On Sunday, U.S. District Judge Charles Goodwin rejected Kevin Underwood’s bid for a stay of execution, leading his lawyers to file an urgent appeal with the Tenth Circuit. This ruling comes after a Dec. 4 clemency hearing was canceled because the Oklahoma Pardon and Parole Board was reduced to three members out of five after resignations.
Under pressure from the state attorney general, a new clemency hearing was scheduled for Monday. On Friday, Governor Kevin Stitt appointed Tulsa attorney Susan H. Stava to the board, although one position is still open.
Underwood, 44, is set to be executed by lethal injection on Dec. 19 for the 2006 murder of 10-year-old Jamie Rose Bolin. His attorneys contend that the fewer board members diminish his chances for clemency. The Tenth Circuit issued a stay on the clemency hearing Monday morning, asking the Pardon and Parole Board to respond by 4 p.m., while Underwood’s lawyers have until 9 a.m. Tuesday to reply.