutional dilemma. He further noted that the case law surrounding this matter is rather unclear.
According to Dan Kobil, a professor of constitutional law at Capital University Law School in Columbus, Ohio, inmates who are seeking to have their death sentences reinstated face a formidable challenge. Professor Kobil, who has represented defendants in death penalty and clemency cases, emphasizes the difficulty that these individuals encounter in their pursuit of justice.
In a notable 1927 ruling, the U.S. Supreme Court affirmed the president’s authority to grant reprieves and pardons, asserting that the consent of the convict is not necessary.
According to Kobil, there have been cases where prisoners have chosen not to accept a commutation because they prefer to be executed. However, he emphasizes that just as sentences are imposed for the benefit of the public, presidents and governors have the power to commute sentences for the welfare of the public.
According to Robin Maher, the executive director of the nonprofit Death Penalty Information Center, the decision made by Biden to halt federal executions has been met with gratitude from the majority of inmates on death row. Maher emphasizes that this decision is both constitutionally authorized and final.
The Justice Department’s Office of the Pardon Attorney did not respond immediately to a request for comment on Monday. Agofsky, who was convicted in 1989 for the murder of Oklahoma bank president Dan Short, had his victim’s body discovered in a lake. According to federal prosecutors, Agofsky and his brother, Joseph Agofsky, kidnapped and murdered Short before stealing $71,000 from his bank.
Joseph Agofsky was not convicted of murder, but he was sentenced to life in prison for the robbery. Similarly, Shannon Agofsky was sentenced to life in prison for both murder and robbery charges. It is worth noting that Joseph Agofsky passed away while serving his sentence in 2013.
While serving time in a Texas prison, Shannon Agofsky was found guilty of the stomping death of Luther Plant, a fellow inmate, in 2001. In 2004, a jury recommended a death sentence for Agofsky.
In his filing for an injunction to challenge Biden’s commutation, Agofsky, 53, expressed his disagreement with the murder charges against him in the stomping death. He is also seeking to prove his innocence in the original case that led to his incarceration.
According to the filing, the defendant did not make a request for commutation nor filed for it. The defendant has explicitly stated their lack of desire for commutation and even declined to sign any papers associated with it.
Laura, Agofsky’s wife, revealed on Monday that his lawyers had advised him to seek a presidential commutation for his case. However, he declined their suggestion, as being a death row inmate ensured that he had access to crucial legal representation for his appeals. Laura and Agofsky got married in 2019 in a unique ceremony conducted over the phone.
Laura Agofsky mentioned that despite her husband receiving legal assistance, she believes that having his sentence commuted is not a victory for him. She firmly believes that there is evidence available that can establish his innocence.
In a phone interview, Laura Agofsky expressed her concern that he doesn’t want to be labeled a cold-blooded killer and die in prison.
In 1994, Kim Groves, a resident of the Lower Ninth Ward neighborhood in New Orleans, filed a complaint against former police officer Davis. She accused him of beating a teenager. Tragically, Davis was convicted of her murder. Prosecutors argued that Davis had hired a drug dealer to carry out the heinous act, thereby violating Groves’ civil rights. Although Davis’ initial death sentence was overturned by a federal appeals court, it was later reinstated in 2005.
The case formed a crucial part of a wide-ranging federal investigation that aimed to uncover corruption within the New Orleans police force.
According to Davis’ filing, he has consistently proclaimed his innocence and contended that the federal court lacked jurisdiction to prosecute him for civil rights violations.
Both Davis and Agofsky have requested a judge to appoint a co-counsel in their petitions for an injunction of the commutations.
According to Maher from the Death Penalty Information Center, individuals facing federal crimes have a constitutional right to legal representation during their trial, as well as a statutory right to appeal if they are convicted, irrespective of whether they are death penalty cases.
According to Maher, death sentences are the most severe punishment in criminal cases, and thus, they require top-notch legal representation and thorough judicial examination.
Biden’s choice to commute the sentences of 37 out of the 40 men on federal death row was met with approval from a coalition of human rights and anti-death penalty organizations. This decision came after a period of speculation and is in direct opposition to President-elect Donald Trump’s plan to increase federal executions during his second term.
The Biden administration’s Justice Department has implemented a moratorium on executions.
“In a statement announcing the commutation, Biden emphasized his strong conviction to put an end to the use of the death penalty at the federal level. He firmly stated that he cannot simply stand by and allow a new administration to resume executions, especially after he had taken steps to halt them.”
Biden, however, chose not to grant commutations to three federal death row prisoners who were connected to either mass killings or terrorist attacks.
However, the president has received backlash for commuting the sentences of the other 37 individuals.
The Office of the Independent Police Monitor in New Orleans expressed their concern over the commuting of Davis’ death sentence, stating that it serves as a painful reminder that justice is not always served as it should be.
The office stated that President Biden’s action displayed more compassion for Davis than the corrupt officer ever demonstrated for Kim Groves, her children, family, and the people of New Orleans.
Laura Agofsky, a German citizen, connected with her husband as pen pals and they have yet to meet in person. She acknowledges that reversing the commutation will be challenging, but her husband remains determined to appeal his case.
Laura Agofsky, who advocates for her husband and collaborates with the German Coalition to Abolish the Death Penalty, disclosed that discussions regarding potential commutation began after Biden’s inauguration. This was prompted by the President’s previous remarks expressing opposition to the death penalty. It is worth noting that Germany does not practice capital punishment.
Biden’s announcement was devastating for us,” she expressed. However, she added, “we find solace in the fact that he will retain his lawyers, who we trust will vigorously defend him.”
