Kevin Underwood, a man on Oklahoma’s death row, is locked in a legal and ethical battle as he attempts to gain clemency, facing numerous challenges that have brought the judicial process into the spotlight.
At a Glance
- Kevin Underwood’s clemency hearing has been postponed by the 10th Circuit Court of Appeals.
- Underwood was sentenced for the 2006 murder of Jamie Rose Bolin, a ten-year-old girl.
- Resignation of key Pardon and Parole Board members has caused legal delays.
- Governor Kevin Stitt must approve any clemency decision, but, historically, clemency has rarely been granted.
Legal Hurdles and Delay
The U.S. Court of Appeals for the 10th Circuit has issued a stay on the clemency hearing for Kevin Underwood, disrupting the legal proceedings. Underwood has been on death row for 16 years after confessing to the murder of 10-year-old Jamie Rose Bolin in Purcell, Oklahoma, under the influence of disturbing fantasies linked to mental illness. His attorneys have emphasized his mental health issues, arguing for a fair hearing.
Procedural complications arose when the Pardon and Parole Board was disrupted by the resignation of two pivotal members. Despite Underwood’s defenses regarding his mental state, the state’s attorney general, alongside others, continues to push for the execution to proceed as scheduled.
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
Ethical and Procedural Controversies
The resignations on the Pardon and Parole Board, including former chairman Ed Konieczny and Calvin Prince, implicated in alleged misconduct, have slowed proceedings. Governor Kevin Stitt appointed Susan Stava, a Tulsa attorney, to fill one vacancy, leaving another still unoccupied. Underwood’s legal team asserts these vacancies compromise the fairness of the clemency process.
“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.
A federal judge denied Underwood’s plea to postpone the execution. The December 19 execution date looms large unless further legal relief is granted. Governor Stitt holds the authority to approve or deny any clemency set forth by the board.
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
Public and Judicial Implications
The case has drawn substantial media and public scrutiny, questioning not only the circumstances of Underwood’s crime but also the judiciary processes in place. The Oklahoma Attorney General Office continues to navigate through these challenges, pressing for adherence to the execution timeline.
“Kevin Underwood is a deeply evil monster whose execution absolutely should be carried out without further setback,” Oklahoma Attorney General Gentner Drummond said in a press release. “I urge Gov. Stitt to ensure justice is served at last in this hideous case.”
This high-profile case underscores the ethical and procedural dilemmas faced when mental health factors are intertwined with violent crime. The judicial and executive branches in Oklahoma remain under pressure to ensure lawful, yet just outcomes, as citizens, onlookers, and legal professionals await the resolution of Kevin Underwood’s fate.
