Kevin Underwood Death Row Clemency Hearing Paused After Board Members Quit

A clemency hearing for Oklahoma death row inmate Kevin Underwood was delayed for the second time on Monday, just 10 days before his scheduled execution.

Underwood, 44, is scheduled to be killed by lethal injection at the Oklahoma State Penitentiary in McAlester on December 19. In 2008, he was convicted on a first-degree murder charge related to the killing of a 10-year-old girl.

The Oklahoma Pardon and Parole Board was expected to appear to hear Underwood’s clemency case on Monday, but the Tenth Circuit Court of Appeals issued a stay of the proceedings. Underwood’s legal team filed the appeal to the federal court on Sunday.

The hearing was originally scheduled for December 4, but it was delayed to Monday due to two resignations from the board.

Edward Konieczny announced his resignation at the November board meeting and Calvin Prince resigned the day after Thanksgiving. Prince is under investigation by the Oklahoma Bureau of Investigation for allegedly exchanging sexual favors for pardons.

Oklahoma Governor Kevin Stitt appointed Susan H. Stava to fill one of the vacancies on Friday. She was expected to participate in the clemency hearing.

Underwood’s attorneys raised concerns that Stava would only have a few days to finish mandatory training and examine hundreds of pages and hours of video submitted by both sides.

The Oklahoma Pardon and Parole Board has until 4 p.m. on Monday to respond to Underwood’s appeal. Underwood’s attorneys have until Tuesday at 9 a.m. to file a reply.

What was Kevin Underwood convicted of?

In 2006, Underwood confessed to the FBI and Oklahoma officials that he had killed and attempted to decapitate his 10-year-old neighbor Jamie Rose Bolin. Bolin had previously been reported missing and an AMBER Alert was issued.

In the interview, Underwood spoke about “how he had recently developed a desire to abduct a person, sexually molest them, eat their flesh, and dispose of their remains,” the Oklahoma Court of Criminal Appeals said in its 2011 opinion upholding his conviction and punishment.

Underwood told officials he hit the girl on the back of the head several times with a wooden cutting board, then suffocated her. He had invited Bolin into his apartment to play with his pet white rat.

Bolin’s body was later found inside a large plastic container in Underwood’s bedroom closet. A meat tenderizer and skewers were also found at the scene, which police alleged Underwood intended to use for cannibalistic purposes.

Underwood’s legal team tried to appeal the sentence due to mental illness, but it was denied by a federal judge.

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