Oklahoma Death Row inmate John Hanson sues State Pardon and Parole Board

Attorneys for John Hanson allege his clemency hearing earlier this month violated the Oklahoma Constitution due to the participation of a biased board member.

RELATED: Oklahoma Death Row inmate John Hanson denied clemency, execution set to continue

Hanson’s lawyers argue his case represents a “disturbing miscarriage of justice”. The lawsuit requests the court to declare the clemency hearing from earlier this month to be invalid. His lawyers want a new clemency hearing, and a stay on Mr. Hanson’s execution until that process is complete.

MORE: Oklahoma death row inmate seeks clemency decades after 1999 Tulsa double murder

Hanson's lawyers claim Board Member Sean Malloy was not impartial to the case. He served as a Tulsa County Assistant District Attorney during the time of John Hanson’s resentencing in 2006.

Lawyers said Mr. Hanson’s counsel formally requested Malloy’s recusal before the hearing on May 7, citing this direct connection to the case; the request was denied.

“The Oklahoma Constitution guarantees every person a fair and impartial clemency hearing. That did not happen here,” said Emma Rolls, an attorney for John Hanson. “A board member with direct ties to Mr. Hanson’s prosecution refused to step aside, despite clear grounds for recusal. No one facing execution should have to plead for mercy before someone connected to the case in this way. We’re asking the court to intervene, and to halt this execution until Mr. Hanson receives the process he’s entitled to under law.”

According to Hanson’s lawyers, the hearing violated Article VI, Section 10 of the Oklahoma Constitution, which requires clemency applications to be reviewed by five impartial members. They add, the lawsuit cites both the conditional requirement and Board policy stating that members must recuse themselves where prior involvement in a case would compromise impartiality, or even create the appearance of impropriety.

News 9 has reached out to the State Pardon and Parole Board, which said it does not comment on pending litigation.

Background

In 1999, 77-year-old Mary Bowles was kidnapped from a Tulsa shopping mall, where prosecutors say George Hanson and an accomplice drove her to a remote area near Owasso, where she was shot and killed.

Jerald Max Thurman, who witnessed the crime, was also shot and killed at the scene.

A Tulsa County jury sentenced Hanson to death.

What comes next?

Hanson is set to be executed on June 12, 2025. If carried out, it would mark Oklahoma’s second execution of 2025.