The clemency plea of Kevin Underwood, convicted of a chilling child murder, faces a complex web of legal and procedural hurdles in Oklahoma.
At a Glance
- The 10th Circuit Court of Appeals stayed Kevin Underwood’s clemency hearing.
- Underwood has been on death row for the murder of Jamie Rose Bolin in 2006.
- Multiple resignations from the Pardon and Parole Board have delayed proceedings.
- The state insists on moving forward despite board vacancies and procedural issues.
Clemency and Confession
Kevin Underwood, convicted for the 2006 murder of 10-year-old Jamie Rose Bolin, has spent 16 years on death row. The conviction stemmed from a confession where Underwood detailed a fantasy of cannibalism connected to the crime, though no such acts occurred. The clemency hearing represents Underwood’s final opportunity to avoid execution, which remains scheduled for December 19.
His legal team argues that his mental health difficulties reduce culpability, challenging both his conviction and the fairness of his sentence in light of recently surfaced procedural challenges. Any clemency recommendation will require Governor Kevin Stitt’s approval, a rare outcome given his track record.
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
Board Resignations and Legal Challenges
The 10th Circuit Court of Appeals postponed the clemency hearing due to the sudden resignations of two Oklahoma Pardon and Parole Board members: former chairman Ed Konieczny and Calvin Prince. Prince’s resignation followed allegations of misconduct, further complicating the board’s composition.
“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.
Amid these resignations, Governor Kevin Stitt appointed Susan Stava to replace Prince. However, Konieczny’s seat remains vacant, unsettling Underwood’s attorneys who call for a delay until the board is fully represented. Despite these issues, a federal judge rejected a motion to delay the proceedings.
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 State’s Determination
The Oklahoma attorney general’s office remains determined to continue with the execution schedule. Oklahoma Attorney General Gentner Drummond emphasized, “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.” This highlights the state’s steadfast approach amid the ongoing controversy.
“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.”
With the execution date looming, this complicated legal environment poses significant questions regarding procedural fairness and justice, drawing national attention to the case. The outcome will likely set a precedent for future cases concerning board vacancies and mental health defenses in capital punishment.
