Oklahoma’s death row inmate Kevin Underwood faces legal limbo as his clemency hearing is delayed amid court challenges and parole board resignations.
Clemency Hearing Delayed Amid Legal Challenges
The U.S. Court of Appeals for the 10th Circuit has issued a stay for the clemency hearing of Oklahoma death row inmate Kevin Underwood, who has been on death row for 16 years. Underwood was convicted and sentenced to death for the 2006 murder of 10-year-old Jamie Rose Bolin. The delay comes as Underwood’s last chance to avoid execution faces unexpected hurdles.
Kevin Underwood, an Oklahoma death row inmate convicted of murdering a 10-year-old in 2006, faces a clemency hearing Monday amid legal and procedural delays, with execution set for Dec. 19 if clemency is denied. https://t.co/JpWmmsuOwS
— News 9 (@NEWS9) December 9, 2024
The stay was granted following the resignations of two Oklahoma Pardon and Parole Board members. Ed Konieczny, the former chairman, and Calvin Prince, who resigned amid an investigation for alleged exploitation for sexual favors, left their positions, creating vacancies on the board. Underwood’s attorneys argue that these resignations jeopardize his right to a fair clemency hearing.
I've filed a petition to compel the Pardon and Parole Board to meet for child murderer Kevin Underwood's clemency hearing. Jamie Rose Bolin's family has waited 18 agonizing years to see justice served and this execution should be carried out without delay. https://t.co/NtgY9VOBjq
— Oklahoma Attorney General Gentner Drummond (@Okla_OAG) December 2, 2024
State’s Response and Legal Proceedings
Oklahoma’s Attorney General Gentner Drummond expressed frustration with the delay but remains committed to executing as scheduled. The state is actively pursuing legal avenues to allow the hearing to occur and maintain the December 19 execution date.
“The stay is frustrating, but we are proceeding with all legal avenues to allow the hearing to take place this week and keep the execution on schedule.” – Oklahoma’s Attorney General Gentner Drummond.
Governor Kevin Stitt has appointed Susan Stava, a Tulsa attorney with social work experience, to fill one of the vacant seats on the Pardon and Parole Board. However, a replacement has yet to be announced for Konieczny’s position. The state contends there is no legal requirement for an entire board to conduct the clemency hearing.
The Case Against Underwood
Kevin Underwood confessed to the murder of Jamie Rose Bolin, which he claimed was part of a cannibalistic fantasy, though no actual cannibalism occurred. He was found guilty and received a unanimous death sentence. His attorneys acknowledge the heinous nature of the crime but cite Underwood’s mental illness and disturbed fantasy life as mitigating factors.
“Kevin Underwood is a deeply evil monster whose execution absolutely should be carried out without further setback,” Drummond said in a press release. “I urge Gov. Stitt to ensure justice is served at last in this hideous case.” – Drummond.
The clemency hearing represents Underwood’s final appeal to avoid execution. Any recommendation for clemency would require approval from Governor Kevin Stitt, who has granted clemency only once during his tenure. The case continues to highlight the ongoing struggles within the intersection of the judicial system and administrative challenges in Oklahoma’s death penalty process.
Sources:
https://www.readfrontier.org/stories/clemency-hearing-delayed-again-for-death-row-prisoner/