In a surprising turn of events death row inmates attempt to fight Biden's clemency of their sentence. While shocking, the inmates have their reasons for desiring the death penalty.
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Death Row Inmates Challenge President Biden's Clemency Decisions
No, these inmates do not have a death wish. While they are attempting to fight against Biden's clemency it is simply because they would like to maintain their innocence. Shannon Agofsky and Len Davis, two inmates on death row at a federal prison in Indiana, are fighting against Biden.
According to the Daily Mail, they each "filed emergency injunction on December 30 to block the commutations." Both men still claim their innocence in the charges against them and argue that Biden's decision "makes it less likely that courts will hear and appeal their cases."
Specifically, Agofsky's filing claims, "To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny." It continues, " This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures."
Similarly, Davis' attorneys agree. They argued that having their client on death row would draw more attention to his case and the "overwhelming misconduct." The men are both in prison for violent crimes. Agofsky was sentenced to death back in 2004 for the murder of another inmate. Supposedly he stomped the inmate to death at a federal prison in Beaumont, Texas. Prior to that he was given life in prison for the murder of a Oklahoma bank president.
On the other hand, Davis was sentenced to death for arranging the death of Kim Groves "after she filed a brutality complaint against him." Davis maintained, and still maintains to this day, that he is innocent of his crimes. Furthermore, he argues that "the federal court had no jurisdiction to try him for civil rights offenses."
Biden Vs. The Death Penalty
Biden is adamant in his belief against the death penalty. In fact, in the past he had promised to put an end to "federal executions without the caveats for terrorism and hate-motivate, mass killings." It appears that he is trying to live up to those words, at least somewhat, before he leaves the oval office in a few weeks.
Just before Christmas the president commuted the sentences of 37 out of 40 people on federal death row. Those inmates on death row included, convicted killers, bank robbers, and drug dealers. Some of the inmates on death row slayed police or military officers. Others were kidnappers or rapists.
Carjackers, a man who murdered his ex-girlfriend, and a man who pleaded guilty to possessing child pornography have all had their prison sentences commuted. His actions have invited strong criticism from President-elect Donald Trump and some of the country.
Daily Mail shares that according to the Wall Street Journal, "53 percent of people support the death penalty." So having Biden remove many individuals guilty of heinous crimes from death row, bothered a great many people. However, the President reaffirms that his actions do not negate guilt, they simply modify the sentence.
Additionally, Biden released the following statement.
" Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss." He continued, "But guided by my conscience and my experience as a public defender, chairman of the Senate Judiciary Committee, vice president, and now president, I am more convinced than ever that we must stop the use of death penalty at the federal level."
Those Not Spared
While Biden is adamant about removing the death penalty at the federal level, he did not spare all of the inmates from the death penalty. Those not included were Dylann Roof, "who carried out the 2015 racist slayings of nine Black members of Mother Emanuel AME Church." As well as Dzhokhar Tsarnaev and Robert Bowers, "who fatally shot 11 congregants at Pittsburgh's Tree of life Synagogue in 2018."
