Two of the 37 inmates on federal death row whose sentences were commuted to life without parole last month by President Biden are rejecting clemency.
Shannon Agofsky, 53, and Len Davis, 60, who are both in the U.S. Penitentiary in Terre Haute, Indiana,are refusing to sign the paperwork to accept the president’s clemency action due to the legal avenues they are afforded on death row, according to court documents.
The pair filed emergency motions in federal court on Dec. 30 requesting an injunction to block the change to their death sentences, saying that accepting their commutations would remove the heightened scrutiny that death penalty appeals receive.
Heightened scrutiny is a legal process in which the courts examine cases like death penalty appeals closer for errors because these cases are a matter of life or death.
BIDEN COMMUTES SENTENCES OF 37 FEDERAL DEATH ROW INMATES IN FINAL MONTH OF PRESIDENCY
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Two of the 37 federal inmates on death row whose sentences were commuted to life without parole by President Biden are rejecting clemency.(AP Photo/Manuel Balce Ceneta)
“To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” Agofsky’s filing reads. “This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”
Davis, a former New Orleans police officer, “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” against the Justice Department, he wrote in his filing.
But, as Davis noted, case law on this issue is “quite murky” and there is no guarantee the two inmates can have their death sentences restored.
Notably, the Supreme Court ruled in 1927 that a president may grant reprieves and pardons without the convict’s consent. Both inmates wrote in their filings that they never requested commutation.
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BIDEN’S RATIONALE BEHIND CHRISTMAS PRESENT FOR DEATH ROW KILLERS FOGGY AT BEST: EXPERT
A jury convicted Agofsky in the 1989 murder of Dan Short, an Oklahoma bank president. His body was found in a lake after prosecutors said Agofsky and his brother, Joseph Agofsky, kidnapped and killed Short before stealing $71,000 from the bank.
Joseph Agofsky was found not guilty of murder, but was sentenced to life in prison for the robbery. He died behind bars in 2013.
Shannon Agofsky was sentenced to life in prison after he was convicted on murder and robbery charges. He was later convicted in the 2001 stomping death of fellow inmate, Luther Plant, while he was incarcerated in a Texas prison. A jury recommended a death sentence in that case in 2004.
A Texas jury recommended Shannon Agofsky be sentenced to death after he was convicted of killing a fellow inmate while incarcerated. (AP)
Agofsky said in his filing last week that he is disputing how he was charged with murder in Plant’s death and that he is also seeking to “establish his innocence in the original case for which he was incarcerated.”
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His wife, Laura, who married him in 2019 over the phone, told NBC News that his lawyers had encouraged him to seek a presidential commutation, but he refused because he was afforded legal counsel crucial in his appeals as a death row inmate. She said her husband still has lawyers helping him in his case.
She told the outlet that her husband only having his sentence commuted is “not a win for him” because she believes there is evidence that can prove his innocence.
“He doesn’t want to die in prison being labeled a cold-blooded killer,” she said.
POTENTIAL 2028 DEM HOPEFUL FOLLOWS BIDEN LEAD, COMMUTES 15 DEATH-ROW SENTENCES ON FINAL DAY AS GOVERNOR
Davis was found guilty in connection with the 1994 murder of Kim Groves, who had filed a complaint against him as a police officer on allegations he beat a teenager in her neighborhood. Prosecutors charged Davis with violating Groves’ civil rights after accusing him of hiring a drug dealer to kill her.
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A federal appeals court tossed out Davis’ original death sentence, but it was reinstated in 2005.
Davis “has always maintained his innocence and argued that federal court had no jurisdiction to try him for civil rights offenses,” his filing reads.
Only three of the 40 men on federal death row are still facing execution following President Biden’s commutations last month.(AP Photo/Sue Ogrocki, File)
Both Davis and Agofsky are urging a judge to appoint a co-counsel in their requests for an injunction of the commutations.
The Justice Department issued a moratorium on executions during the Biden administration, but President-elect Trump has vowed to expand federal executions when he returns to the White House later this month.
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“I am more convinced than ever that we must stop the use of the death penalty at the federal level,” Biden said in a statement last month. “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
The three federal death row inmates who were not granted clemency were Dzhokhar Tsarnaev, who was convicted in the 2013 Boston marathon bombing; Dylann Roof, who was found guilty in the 2017 mass shooting at a Charleston, South Carolina, church; and Robert Bowers, who was sentenced for the 2018 mass shooting at a Pittsburgh Synagogue.
Respiratory illness levels in Illinois have risen from moderate to high, according to the state’s health department, but what does that mean for masking and what should you know?
While several hospitals and health systems in the Chicago area have started implementing mask recommendations, there is no specific statewide mandate.
Still, the Illinois Department of Public Health on Tuesday urged healthcare facilities to “consider targeted steps to mitigate the circulation of seasonal illnesses,” including measures like masking, amid an “early winter jump in hospital admissions.”
“The New Year has arrived, and Illinois is experiencing the expected winter surge in seasonal respiratory illnesses,” IDPH Director Dr. Sameer Vohra said in a statement. “It is now more important than ever to use the many tools at our disposal to keep ourselves and our loved ones safe.”
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Vohra urged vaccinations for the viruses spreading most across the state — flu, COVID and RSV — but noted that “other effective tools to prevent exposure to respiratory illnesses include enhanced ventilation, good hand hygiene, and a well-fitting mask.”
He reminded those with symptoms of a respiratory illness — such as fever, runny nose, sore throat or cough — should isolate to avoid spreading germs, or wear a well-fitting mask if they are unable to isolate.
Already this winter virus season, Illinois has recorded four pediatric deaths due to flu, COVID-19 and RSV, the health department reported.
In December, multiple Illinois health systems implemented full or partial mask mandates due to the continuing uptick in respiratory infections across the state.
Rush University Medical Center, in a note on its website, said visitors and staff must wear hospital-approved masks in some areas, citing increased levels of COVID-19 and other respiratory illnesses, such as the flu and RSV.
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“Effective Dec. 2, 2024, Rush is requiring patients and visitors to wear hospital-approved masks when they are in clinical offices, waiting areas and patient registration,” the hospital stated. “The policy coincides with the respiratory virus season, when the spread of flu, RSV and COVID-19 rises.”
The above requirement took effect at all of the health system’s hospitals – Rush University Medical Center, Rush Copley Medical Center and Rush Oak Park Hospital. OSF Saint Francis Medical Center in Peoria, meanwhile, will begin requiring masks on Tuesday due to “widespread respiratory illnesses,” including COVID-19, influenza and RSV. In addition, the hospital is implementing a temporary restriction of only two visitors – 18 years old and above – per patient.
Other area health systems, such as Endeavor Health, required masks for visitors and patients experiencing respiratory symptoms, citing ongoing virus transmission, according to its website. University of Chicago Medicine, meanwhile, mandated staff members members wear masks for “all patient care and patient facing activities,” according to a spokesman.
OSF St. Francis Medical Center said it was recommending both patients and visitors wear masks in its hospitals, hospice home and clinic. The healthcare group also said it would temporarily limit hospital and hospice home visitors to two adults per patient at a time, with certain exceptions.
The uptick in Illinois follows surges in flu and whooping cough cases across much of the country.
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Dr. Whitney Lyn, a family medicine physician with Cook County Health, said the hospital admission rate typically picks up a week after the holidays, but this year, hospitals are already “bursting at the seams.”
For those who contract an illness, there are effective anti-viral treatments available for COVID-19 and the flu, but they must be started quickly. Even with the nation experiencing a rise in illnesses and the holidays winding down, doctors insist it’s not too late to get vaccinated.
Lyn said it’s “really, really important” to consider getting vaccines to decrease your chances of becoming seriously ill.
“But what’s really the important thing about it is [the] majority of these viruses that we are seeing do have vaccines that can either lessen the symptoms or don’t have the symptoms at all,” she stated. “The more people that we really get vaccinated for the flu, RSV, COVID, those are the things that are really going to decrease the transmission from person to person and not have your whole household sick.”
While it takes about two weeks for vaccinations to provide their full level of protection, getting shots now will offer protection through the cold and flu season that lasts into the spring.
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Anyone experiencing common respiratory symptoms – such as a cough, sneezing or a fever – should wear a mask anytime they are around others, doctors assert.
“…If you’re having that cough, that sneezing, please wear a mask because you don’t know what you have,” Lyn said. “And if, you know, you have elderly people that you’re around or people who are immunocompromised that have chronic diseases or even children, those things can actually make things worse for them.”
KANSAS CITY, Mo. (AP) — Right-hander Michael Lorenzen and the Kansas City Royals finalized a $7 million, one-year contract on Wednesday that includes a mutual option for 2026 and $2.5 million in annual performance bonuses.
Lorenzen gets a $5.5 million salary this year, and the Royals have a $12 million option for 2026 with a $1.5 million buyout.
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He can earn $1.5 million for innings in each season: $250,000 each for 100 and 125, and $500,000 apiece for 150 and 175.
Lorenzen also can get $1 million for pitching appearances: $100,000 for 10, $150,000 for 20 and $250,000 each for 25, 30 and 40.
He would earn $100,000 for All-Star selection or election, $50,000 for winning a Gold Glove, $100,000 for winning a Cy Young Award, $50,000 for finishing second through fifth in the voting and $25,000 for sixth through 10th.
The 33-year-old was acquired by Kansas City in a trade with Texas just before the deadline last July and became a dependable part of the pitching staff down the stretch. He went 2-0 with a 1.57 ERA in six starts and one relief appearance to help the Royals clinch a wild card, then tossed 2 1/3 innings over two appearances in the playoffs.
Lorenzen took the loss in Game 1 of the AL Division Series against the New York Yankees, giving up Alex Verdugo’s go-ahead single in the seventh inning of a 6-5 defeat. The Royals went on to lose the series in four games.
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Lorenzen spent his first seven seasons in Cincinnati, then spent a year with the Angels, before splitting the 2023 season between the Tigers and Phillies, getting selected to his only All-Star Game while with Detroit and throwing a no-hitter for Philadelphia after being traded. He has a career record of 47-44 with a 3.99 ERA and 15 saves in 368 games, including 93 starts.
The top of the Royals’ starting rotation appears to be set, with Michael Wacha returning on a three-year, $51 million contract to join Seth Lugo and Cole Ragans, both of whom made the All-Star Game for Kansas City last season.
The Royals hope Kyle Wright can return to the form he displayed in Atlanta after spending last season rehabbing from shoulder surgery. Kris Bubic and Alec Marsh are among those who will compete with Lorenzen for one of the remaining starting spots.
TL;DR: Live stream Chicago Bulls vs. Indiana Pacers in the NBA with FuboTV, Sling TV, or YouTube TV.
The Chicago Bulls head to the Gainbridge Fieldhouse to face the Indiana Pacers in an Eastern Conference matchup. The Bulls are 17-19, which puts them in 10th place. The Pacers are 19-18, which puts them in sixth place.
The Bulls have won three of their last five games, and are coming off a win over the New York Knicks. The Pacers have also won three of their last five games, and are coming off back-to-back wins over the Phoenix Suns and Miami Heat.
When is Chicago Bulls vs. Indiana Pacers?
Chicago Bulls vs. Indiana Pacers in the NBA starts at 7 p.m. ET on Jan. 8. This game takes place at Gainbridge Fieldhouse in Indianapolis, Indiana.
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How to watch Chicago Bulls vs. Indiana Pacers
You need to choose a streaming service to watch the NBA without cable or satellite TV. We’ve found some of the best streaming services to consider for the Bulls vs. Pacers basketball game.
Best for single game: FuboTV
FuboTV offers you more than 250 channels of live TV and the option to watch on 10 screens at once. You can try FuboTV with a seven-day free trial period.
FuboTV’s sports channel offerings include ABC, ACC Network, Big Ten Network, CBS, CBS Sports Network, ESPN, ESPN2, ESPNews, FOX, FS1, FS2, Golf Network, Marquee Sports Network, Monumental Sports, NBC, NFL Network, and SEC Network.
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Most live sports: YouTube TV
YouTube TV’s base plan is $49.99 per month for two months for new subscribers ($72.99 per month regularly). The base plan includes over 100 live TV channels, including ABC, CBS, FOX, NBC, ESPN, Fox Sports 1, and NBA TV.
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Most affordable: Sling TV
Sling TV suggests the streamer’s Orange Plan for the game, which costs $20 for the first month and $40 monthly after that.
Sling TV’s sports channels feature ABC, ACC Network, Big Ten Network, ESPN, ESPN2, ESPN3, ESPNews, ESPNU, FOX, FS1, FS2, NBA TV, NBC, NFL Network, and SEC Network.
How to watch Bulls vs. Pacers from anywhere in the world
If you’re traveling outside of the U.S. during this game, you might need to use a VPN to unblock this live stream. VPNs can hide your real IP address (digital location) and connect you to a secure server, meaning you can unblock live streams of the NBA from anywhere in the world.
Live stream Chicago Bulls vs. Indiana Pacers for free by following these simple steps:
Subscribe to a streaming-friendly VPN (like ExpressVPN)
Download the app to your device of choice (the best VPNs have apps for Windows, Mac, iOS, Android, Linux, and more)
Open up the app and connect to a server in the U.S.
Sign in to your favorite streaming app
Watch Chicago Bulls vs. Indiana Pacers from anywhere in the world
The best VPNs for streaming are not free, but leading VPNs do tend to offer free-trial periods or money-back guarantees. By leveraging these offers, you can gain access to live streams of the NBA without actually spending anything. This obviously isn’t a long-term solution, but it does give you enough time to live stream Chicago Bulls vs. Indiana Pacers before recovering your investment.
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What is the best VPN for the NBA?
ExpressVPN is the best choice for bypassing geo-restrictions to stream live sport, for a number of reasons:
Servers in 105 countries
Easy-to-use app available on all major devices including iPhone, Android, Windows, Mac, and more
Strict no-logging policy so your data is secure
Fast connection speeds free from throttling
Up to eight simultaneous connections
30-day money-back guarantee
A one-year subscription to ExpressVPN is on sale for $99.95 and includes an extra three months for free — 49% off for a limited time. This plan includes a year of free unlimited cloud backup and a generous 30-day money-back guarantee.
Live stream Chicago Bulls vs. Indiana Pacers in the NBA with ExpressVPN.
