Oklahoma death row inmate’s plea for mercy hearing postponed by federal court

OKLAHOMA CITY — A federal appellate court has postponed a hearing where an inmate on Oklahoma’s death row was set to plead for clemency before his impending execution.

The U.S. Court of Appeals for the 10th Circuit had a hearing scheduled for Monday to consider Kevin Underwood’s request for mercy; however, the three-judge panel has delayed this meeting. This hearing was particularly significant as it involved the state’s Pardon and Parole Board, which is responsible for assessing clemency applications.

In recent weeks, two members of the board have resigned, prompting Underwood’s legal team to assert that he is entitled to a comprehensive review from a fully constituted board of five members. Notably, one appointee, Calvin Prince, resigned after being placed under investigation by the Oklahoma State Bureau of Investigation for allegations of “inappropriate activities,” as indicated in a communication from Pontotoc County District Attorney Erik Johnson to the state’s attorney general. While Prince has not yet faced formal charges, his departure raises further concerns about the board’s current capacity. Another board member appointed by Governor Kevin Stitt, Edward Konieczny, also resigned last month.

The attorney representing Prince, Larry Balcerak, was unavailable for immediate comment regarding the situation.

Leslie Berger, a representative from the Oklahoma attorney general’s office, expressed frustration over the delay in her statement, emphasizing that they are exploring all possible legal pathways to conduct the hearing this week and to maintain the execution timeline.

Kevin Underwood, now 44 years old, is slated to be executed via lethal injection on December 19 for the murder of 10-year-old Jamie Rose Bolin in 2006. Bolin, who lived nearby in the same apartment complex in Purcell, Oklahoma, was killed in a brutal crime.

Underwood confessed to authorities that he had murdered the girl as part of a macabre cannibalistic fantasy; although his admission lacked any concrete evidence of actual cannibalism. The investigation revealed that the girl’s remains were discovered in a plastic container within Underwood’s apartment, with her head nearly severed.

While Underwood’s lawyers acknowledge the act of murder, they argue that he struggles with mental health issues, claiming he had a “deeply disturbed fantasy life” that ultimately led to this horrific incident.