Kevin Underwood’s quest for clemency faces hurdles as controversy and legal twists upend the Oklahoma death row case.
At a Glance
- The 10th Circuit Court of Appeals delayed Kevin Underwood’s clemency hearing.
- Two board members’ resignations triggered legal challenges over the fairness of proceedings.
- Underwood, on death row for 16 years, confessed to the murder rooted in psychological issues.
- Governor’s approval needed for any clemency recommendation; execution remains set.
Legal Delays and Controversies
The 10th Circuit Court of Appeals has issued a stay in the clemency hearing of Kevin Underwood, convicted for the 2006 murder of Jamie Rose Bolin. Underwood, who confessed to his crimes and was found guilty, received a unanimous death sentence. He has been on death row for 16 years and seeks clemency as his final appeal to avoid execution.
This legal morass was set off by the resignation of Ed Konieczny, the former board chairman, and Calvin Prince, investigated for alleged exploitation for sexual favors. Their resignations have fueled debates over whether Underwood’s clemency hearing can proceed equitably.
Attorneys for Underwood argue that his hearing should not occur until board vacancies are filled, stressing a fair review. However, the state opposes these delays, arguing no legal necessity exists for a full board to proceed. In response to this turbulence, Governor Kevin Stitt appointed Susan Stava, an attorney and social worker from Tulsa, to the board, filling one of these vacancies.
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
State’s Determination
Despite these disruptions, the Oklahoma attorney general’s office continues to push for the clemency hearing to occur as scheduled. With a federal judge denying Underwood’s request to delay his clemency hearing or execution further, Oklahoma insists on proceeding with his execution on December 19.
“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.
No replacement for Konieczny’s board seat has been announced, but the state argues that a full board isn’t a legal requirement for clemency proceedings to continue. Underwood’s attorneys filed motions, insisting that his rights to an impartial review are compromised. The hearings have been critical, with the board’s actions questioned for possibly undermining Underwood’s bid for clemency.
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
Psychological Plea and Clemency Sought
Underwood’s attorneys have presented arguments suggesting that severe mental illness and distorted fantasy life motivated his criminal actions. Such claims add complexity to the ethical debates surrounding his plea for leniency. The contentious case underscores Oklahoma’s pursuit of justice while grappling with legal and ethical dimensions amid a fraught execution timeline.
“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.
Only once has Governor Stitt granted clemency, highlighting the precarious nature of Underwood’s situation. The case continues to evolve, balancing moral implications, legal stipulations, and broader impacts on Oklahoma’s judicial landscape.
