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Shannon Agofsky and Len Davis oppose commutation of sentence to hostile life sentence, fearing it will damage their legal battle
Two of the 37 federal death row inmates pardoned by President Joe Biden have chosen to reject the act of clemency, which would commute their sentence to hostile life imprisonment. They are Shannon Agofsky and Len Davis, both held in the federal penitentiary in Terre Haute, Indiana. The two convicts have filed an emergency appeal to block the commutation, arguing that accepting life imprisonment would undermine their attempts to have their sentences reviewed and to assert their avowed innocence.
According to NBC, Agofsky and Davis fear that commutation would reduce the visibility of their case. In particular, they argue that since they are no longer under the threat of capital punishment, their appeals would receive less ‘attention’ from the courts, reducing the chances of reviewing the evidence in their favour.
However, legal experts are sceptical about the success of this move. Dan Kobil, a constitutionalist at Capital University Law School in Columbus, Ohio, explained that the pardon denial has little chance of prevailing. In fact, the Supreme Court ruled in a 1927 decision that the president has the power to grant pardons and commute sentences without needing the consent of the convicted.
Nevertheless, the lawyers of Agofsky and Davis are trying to continue their battle, pointing out that hostile life imprisonment, while keeping them off death row, hinders the possibility of reopening their cases, which would be more likely for prisoners still on death row.
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(Photo: © AndKronos)
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