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Interview with Laura Agofsky : The Story of Her Husband Sentenced to Death in the United States

For over ten years, Laura Agofsky has been pleading for the innocence of her husband Shannon, sentenced to death in the United States in the early 90s. Today, they face new challenges following President Biden's decision to commute his death sentence to life imprisonment. Paradoxically, this risks weakening his defense and undermining the judicial process for detecting possible miscarriages of justice in death penalty appeals. A process known as “ enhanced scrutiny ”, enabling courts to scrutinize death penalty cases. It also enables condemned prisoners to obtain legal advice for their appeal.
Laura and Shannon Agofsky

Laura, an activist with the German Coalition Against the Death Penalty, agreed to answer ECPM’s questions to explain the situation and give their point of view.

Condemned and Commuted: The Paradox of Shannon’s Case

Shannon’s situation is both complex and tragic. Originally convicted of bank robbery and murder—charges he vehemently denies—he was sentenced to death, leaving him with little chance to prove his innocence.Without the financial means to obtain proper legal representation, he resigned himself to spending the rest of his life behind bars. Ironically, only after killing someone in self-defense, Shannon was granted court-appointed lawyers and funding, not only for the death penalty case but also for revisiting his original conviction. However, in a twist that has further complicated his fight for justice, President Biden commuted his death sentence to life imprisonment. This commutation, rather than providing relief, now hampers his ability to reopen his appeals and present crucial evidence in his defense.

In Her Own Words: Laura’s Testimony on Shannon’s Case and the Death Penalty

How did you and your husband react to the news of the commutation?

Despite the efforts of the abolitionist scene and their tireless requests to President Biden, asking him to commute all federal death sentences, neither my husband nor I expected him to actually do anything. Because of his past actions during his political career, which were pro-death penalty, we assumed that he would not change his course now, despite his campaign promises.

So, when we first heard about the commutation, it was no reason to celebrate – on the contrary, it felt like the worst thing that could possibly have happened to us at the time.

On the one hand, being an anti-death penalty activist myself, I had, of course, hoped that Biden would commute the death sentences of the prisoners who requested it. My husband never requested it, though, and he had good reasons not to, as having “only” a life sentence limits his chances of reopening his cases. Therefore, the news on December 23rd hit us pretty hard. He learned about the commutation of his death sentence while watching the news and called me as soon as he could get to a phone that day. When he told me about what had happened and the effects he thought the commutation would have, it felt like our world was falling apart.

Ever since we started a pen-pal friendship in 2012, we had high hopes that he would eventually get a chance to prove his innocence in court. Important new evidence has been discovered, and all he needs is the opportunity to present it. With the American legal system being as it is, it was obvious that it would not be an easy journey but a long and hard battle. However, there was progress regarding his open appeals, which were directly linked to the death sentence he had so far. The commutation of his sentence put his appeals in jeopardy.

So, when we first heard about the commutation, it was no reason to celebrate – on the contrary, it felt like the worst thing that could possibly have happened to us at the time.

Advocacy
January 2025
In an act of justice and mercy, President Biden commuted nearly all federal death row…

What does it mean for him?

Our main concern was that Shannon would lose the funding for his appeals in both the original case that brought him to prison and the Texas case, where he received a death sentence. It is quite paradoxical. When he was originally convicted of bank robbery and murder—which he did not commit—there was no hope that he would ever get a chance to prove his innocence. He had no money to pay lawyers, so he expected to die in prison as an innocent man. Only after he actually killed someone (in self-defence) and received a death sentence for it did he get court-appointed lawyers and funding, not only for the death penalty case but also for the original bank case. After his death sentence was commuted, we feared that he would lose his lawyers and funding, which would put an end to his open appeals.

However, his attempt to refuse the commutation drove home to the people working on his case how important the original case was, and they secured funding. So, even though he lost his fight to refuse the commutation and even though it does take away some of his ability to challenge certain issues in his appeals, he succeeded in one of the most important aspects: ensuring continued support to fight the original case. Therefore, the legal situation he is currently in is not as bad as we initially feared.

Despite the legal implications, the commutation also directly affects his housing situation. Although there are new rumors almost daily about where the 37 prisoners whose death sentences were commuted will be housed, it is very likely that Shannon will be sent to the ADX supermax prison in Florence, Colorado. “We will have to wait and see” has probably become the sentence we have used most often in the past few weeks. There is just so much we don’t know about what the next weeks and months will look like and under what circumstances he will be held. So, we are living day by day, as there is no way to predict what will happen, how often and through which channels we will be able to stay in touch, and whether I will be able to visit him in the prison he is sent to.

So, we are living day by day, as there is no way to predict what will happen, how often and through which channels we will be able to stay in touch, and whether I will be able to visit him in the prison he is sent to.

Will Donald Trump’s arrival in the White House change things for death row inmates in the USA?

There are two angles to this question. First, the way it affects death penalty cases in general. Trump made it clear that he wants to ramp up death penalty prosecutions, and increase the scope of the death penalty, as stated in his executive order form January 20, 2025. It will affect a lot of future cases, and even some current ones. A good example is the Barrett case, out of Oklahoma. Kenneth Eugene Barrett had his case reversed, for resentencing. The Biden administration would not authorize them to seek death again, which put him in the clear.  But at the time Biden did his commutations, Barrett did not technically have a death sentence, and could not be commuted, even though he has been on Federal death row for years. The prosecution knew if they delayed his sentencing, they could get it reauthorized, so that is what they did. Now he is likely to be back on death row soon.

The death penalty in the United States (2024)
In the United States, despite the decrease in the number of executions, the use of the capital punishment still convinces a significant part of the American public opinion. For the United States as a whole, the support of the death penalty went from 80% in 1994 to 53% in 2023, according the last surveys of the company Gallup.

There is no logical reasoning behind it, other than the propaganda purposes of pretending that death row inmates are the most dangerous in the system, and the fact that Trump is angry he did not get to execute anyone. 

As for how it affects the former death row prisoners who are currently still held in Terre Haute, in all the history of federal cases being overturned, there is a specific pattern of what happens. The prisoners were released to regular populations prisons, and go on with their limited lives. There was no reason not to release them into population, as they mostly had zero prison infractions. Death row inmates have statistically less problems and violence than any other subset of prisoners. That was set to happen with most prisoners this time as well, other than those with prison killings. Their paperwork was done, to send them to various places. Then Trump stepped in, and overnight, they were all redesignated for the ADX supermax. It is actually more expensive to house prisoners there, than on death row, and nearly no one meets the stated criteria in the prison policies for sending people to ADX. But it is likely they will still be all sent there, since a president ordered it. There is no logical reasoning behind it, other than the propaganda purposes of pretending that death row inmates are the most dangerous in the system, and the fact that Trump is angry he did not get to execute anyone. 

Beyond the Verdict : A Call for Justice and Abolition

Laura’s story—her personal journey and her fight alongside Shannon—brings to light the deep flaws within the death penalty system. What appears as an act of mercy on the surface has instead created new legal obstacles, making it even harder for an innocent man to prove his case. Their experience reinforces the urgent need for abolition of the death penalty and serves as a powerful reminder that justice must always prioritize fairness and rehabilitation over punishment.

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