Oklahoma death row convict Kevin Underwood is scheduled for a clemency hearing on Monday at 9 a.m., despite delays caused by the drama surrounding recent resignations on the Pardon and Parole Board and a legal challenge filed by his counsel.
Underwood has been on death row for 16 years, after the 2006 murder of 10-year-old Jamie Rose Bolin in McClain County. Underwood confessed on the day he was caught by FBI agents, and he was eventually found guilty and unanimously put to death at trial.
His final longshot appeal to prevent execution is a clemency hearing, which was postponed from December 4 to Monday due to vacancies created by the resignations of Ed Konieczny, chairman since early November, and Calvin Prince.
Prince resigned in late November, citing an ongoing investigation by the Oklahoma State Bureau of Investigation. Court filings indicate that Prince used people for sexual favors.
In an early petition, Underwood’s attorneys claimed that the hearing should only take place once the board’s vacancies were filled. In response, the state argued that no provision of Oklahoma law required the board to fill all vacancies before considering a matter.
Despite the litigation, Governor Kevin Stitt named Tulsa attorney Susan Stava to the board on Thursday. According to the release, she has social work expertise and will be replacing Prince.
No announcements have been made regarding the vacancy left by Konieczny.
Court records state: Stava is prepared to attend the hearing on Monday.
On Sunday, a federal judge denied Underwood’s request to delay the clemency hearing or execution.
Underwood is scheduled to be executed on December 19, subject to the outcome of Monday’s hearing.
Any recommendation for clemency must also be approved by Oklahoma’s governor. Governor Stitt has only awarded clemency once.