Laila Kirkpatrick, Staff Writer
Two inmates on federal death row, Shannon Agofsky, and Len Davis, have refused President Joe Biden’s recent commutation of death sentences to life without parole. Both inmates, housed in the U.S. Penitentiary in Terre Haute, Indiana, argue that accepting the pardon would hinder their efforts to prove their innocence in court.
Agofsky’s legal filing stated, “Commuting his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny.” Similarly, Davis believes remaining on death row would draw more attention to his case and its alleged “overwhelming misconduct.” Both inmates contend that a commutation would place them at a disadvantage during the appeals process.