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Clemency Hearing for Oklahoma Child Killer to Proceed Monday Despite Legal Setbacks

A clemency hearing for Oklahoma child killer Kevin Ray Underwood will go ahead as scheduled this Monday, despite recent legal challenges and a series of delays. The 2006 conviction for the murder of 10-year-old Jamie Rose Bolin has sparked a contentious legal battle as Underwood’s attorneys seek to delay his execution scheduled for December 19.

Legal Challenges to Clemency Hearing

U.S. District Judge Charles B. Goodwin made a decisive ruling on Sunday, rejecting a request from Underwood’s defense team to have the Oklahoma Pardon and Parole Board’s clemency hearing conducted by all five members. Underwood’s legal team argued that the absence of two members of the board, who had resigned recently, would decrease his chances of obtaining clemency. However, Goodwin did not grant a stay of execution or allow for the full board’s involvement in the upcoming hearing.

This legal battle has been complicated by a series of developments. Underwood’s original clemency hearing, which was set for December 4, was canceled after two members of the five-person Pardon and Parole Board resigned. The resignations led to protests from Oklahoma Attorney General Gentner Drummond, who voiced concerns over the fairness of holding the hearing with only three members.

Oklahoma Pardon and Parole Board

In response to these protests, Governor Kevin Stitt moved swiftly to appoint Tulsa attorney Susan H. Stava to the Pardon and Parole Board, replacing H. Calvin Prince III. This appointment brought the board back to four active members, allowing the hearing to proceed on Monday as planned. Despite this change, the hearing will still take place without the full five-member board that Underwood’s legal team had originally requested.

The Crime and the Conviction

Kevin Ray Underwood was convicted for the brutal murder of 10-year-old Jamie Rose Bolin in 2006. The details of the crime are chilling. Underwood, who was 26 at the time, suffocated Bolin and then left her partially decapitated body in a plastic tub in his Purcell apartment. In a disturbing twist, Underwood had planned to rape and cannibalize her body, a revelation that emerged during his trial and contributed to the severity of his conviction.

Underwood’s execution is scheduled for December 19 at Oklahoma State Penitentiary in McAlester. His defense team has made multiple efforts to delay the execution, arguing that Underwood’s mental health and the controversial nature of his crime make him an unsuitable candidate for the death penalty. The defense has also emphasized the potential impact that the absence of a full board could have on the clemency process, which requires at least three votes in favor to grant clemency.

The Importance of Clemency and Execution Process

Clemency hearings, such as the one scheduled for Monday, are a critical part of the death penalty process. In Oklahoma, the Pardon and Parole Board plays a key role in deciding whether an inmate should be granted a reprieve or commuted sentence. While the decision is advisory, the governor has the final say.

The clemency process allows for the consideration of various factors, including the convict’s background, mental health, and potential for rehabilitation. It is also a chance for family members, legal experts, and others to weigh in on whether the death penalty is appropriate in a particular case. For Underwood, this hearing represents his final opportunity to avoid execution, although his attorneys face an uphill battle to secure clemency with only four members of the board present.

The Road to Execution

Despite the clemency hearing moving forward, Underwood’s legal team is still pushing for a delay in his execution. They have argued that his execution, which is scheduled to take place just 11 days after the hearing, would be premature given the ongoing legal disputes. However, Judge Goodwin’s refusal to intervene leaves Underwood’s fate uncertain as the clock ticks down to December 19.

As Oklahoma approaches the date of Underwood’s scheduled execution, his case remains a point of contention in the broader conversation about the death penalty in the state. The controversy surrounding his clemency hearing is a reflection of the deep divisions over the use of capital punishment and the scrutiny surrounding its application, particularly in cases involving individuals with significant mental health issues.

In the coming days, all eyes will be on the Pardon and Parole Board and Governor Stitt to see if clemency will be granted or if the execution will proceed as planned. For Underwood, it will be a final attempt to avoid death for a crime that has left an indelible mark on the Oklahoma community.

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