The 10th Circuit Court of Appeals has issued a stay for the clemency hearing of Oklahoma death row inmate Kevin Underwood. The hearing was scheduled for Monday, Dec. 9 despite delays brought on by the controversy of recent resignations on the Pardon and Parole Board and a legal challenge filed by his attorneys. However, a late ruling from the 10th Circuit canceled that hearing.
The office of Oklahoma’s Attorney General Gentner Drummond issued a statement about the clemency hearing stay Monday morning. “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,” the statement said.
Underwood has been on death row for 16 years following the 2006 murder of 10-year-old Jamie Rose Bolin in McClain County. Underwood confessed the day he was arrested by FBI agents and was later found guilty and unanimously sentenced to death at trial.
MORE COVERAGE: Timeline Of Kevin Underwood’s Murder Case And Clemency Hearing For 2006 Killing Of Jamie Bolin
His last longshot appeal to avoid execution is a clemency hearing, which had been postponed from Dec. 4 and was originally rescheduled for Monday, Dec. 9 because of the vacancies created by the resignations of Ed Konieczny, who stepped down as chairman in early November, and Calvin Prince.
Prince resigned in late November under the pressure of an ongoing investigation by the Oklahoma State Bureau of Investigations. Court documents allege Prince exploited people for sexual favors.
LEARN MORE: Former Pardon And Parole Board Member Investigated, Delaying Death Row Hearing
In an initial filing, attorneys for Underwood argued the hearing should only proceed once the board fills its vacancies. The state opposed that argument in its response, saying that no portion of Oklahoma law requires the board to fill all its vacancies before hearing a case.
Despite the litigation, Governor Kevin Stitt appointed Tulsa attorney Susan Stava to the board on Thursday. The announcement stated that she has experience in social work and is replacing Prince’s seat.
No announcements have been made related to the vacancy left by Konieczny.
Court documents state Stava is prepared to participate in the hearing on Monday.
On Sunday, a federal judge rejected Underwood’s request to further delay the clemency hearing or execution.
A hearing was scheduled for Monday, December 9, but has since been canceled. It is unknown when the hearing will be rescheduled. News 9 is working to learn more. Underwood is set to be executed on Dec. 19.
Any recommendation for clemency would also require approval from Oklahoma’s governor. Gov. Stitt has only granted clemency once.
