<p style="font-weight: 400;">Two men sitting on death row refuse to sign the paperwork that would have their death sentences commuted to life imprisonment, which President Joe Biden ordered. The two men filed emergency motions to block their commutations, as they said such an action would deprive them of efforts to prove their innocence.</p>
<p style="font-weight: 400;">Shannon Agofsky, 53, and Len Davis, 60, are sitting on death row at the U.S. Penitentiary in Terre Haute, Indiana.</p>
<p style="font-weight: 400;">&#8220;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,” Agofsky&#8217;s motion states, according to <a href="https://www.nbcnews.com/news/us-news/two-death-row-inmates-reject-bidens-commutation-life-sentences-rcna186235" target="_blank" rel="noopener">NBC News</a>.</p>
<p style="font-weight: 400;">Davis “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” allegedly taken by the Justice Department, his motion states.</p>
<p style="font-weight: 400;">On October 6, 1989, Agofsky, then 18 years old, and his brother Joseph, 23,  kidnapped Oklahoma bank president Dan Short from his home in Sulphur Springs, Arkansas, “Short was then gagged and tied up with duct tape, bound to a chair, weighed down with a concrete block and chain hoist, and thrown off Cowskin Bridge into Grand Lake. Officials said Short was still alive when he went into the lake,” FourStatesHomePage <a href="https://www.fourstateshomepage.com/news/shannon-agofskys-death-sentenced-commuted/" target="_blank" rel="noopener">noted</a>. The brothers received life sentences; Joseph died in a North Carolina prison in 2013. Shannon Agrofsky was later given a death sentence for the 2004 stomping death of an inmate at the federal prison in Beaumont, Texas.</p>
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<p style="font-weight: 400;">Davis, a former New Orleans police officer, was convicted of orchestrating the murder of Kim Groves, a mother of three children, who had filed a complaint against him that said he had beaten up a teenager. A fellow officer informed Davis of Groves’ complaint against him, which she filed with Internal Affairs. “FBI tapes, obtained after Davis allegedly was hired as a muscleman in a bogus drug ring run by undercover federal agents, showed Davis exultant after Hardy told him Groves was dead,” NOLA <a href="https://www.nola.com/news/crime_police/article_72b8b9a4-059a-5b2c-8ee5-252c398925d1.html" target="_blank" rel="noopener">reported</a>.</p>
<p style="font-weight: 400;">“A <a href="https://supreme.justia.com/cases/federal/us/274/480/">1927 </a><a href="https://supreme.justia.com/cases/federal/us/274/480/" target="_blank" rel="noopener">U.S. Sup</a><a href="https://supreme.justia.com/cases/federal/us/274/480/">r</a><a href="https://supreme.justia.com/cases/federal/us/274/480/">eme Court r</a><a href="https://supreme.justia.com/cases/federal/us/274/480/">uling</a>, for example, maintains that a president has the power to grant reprieves and pardons, and &#8216;the convict&#8217;s consent is not required,&#8217;” NBC News reported.</p>
<p style="font-weight: 400;">The Office of the Independent Police Monitor in New Orleans stated that Biden’s commutation of Davis&#8217; 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.”</p>

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2 Death Row Inmates Reject Biden’s Commutation Of Their Sentences