Midwest
Two federal death row inmates refuse Biden's commutation in continued fight to prove their innocence
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
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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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.”
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.
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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.
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.
“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.
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Illinois
Beckman’s new Illinois Polymer Maker Lab commissions first instrument
The Illinois Polymer Maker Lab, Beckman’s newest core facility, will open soon in the institute’s basement. The lab will be the first-of-its-kind facility for the automated formulation and testing of polymer-based materials and will soon be open to researchers across campus and across the nation.
The lab will help researchers accelerate the development of materials and products related to paints and coatings, adhesives, personal care items, composites, and materials for 3D printing. It could also help researchers design resins for energy-efficient manufacturing and products in the food science industry. It’s funded by a Major Research Instrumentation grant from the National Science Foundation.
“The core capabilities will be pretty unique,” said Dan Krogstad, the lab’s manager and a research professor in the Department of Materials Science and Engineering. “The IPML facility at Beckman provides researchers with an incredible opportunity to accelerate the development of polymer-based formulations through the creation of rich, digital datasets using automated equipment and workflows.”
The lab joins four other Beckman core research facilities: the Biomedical Imaging Center, Microscopy Suite, Molecular Imaging Lab and Visualization Lab.
“The Illinois Polymer Maker Lab is another example of how Beckman provides cutting-edge facilities that you can’t find anywhere else,” said Beckman Director Steve Maren. “This facility will fuel materials discovery for our researchers and especially allow them to push the boundaries of knowledge through AI.”
The Anton Paar high-throughput rheometer, an HTR 7000, was the first instrument to be installed in IPML earlier this spring. It’s a robotic instrument capable of dispensing polymers and measuring their flow behavior automatically.
For example, the rheological properties tell us whether a paint will drip after being applied to a surface, how easy it is to squeeze toothpaste out of a tube or how well the materials will flow through pipes in a factory.
However, while the rheological properties are important in the development of new materials, collecting related data can require a lot of time. High-throughput systems, like IMPL’s Anton Paar HTR 7000, help overcome this limitation.
Sam Tawfick, a co-leader of the Autonomous Materials Systems group, said his Beckman research colleagues are researching how to better manufacture advanced materials through 3D printing or resins for polymers reinforced with carbon fibers
“The flow behavior of polymers is critical to assess their manufacturability,” said Tawfick, the Anderson Family Scholar and professor of mechanical science and engineering, adding that the IPML rheometer’s usefulness is in how it dispenses polymers and automatically measures their flow.
“This changes the students’ workflow in the lab by minimizing sample preparation steps and enabling the equipment to run and take measurements 24 hours a day, seven days a week. For the students, this means higher productivity and the ability to focus on interpretation of the results.”
Beyond reducing the time required, automating rheological measurements promotes machine learning by making procedures more uniform, creating organized digital datasets and increasing the amount of data that can be collected.
Tawfick believes access to the lab will have incredible implications for both expanding knowledge and offering new materials to the public.
“I personally think students will achieve more during the same timeline of a Ph.D. or postdoctoral training, connecting more dots around their discovery and tightening both the scientific understanding and the reliability of their discoveries,” he said.
In the past, it’s taken up to 20 years for a new polymer, like a high temperature resistant silicone or high strength composite, to be ready for commercial use. Material readiness is ranked on a scale (called the Technology Readiness Level, or TRL) between 0 and 9, the latter which describes a material that’s commercially established.
“It takes about 10 years to move the concept of a material from TRL 0 to TRL 3 in a lab,” Tawfick said. “IPML is targeting this stage, with the aim of shortening it from a decade to potentially weeks.”
And because the lab will be a Beckman core facility, knowledge can transfer among users thanks to the help of expert staff members and the creation of institutional knowledge, Tawfick said.
“Groups from campus and external users from the private sector will benefit from and contribute to this institutional knowledge,” he said. “This will be accomplished by gradually optimizing the workflows and the AI models used in the facility.”
Indiana
Body of teen recovered from Lake Michigan after search near Indiana beach
The body of a 13-year-old boy was recovered from Lake Michigan during a multiple-day search near a beach in Michigan City, Indiana.
Officials did not provide further details.
A search has been underway since Monday night after witnesses reported seeing a child wearing red shorts enter the water.
Michigan City police said officers responded to a possible drowning just before 5:40 p.m. on Monday near Washington Park Beach.
Police said the child disappeared underwater just south of the lighthouse and did not resurface.
A search was initiated with dive efforts, a fishing boat, drone technology, and a medical helicopter deployed.
The Michigan City Fire Department said three divers suffered minor injuries during the search and are being treated at Franciscan Health. Fire officials said divers encountered “challenging water conditions” before the search was suspended.
Officials have not identified the body recovered.
Iowa
Dima Petrov Dishes On Iowa Offer – Hawk Fanatic
Sometimes you see something you like and go right after it. That was the case with Iowa when it watched Dima Petrov kick a football last week. The Hawkeyes offered a full-ride scholarship to the specialist.
While the days of top kickers and punters walking on in hopes of maybe earning a scholarship when they were upperclassmen are gone, a junior picking up a scholarship is still uncommon. Iowa doing it gives it a leg up on whatever the competition might end up being.
“Iowa is definitely my No. 1 school at the moment,” he said. “Although it’s too early for me to make any big decisions, the likelihood of me becoming a Hawkeye is very high.”
Petrov (6-2, 190) also worked out for Wake Forest and UConn this month. The Hanover (N.H.) High all-stater was invited to camp at Virginia Tech, Arizona, Michigan State, Florida State and others. Interest in him is on the rise.
“Right now, it’s too early for me to make any big decisions. My plan is to commit in the next year or so, as soon as I’m 100 percent certain that I’ve found the right place. A lot of factors go into that, with the most significant one being education,” he said.
Petrov plans on majoring in Business. Iowa has a good one in the Tippie Business School.
“That was what my parents studied and then built their careers in, and I see my future in that same sphere,” he said.
The Hawkeyes did well in impressing a prospect visiting a state half a country away from his home.
“I had a fantastic time exploring all the incredible facilities and campus. Coach (Chris) Polizzi and the rest of the Hawkeyes’ special teams staff were absolutely amazing and made the visit unforgettable. I also loved how proud and passionate the whole city seemed about the program, which is something that you don’t see often.”
Access to advanced technology at Iowa also stood out.
“The workout with the Trackman system helped me identify other areas for improvement in my kicking by providing precise numbers,” he said.
After leaving Iowa, Petrov was invited to the Chris Sailer Kicking Showcase on Sunday. Following his performance, he’s now the second-ranked kicker nationally in the 2028 Class. Perhaps more offers will be on the way.
For now, the Hawkeyes are the leaders in the clubhouse. Petrov is looking forward to visiting them again.
“I can’t wait to come back to Iowa, hopefully very soon. I’d love to go on a game-day visit and see how electric Kinnick (Stadium) gets. Although I don’t know the exact dates yet, my plan is to be back there in the next few months,” he said.
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