Two death row inmates reject Biden's commutation of their life sentences
Two federal prisoners who are among 37 inmates whose death sentences were commuted last month by Biden say they are refusing to accept his clemency action
Two prisoners who are among the 37 federal inmates whose death sentences were commuted last month by President Joe Biden — a move that spares them from the death chamber — have taken an unusual stance: They're refusing to sign paperwork accepting his clemency action.
Shannon Agofsky and Len Davis, both inmates at the U.S. Penitentiary in Terre Haute, Indiana, filed emergency motions in federal court in the state's southern district on Dec. 30 seeking an injunction to block having their death sentences commuted to life in prison without parole.
The men believe that having their sentences commuted would put them at a legal disadvantage as they seek to appeal their cases based on claims of innocence.
The courts look at death penalty appeals very closely in a legal process known as heightened scrutiny, in which courts should examine death penalty cases for errors because of the life and death consequences of the sentence. The process doesn't necessarily lead to a greater likelihood of success, but Agofsky suggested he doesn’t want to lose that 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,” according to Agofsky's filing.
Rating: 5