Two federal death row inmates, Shannon Agofsky and Len Davis, are requesting to be exempted from President Joe Biden's order commuting their sentences to life in prison without parole. They filed petitions in federal court after Biden announced the commutation of 37 out of 40 federal inmates on death row, excluding those involved in high-profile mass shootings or acts of terrorism.
Agofsky and Davis refused to sign documents acknowledging the commutations, citing their innocence claims and the need to appeal their cases. Agofsky, convicted in 2004 for a murder he claims he did not commit, argued that a commutation would hinder his efforts to prove his innocence by depriving him of the scrutiny associated with death penalty cases.
Davis, a former police officer sentenced in 2005 for orchestrating a murder, also maintained his innocence and raised constitutional violations regarding the commutation. Both inmates sought emergency orders to block the commutations, emphasizing the complexities surrounding the death penalty.
While the inmates' requests face uncertainty, legal experts assert that the president's power to grant a commutation is absolute, as established by a 1927 Supreme Court ruling. Biden's decision to commute the sentences was driven by his opposition to the death penalty at the federal level, contrasting with the previous administration's stance on executions.
Agofsky's wife, Laura, supported his decision to reject the commutation, highlighting the potential impact on his innocence claims. Despite being a death penalty abolitionist, she expressed the belief that life in prison was not worth living for her husband.
The ongoing legal battle underscores the complexities and moral dilemmas inherent in the criminal justice system, particularly concerning capital punishment and the pursuit of justice.
