Kevin Underwood remains on death row in Oklahoma, seeking clemency amidst a complex legal quagmire.
At a Glance
- The 10th Circuit Court of Appeals has paused Kevin Underwood’s clemency hearing.
- Underwood has been on death row for the murder of Jamie Rose Bolin since 2006.
- Recent resignations and accusations against a board member disrupt clemency proceedings.
- The state continues to push for Underwood’s execution, scheduled for December 19.
Delayed Clemency Amid Board Upheaval
The 10th Circuit Court of Appeals recently issued a stay in the clemency hearing of Kevin Underwood, an Oklahoma death row inmate. Underwood, who was sentenced in 2006 for the murder of 10-year-old Jamie Rose Bolin, confessed to the crime and was promptly given the death penalty. With the recent exit of two key members from the Oklahoma Pardon and Parole Board, Underwood’s hearing faced disruptions, leading his legal team to seek a delay in the proceedings.
His attorneys argue that full board participation is essential for a fair process, especially after Ed Konieczny and Calvin Prince, two board members, resigned. This compelled Underwood’s legal team to appeal for a postponement until the vacancies are filled. However, the state asserts there is no legal obligation for a complete board, opposing the delay in the 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 Determination to Uphold Execution
Underwood’s case is inextricably linked to psychological factors cited by his defense, noting his mental illness and disturbed fantasy life at the time of the crime. Despite these contentions, the process continues amidst debate, with a federal judge denying further delays for the clemency hearing. Underwood’s execution remains scheduled for December 19, with the Oklahoma attorney general’s office keen on proceeding as planned.
“The stay is frustrating but we are proceeding with all legal avenues to allow the hearing to take place this week and to keep the execution on schedule,” Oklahoma’s Attorney General Gentner Drummond said in a statement.
Governor Kevin Stitt has appointed Susan Stava to fill one vacancy, but another remains unfilled. The appointment suggests a push to stabilize the board amidst ongoing legal proceedings. Drummond was vocal in emphasizing the need for justice in this case, urging an end to further postponements, stating that the execution should move forward to deliver justice.
Underwood argues that "after two resignations and one last-minute addition, the Oklahoma Pardon and Parole Board is hastily and unlawfully moving forward with Underwood’s clemency hearing before an incomplete and partial Board." @OKCADP @CCATDP https://t.co/sqmVQKHn6Z
— Robert Dunham (@RDunhamDP) December 9, 2024
Awaiting a Pivotal Decision
Any decision on Underwood’s clemency must be approved by Governor Stitt, who has only once granted clemency previously. As the state and defense continue their legal maneuvers, Underwood’s attorneys continue to contend that the resignation turmoil weakens his chances. They assert that such disturbances infringe upon Underwood’s right to a fair hearing, calling into question the board’s capability under current conditions.
“The Board’s actions significantly and arbitrarily weaken Underwood’s opportunity to be heard and his chances of obtaining a favorable clemency recommendation,” Underwood’s attorneys argued in a legal brief.
As the eyes of the legal and public arenas remain fixed on this case, the unfolding events will dictate the ultimate outcome and whether Underwood’s final attempt at clemency will stand. The broader implications for justice and fair legal practice in Oklahoma are considerable as both sides prepare for what could be the concluding chapter in a long-standing legal saga.
