Federal Judge Denies Oklahoma Child Killer’s Request to Postpone Clemency Hearing

By: Eliot Pierce

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Despite delays brought on by the controversy surrounding recent resignations on the Pardon and Parole Board and a legal challenge filed by his attorney, Oklahoma death row inmate Kevin Underwood is set to have a clemency hearing on Monday at 9 a.m.

After killing 10-year-old Jamie Rose Bolin in McClain County in 2006, Underwood has been on execution row for 16 years. Underwood was found guilty and unanimously executed at trial after confessing the day he was apprehended by FBI investigators.

A clemency hearing, his last last-ditch attempt to stop execution, was moved from December 4 to Monday because of vacancies left by the resignations of Calvin Prince and Ed Konieczny, who had been chairman since early November.

Citing an ongoing Oklahoma State Bureau of probe probe, Prince resigned in late November. According to court documents, Prince took advantage of others for sex.

Underwood’s lawyers argued in an early petition that the hearing should only happen once the board’s vacancies were filled. The state countered that the board was not obligated by Oklahoma law to fill all vacancies before deliberating on an issue.

Governor Kevin Stitt appointed Susan Stava, a lawyer from Tulsa, to the board on Thursday in defiance of the lawsuit. The statement states that she will be taking Prince’s place and has experience in social work.

There have been no announcements on Konieczny’s vacancy.

According to court documents, Stava is ready to go to Monday’s hearing.

A federal court rejected Underwood’s request to postpone the execution or clemency hearing on Sunday.

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Depending on the outcome of Monday’s hearing, Underwood is expected to be put to death on December 19.

The governor of Oklahoma must additionally approve any recommendation for clemency. Clemency has only been granted once by Governor Stitt.

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