Q&A: After The Stay In Kevin Underwood’s Clemency Hearing, What’s Next And How Did We Get Here?

The 10th Circuit canceled a clemency hearing on Monday, Dec. 9. This comes after several Pardon and Parole Board members resigned in the last six weeks.  

Editor's note: Oklahoma death row inmate Kevin Underwood's clemency hearing is now set for Friday, December 13 at 9 a.m.

Q: What happened with Kevin Underwood’s clemency hearing scheduled for Dec. 9th, 2024? 

A: The 10th Circuit Court of Appeals 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 Underwood’s attorneys. However, a late ruling from the 10th Circuit canceled that hearing.

Q: Why was there a delay from the Pardon and Parole Board in this Clemency hearing? 

A: 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. Underwood’s attorneys also claim he is mentally ill; they also blame his childhood and pornography addiction. 

Q: When did the original case happen?

A: In April of 2006 Jamie Bolin was killed. Her body was found in a tub in Underwood’s bedroom closet. Three days later Underwood was charged with first-degree murder. In a confession, he said "It started off as, uh, cannibalism, uh, you know... I wanted to know what, what it tasted like." In his reasoning for targeting children he said: "When I was first thinking about it, you know, I was like looking at it, you know, like five-year-old boys running around there playing all day... so, I mean, age and the gender didn't really matter to me."

Throughout 2007 and 2008 the Trial began and ended in February of 2008 when a Jury found Underwood guilty. The next month the jury recommended the death penalty. Two years after the original crime in April of 2008, Underwood was sentenced to death. 

An appeal was denied in 2012, and in 2022 his execution date was set. 

HISTORY OF THE CASE: Timeline Of Kevin Underwood's Murder Case And Clemency Hearing For 2006 Killing Of Jamie Bolin

Q: What’s next for Underwood? 

A: The attorneys for Underwood have until 9 a.m. on Tuesday to respond with a brief in the case. News 9 legal analyst Irven Box says the appeals process will likely move quickly. “I think it's possible this could be heard by the 10th Circuit in the next few days and the execution could proceed on the 19th of December if scheduled,” said Box. When a hearing is scheduled, even if the board recommends clemency, it would ultimately be up to Governor Kevin Stitt to grant clemency. Stitt has only granted clemency once, for Julius Jones in 2021.

Q: What happened to the two members of the Pardon and Parole Board earlier this month? 

A: In the last few months, two Pardon and Parole Board members resigned from the board delaying Underwood’s scheduled hearing. 

The first was Edward Konieczny on October 28th. 

In Konieczny’s resignation letter to Governor Stitt, he said “Please know how much I appreciate the trust you placed in me during my time of service.” Konieczny served three years on the Pardon and Parole Board and the Interstate Compact on Adult Offender Supervision. 

The second was Calvin Prince who quit the board, through an email from his attorney, within hours of state investigators searching his home outside of Ada, in Pontotoc County. The warrant revealed explicit details about Prince's potential abuse of power.

PAST COVERAGE: Former Pardon And Parole Board Member Investigated, Delaying Death Row Hearing

Q: Who is the newest appointee on Oklahoma’s Pardon and Parole board? 

A: On December 6th, Governor Stitt announced his appointment of Tulsa Lawyer Susan Stava to the Oklahoma Pardon and Parole Board.

The announcement stated that she has experience in social work and is replacing Prince's seat.

Stave in a release announcing her appointment said “I am deeply honored to serve my state on the Pardon and Parole Board,” said Stava. “I’m grateful for the Governor’s trust in me, as I know the role requires a careful balance of accountability, compassion, and respect for the rule of law. I’m committed to approaching each case with fairness and I will always prioritize the integrity of our justice system.”

Q: Has there been a time when there were only 4 members on the board? 

A: The last time there were only 4 members was April of this year. That hearing was for Richard Glossip who received a split vote 2-2 meaning Clemency would not be recommended. 

In that case, the fifth member recused himself citing conflict of interest. That case is still tied up in the U.S. Supreme Court. 

MORE DETAILS: ‘I Don’t Deserve To Die For This’: Glossip Clemency Denied

Q: How many executions have happened in the State of Oklahoma in 2024?

A: Three. Underwood, whose execution is scheduled for December 19th, would be the fourth. The other three were Michael Dewayne Smith, Richard Norman Rojem Jr., and Emmanuel Antonia Littlejohn. 

FULL REPORT: Pending Clemency Hearing For Death Row Inmate Kevin Underwood, State Prepares For 4th Execution Of 2024