A convicted murderer whose death sentence was commuted by President Joe Biden before he left office has filed a petition seeking to block the commutation.
Iouri Mikhel, 59, submitted a handwritten petition, reviewed by Newsweek, stating that he "does not want commutation" because he believes it could jeopardize his ongoing appeal. Mikhel indicated that he refused to sign the commutation paperwork sent by the Office of the Pardon Attorney.
Mikhel is one of 37 inmates whose death sentences were commuted to life imprisonment without the possibility of parole in December by President Biden. In his decision, Biden stated that he "cannot stand back and let a new administration resume executions that I halted." As a result, only three individuals remain on federal death row, following President Donald Trump's tenure, during which he oversaw 13 federal executions, despite pledging to expand capital punishment.
Earlier this month, two other inmates, Shannon Agofsky and Len Davis, filed petitions to reject clemency, arguing that accepting it could impede their appeals.
Legal experts suggest that these inmates may be unable to stop their commutations. A 1927 U.S. Supreme Court ruling asserts that a president "may commute a sentence of death to life imprisonment without the convict's consent."
Trump has criticized Biden's commutations, signing an executive order on his first day back in office directing the attorney general to review the prison conditions of the 37 inmates resentenced by Biden "to ensure that these offenders are imprisoned in conditions consistent with the monstrosity of their crimes." The order also directs the attorney general to explore whether they can face state capital charges and recommend appropriate actions to state and local authorities.
Mikhel and his co-defendant Jurijus Kadamovas were sentenced to death in 2007 after being convicted of kidnapping for ransom in California. Prosecutors stated that the two men abducted, held hostage, and killed five people between 2001 and 2002, dumping their bodies in a reservoir outside Yosemite National Park. The pair allegedly demanded more than $5.5 million from the victims' families, killing the victims despite receiving over $1 million in ransom payments. Kadamovas' death sentence was also commuted by Biden, but he has not filed a petition to block the commutation.
Mikhel's petition, submitted in the U.S. District Court for the Southern District of Indiana on Tuesday, claims that his conviction and sentence were the result of "unconstitutional" charges, numerous trial violations, and ineffective defense counsel. Mikhel asserts that his defense team's actions amounted to "inefficient assistance of counsel."
Currently housed at the federal penitentiary in Terre Haute, Indiana, Mikhel stated that he has "worked tirelessly" to prove the actual circumstances of his case and clarify his role in the alleged crimes. His petition emphasized that he is "finally on the cusp of progress" in his appellate process.
The petition argues that death penalty cases are subject to heightened scrutiny in the appeals process. Mikhel wrote, "Wishing for heightened scrutiny of his case, this plaintiff repeatedly refused to appeal to the outgoing president for commutation of the plaintiff's death sentence." He claims that forcing the commutation on him while his appeal is active would undermine his legal protections and create an "undue burden."
Mikhel further contends that the Constitution does not grant a president the power to issue "unsolicited" pardons and commutations. He argues that Biden "exceeded his mandate" and acted in an unconstitutional manner.
In his statement announcing the commutations, Biden condemned the actions of the convicted individuals, expressing grief for their victims and their families, and reiterated his belief in ending the federal death penalty.
Robin Maher, executive director of the Death Penalty Information Center, previously told Newsweek that inmates' objections would not affect the commutation decision. She emphasized that the president's authority to commute sentences is absolute. She also stated that commutations would not harm appeals, as death penalty cases should be subject to heightened scrutiny due to their life-or-death stakes. However, Maher pointed out that the pressure of litigating under an execution date may reduce the chances of success in appeals.
Mikhel's petition requests an emergency injunction to block his commutation and asks the court to appoint counsel to represent him.
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