Two death row inmates reject Biden's commutation of their life sentences

[TEH]

Shannon Agofsky and Len Davis were among 37 of the 40 federal prisoners whose death sentences were changed to life in prison without the possibility of parole.

Jan. 6, 2025, 5:31 PM EST

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

 

[TEH]

Shannon Agofsky, while incarcerated in a Texas prison, was convicted in the 2001 stomping death of a fellow inmate, Luther Plant, and a jury recommended a death sentence in 2004.

In his filing seeking an injunction for Biden's commutation, Agofsky, 53, said that he is disputing how he was charged with murder in the stomping death and that he is also trying to "establish his innocence in the original case for which he was incarcerated."

"The defendant never requested commutation. The defendant never filed for commutation," the filing says. "The defendant does not want commutation, and refused to sign the papers offered with the commutation."

 

[TEH]

Agofsky's wife, Laura, who married him in 2019 in a ceremony over the phone, said Monday that his lawyers had urged him to request a presidential commutation in his case, but he refused because his status as a death row inmate afforded him legal counsel that is critical in his appeals.

However, Laura Agofsky said her husband still has lawyers who are helping him. Solely having his sentence commuted is "not a win for him," she said, because she believes there is evidence that can prove his innocence.

"He doesn't want to die in prison being labeled a cold-blooded killer," Laura Agofsky said in a phone interview.

Davis, a former New Orleans police officer, was convicted in the 1994 murder of Kim Groves, who had filed a complaint against him accusing him of beating a teenager in her Lower Ninth Ward neighborhood. Prosecutors said Davis hired a drug dealer to kill Groves and charged the officer with violating Groves' civil rights. Davis' original death sentence was thrown out by a federal appeals court but reinstated in 2005.

The case was part of a sprawling federal investigation into corruption within the New Orleans police force.

Davis, 60, "has always maintained

his innocence and argued that federal court had no jurisdiction to try him for civil rights offenses," his filing says.

Both Davis and Agofsky are asking a judge to appoint a co-counsel in their requests for an injunction of the commutations.

Maher, of the Death Penalty Information Center, said all people accused of federal crimes have a constitutional right to counsel for trial, as well as a statutory right in appeals if they are convicted, regardless of whether they are death row cases.

"Death sentences are the most extreme sanction that can be given in a criminal case, and they deserve the highest quality legal representation and judicial scrutiny," Maher said.

Biden's decision to commute the sentences of 37 of the 40 federal death row prisoners, all men, came after weeks of speculation. He was praised by a coalition of human rights and anti-death penalty groups that have expressed opposition to President-elect Donald Trump's pledge to expand federal executions in his second term.

The Justice Department under Biden imposed a moratorium on executions.

"I am more convinced than ever that we must stop the use of the death penalty at the federal level," Biden said in a
statement announcing the commutation. "In good conscience, I cannot stand back and let a new administration resume executions that I halted."

Biden, however, declined to grant commutations to three federal death row prisoners who were involved in either mass killings or terrorist attacks.

Still, the president has faced criticism for commuting the sentences of the 37 others.

The Office of the Independent Police Monitor in New Orleans, a civilian police oversight agency created in 2009, said commuting Davis' death sentence is "a painful reminder that justice is not always served as it should be."

"In this action, President Biden showed more mercy for Davis than this corrupt officer ever showed for Kim Groves, her children and family, and the people of New Orleans," the office said in a statement.

Laura Agofsky, a German citizen who first connected with her husband as pen pals and has yet to meet him in person, said she realizes that reversing the commutation is an uphill battle, but he remains focused on appealing his case.

"We've been talking about the possibility of a commutation ever since Biden was elected, given his past statements about the death penalty," said Laura Agofsky, who has become an advocate
for her husband and works with the German Coalition to Abolish the Death Penalty. (Germany does not have capital punishment.)

While Biden's announcement was "a very black day for us," she added, "now, with the knowledge he will keep his lawyers, we know they will fight for him."

 

[the cac mamba]

 

[TEH]

Two death row inmates reject Biden's commutation of their life sentences — NBC News

Shannon Agofsky and Len Davis were among 37 of the 40 federal prisoners whose death sentences were changed to life in prison without the possibility of parole.

apple.news

 

[TEH]

Powerful scene

It was the biggest fukk you possible to the governor.


@CouldntBeMeTho

 

[Prince.Skeletor]

That’s crazy

 

[O.T.I.S.]

 

[Elim Garak]

Sounds like two dumb guilty motherfukkers.

 

[WTFisWallace?]

Davis, a former New Orleans police officer, was convicted in the 1994 murder of Kim Groves, who had filed a complaint against him accusing him of beating a teenager in her Lower Ninth Ward neighborhood. Prosecutors said Davis hired a drug dealer to kill Groves and charged the officer with violating Groves' civil rights. Davis' original death sentence was thrown out by a federal appeals court but reinstated in 2005.

The case was part of a sprawling federal investigation into corruption within the New Orleans police force.

Timeout.......of the seemingly 3 police officers on death row in Louisiana...at least 2 are black (can't find info on the third)

Len Davis - Wikipedia

en.wikipedia.org

Antoinette Frank - Wikipedia and she's the only female on death row in Louisiana



amerikkka

 

[dezert_storm]

Tbh I didn’t even know they had the option

 

[KillerPups]

He stomped someone out while in prison how he talking any being innocent of the first charge?? Does that even matter at this point?

 

[TELL ME YA CHEESIN FAM?]

"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"

Okay roll the dice brehs

 

[Toe Jay Simpson]

He stomped someone out how while in prison how he talking any being innocent of the first charge?? Does that even matter at this point?

 

[WTFisWallace?]

He stomped someone out how while in prison how he talking any being innocent of the first charge?? Does that even matter at this point?

I'm not saying breh is innocent of the original charge.....but the line of thinking does make sense.

If you're maintaining your innocence (or that you were that your sentencing wasn't warranted compared to the act convicted on)........and you shouldn't even have been in prison in the first place, but now you've done something "awful" due to conforming to the prison lifestyle.....I can see the logic behind it basing an appeal around that.