Two death row inmates whose sentences were commuted by President Joe Biden last month are rejecting the clemency, claiming that it jeopardizes their appeal as they seek to prove their innocence.
Shannon Agofsky and Len Davis were among the 37 federal inmates whose sentences were commuted from death to life in prison without parole by Biden on December 23.
According to two separate court filings in Indiana’s southern district federal court, both men refused to sign paperwork accepting their commutations and filed emergency motions to block them on December 30.
Agofsky contended that accepting the commutation would complicate his ongoing appeal, whereas Davis objected to the “constitutional conundrum” of the executive branch changing his sentence without his permission.
