Clemency Hearing Set For Oklahoma Death Row Inmate Kevin Underwood

Oklahoma Death Row inmate Kevin Underwood's clemency hearing is now set for Friday at 9 a.m.

The hearing notice follows a week-long legal battle instigated by Underwood's attorneys, who objected to a hearing held with a quorum consisting of any less than all 5 of the Board's members. His representation filed suit against the Pardon and Parole Board, initially unsuccessfully, but ultimately received an administrative stay from the Tenth U.S. Circuit Court of Appeals early Monday morning.

The stay delayed the hearing for a second time. Attorneys for Underwood and the Board both argued in legal filings published on Wednesday for and against a continued stay.

The Tenth U.S. Circuit Court of Appeals later lifted the stay on Underwood's hearing, which will continue as planned Friday morning.

Underwood's attorneys say, despite a newly made appointment last week from Oklahoma Governor Kevin Stitt to make Susan Stava the fourth sitting board member, it falls short of the number of board members who should hear his longshot plea for clemency. 

They also noted a mention from the Board's attorneys that schedule conflicts would preclude all four Board members from attending a hearing between Wednesday and Underwood's scheduled date of execution. At most, the Board's attorneys said only three of its members can attend a hearing in the next week.

Richard Miller, Susan Stava, and Robert Reavis are the three members scheduled to attend on Friday.

Attorneys for the Board argue in its filing that all four members were able and prepared to attend on Monday, and the latest delay was brought on by Underwood's challenges and no fault of the Board itself.

They also argued there is no constitutional obligation to fill all five seats, let alone have all five members attend, but instead, only a requirement to meet a quorum of at least three members.

The Board's director, Tom Bates, issued this statement to News 9:

"The Oklahoma Open Meetings Act requires 48 hours' notice of any special meeting. The notice was filed today in order to allow us to proceed with Mr. Underwood’s clemency hearing in the event the stay is lifted by the 10th Circuit Court of Appeals. If the stay has not been lifted by Friday morning at 9:00, the hearing will not proceed."

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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.

Background of the case

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

According to a Pardon and Parole Board filing, family members of Bolin say they have waited nearly two decades to see justice.

Jessica Stegner, the aunt of Jamie Bolin said she had attended every hearing and trial.

"It has been going on for eight years longer than Jamie was alive," Stegner said. "I have attended every court hearing and the trial."

Stegner said due to the lengthy duration of Underwood's case, several of Bolin's other family members have since passed away.

"Because of how long this case has gone on, some of Jamie’s family were never able to see justice served," Stegner said. "Jamie’s mother, Jennifer Fox, was tragically taken from us last year. Rose Fox, Jamie’s grandmother, passed away in 2016. Jamie’s father, Curtis Bolin, who has recently undergone chemotherapy, has put off a major surgery to remain available for the scheduled clemency hearing and execution. He will live with constant pain until he is able to take care of his medical issues."

Stegner said with each update in Underwood's case, they fear their waiting will last forever.

"Every time we receive a call that a hearing is continued or new case filed, we lose hope this will ever come to an end," Stegner said. "Every single one of us will suffer from another emotional roller coaster if this clemency hearing is rescheduled again. Each new case or scheduling change is a huge emotional burden. We need a final resolution to this case, so that we can remember Jamie without the shadow of another confrontation with Kevin Underwood."

Underwood's 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.

On Sunday, a federal judge rejected Underwood's request to further delay the clemency hearing or execution.

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.