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From the Daily Mail: Two of the 37 death row inmates who had their sentences commuted by Joe Biden are trying to reject the president’s clemency.
Shannon Agofsky and Len Davis, who both reside on death row at a federal prison in Indiana, filed emergency injunctions on December 30 to block the commutations.
Agofsky and Davis still maintain their innocence and claim Biden’s decision makes it less likely that courts will hear an appeal their cases.
Agofsky, 53, was first sentenced to life in prison for the 1989 murder of an Oklahoma bank president alongside his brother. Agofsky was later handed the death sentence in 2004 for the 2001 murder of another inmate, as he stomped on him, killing him.
“To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” Agofsky’s filing claims. “This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”
Meanwhile, Davis, 60, was sentenced to death for arranging the death of Kim Groves in 1994 after she filed a brutality complaint against him, the report explains.
Davis’ attorneys argue that their client doesn’t want the death sentence commuted by Biden, because he “has always maintained that having a death sentence would draw attention to the overwhelming misconduct.”
Davis reportedly said he “has always maintained his innocence and argued that federal court had no jurisdiction to try him for civil rights offenses.”
1) Shannon Agofsky.
Race/Ethnicity: White.
State: TX
Year convicted: 2004Conviction: beating and stomping to death another inmate, Luther Plant. pic.twitter.com/R0GECGFJWl
— Charles Weber (@CWBOCA) December 12, 2024
12) Len Davis
Race/Ethnicity: Black.
State: LA
Year convicted: 2005Conviction: Killing 32-year old mother of 3, Kim Marie Groves, who witnessed him assaulting a young man while he was a police officer with the New Orleans police department, and filed a complaint against him. pic.twitter.com/TA9pMj3It9
— Charles Weber (@CWBOCA) December 12, 2024
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