Kevin Underwood’s death row clemency hearing halted after board members leave

Oklahoma death row inmate Kevin Underwood’s clemency hearing was delayed for the second time Monday, just 10 days before his scheduled execution.

Underwood, 44, is scheduled to be killed by lethal injection at the Oklahoma State Penitentiary in McAlester on Dec. 19. In 2008, he was convicted of first-degree murder in connection with the killing of a 10-year-old girl.

The Oklahoma Pardon and Parole Board was scheduled to appear Monday to hear Underwood’s pardon case, but the Tenth Circuit Court of Appeals stayed the proceedings. Underwood’s legal team filed an appeal in Federal Court on Sunday.

The hearing was originally scheduled for Dec. 4, but it was postponed until Monday due to two board resignations.

Edward Konieczny announced his resignation at the November board meeting, and Calvin Prince resigned the day after Thanksgiving. Prince is under investigation by the Oklahoma Bureau of Investigation for allegedly trading sexual favors for pardons.

On Friday, Oklahoma Governor Kevin Stitt appointed Susan H. Stava to fill one of the vacancies. She was to participate in the pardon hearing.

Underwood’s lawyers expressed concern that Stava would only have a few days to complete his mandatory training and review hundreds of pages and hours of video submitted by both sides.

The Oklahoma Pardon and Parole Board has until 4 p.m. Monday to respond to Underwood’s appeal. Underwood’s attorneys have until 9 a.m. Tuesday to file a response.

What was Kevin Underwood convicted of?

In 2006, Underwood confessed to FBI and Oklahoma officials that he killed and attempted to behead his 10-year-old neighbor, Jamie Rose Bolin. Bolin had previously been reported missing and an AMBER Alert was issued.

In the interview, Underwood explained “how he had recently developed a desire to kidnap a person, sexually assault them, eat their flesh and dispose of their remains,” the Court of Criminal Appeals in New York said. Oklahoma in its 2011 opinion upholding his conviction and punishment.

Underwood told authorities he hit the girl in the back of the head several times with a wooden cutting board and then choked her. He had invited Bolin to his apartment to play with his pet white rat.

Bolin’s body was later found in a large plastic container in Underwood’s bedroom closet. A meat tenderizer and skewers were also found at the scene, which police claimed Underwood intended to use for cannibalistic purposes.

Underwood’s legal team attempted to appeal the sentence on the grounds of mental illness, but it was rejected by a federal judge.

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