Pardon & Parole Board Denies Clemency For Death Row Inmate Kevin Underwood

The Oklahoma Pardon and Parole Board did not recommend clemency for death row inmate Kevin Underwood in a unanimous vote during a hearing on Friday morning.

Hearing Details and Legal Battles

Oklahoma death row inmate Kevin Underwood’s clemency hearing took place on Friday, Dec. 13, at 9 a.m., following a week-long legal battle initiated by Underwood’s attorneys, who objected to a hearing conducted with less than all five Pardon and Parole Board members present.

After an unsuccessful lawsuit against the Board, Underwood’s attorneys secured an administrative stay from the Tenth U.S. Circuit Court of Appeals early Monday morning. This stay delayed the hearing for a second time. However, the Tenth Circuit later lifted the stay, allowing the hearing to proceed as scheduled on Friday morning.

Background of the Case

Kevin Underwood has been on death row for 16 years following the 2006 murder of 10-year-old Jamie Rose Bolin in McClain County.

Bolin’s body was found in a tub in Underwood’s bedroom closet.

Underwood confessed to the crime upon his arrest and was later found guilty and sentenced to death.

Jamie’s family has endured a lengthy legal process. Jessica Stegner, Jamie’s aunt, shared:

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

She added that delays have taken a toll on the family, with several members passing away before seeing justice served.

Board Composition and Scheduling Conflicts

Underwood’s attorneys argue that Governor Kevin Stitt’s recent appointment of Susan Stava as the fourth sitting Board member falls short of the five-member requirement they believe should hear the case. They highlighted scheduling conflicts, noting that only three Board members—Richard Miller, Susan Stava, and Robert Reavis—are available to attend the hearing.

The Board’s attorneys counter that there is no constitutional obligation to fill all five seats. Instead, they assert that a quorum of at least three members is sufficient to proceed.

Tom Bates, the Board’s director, stated:

"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."

Recent Challenges and Resignations

Underwood’s clemency hearing has faced numerous delays due to recent resignations on the Pardon and Parole Board. Former Chairman Ed Konieczny stepped down in early November, while Calvin Prince resigned in late November amid allegations of misconduct. These vacancies prompted litigation by Underwood’s attorneys, who argued that the Board should only proceed once fully staffed.

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Governor Stitt’s appointment of Susan Stava on Dec. 6 filled Prince’s seat. Stava, a Tulsa attorney with social work experience, stated:

"I’m committed to approaching each case with fairness and I will always prioritize the integrity of our justice system."

No replacement has been announced for Konieczny’s seat.

Execution Schedule

Underwood’s execution is set for December 19. If carried out, it will mark the fourth execution in Oklahoma this year, following Michael Dewayne Smith, Richard Norman Rojem Jr., and Emmanuel Antonia Littlejohn.

Reaction

After the hearing, Attorney General Gentner Drummond released a statement saying:

“I am pleased the board voted to deny clemency for this deeply evil monster and ensured that justice will be delivered for Jamie Rose Bolin,” Drummond said. “Jamie’s family has waited 18 excruciating years for justice that finally will be carried out when this murderer is executed.”