As the state of Oklahoma braces for a critical moment in its justice system, convicted killer Kevin Underwood faces his clemency hearing today, following a denial for delay. Underwood, who was convicted in the murder of 10-year-old Jamie Rose Bolin in 2006, had his clemency hearing originally scheduled last Wednesday, but it was postponed by the Oklahoma Pardon and Parole Board on November 29 after two board members resigned, one amid allegations of exchanging sexual favors for pardons. According to OKC FOX, Underwood's attorneys have voiced concerns that the loss of two board members infringes on his right to a fair clemency process.
The turmoil within the Oklahoma Pardon and Parole Board has cast a shadow on the proceedings, with Oklahoma Attorney General Gentner Drummond opposing the delay of the hearing, claiming that the board still had enough members for a quorum. As obtained by KOCO News, Drummond remarked, "His crime is heinous." The attorneys for Underwood insist he is entitled under the Oklahoma Constitution to have his case heard by a full five-member board and claim that the current absence of two members violates his due process rights.
A federal judge on Sunday denied Underwood’s request to delay his clemency hearing, solidifying the scheduled date of December 9 against his legal team's request. Underwood's background, which includes a confessed plan to indulge in sexual and cannibalistic fantasies upon his 10-year-old victim—an act described as monstrous by the prosecution—has added to the urgency and gravity of the case. This was emphasized in the reporting by KFOR News, which also noted Underwood’s execution by lethal injection is set for December 19 should the clemency be denied.
If successful in his appeal, Underwood stands to have his sentence commuted, although the public and political pressures surrounding the case have been mounting, particularly given the serious nature of the crime and the controversy embroiling the parole board. His attorneys have argued, as per KFOR News, that Underwood "deserves a fair opportunity to present his case for clemency to a five-member parole board," a stipulation that lies at the heart of their arguments.
