Clemency hearing for death row inmate will go on despite parole board shake-up

OKLAHOMA CITY (KFOR) — The Oklahoma Attorney General's Office filed an emergency petition regarding a clemency hearing for death row inmate Kevin Underwood on Monday.

The move comes after the board announced late last week it would delay this Wednesday's clemency hearing after two board members resigned.

Tulsa-based attorney Tim Gilpin said this instance is a little out of the ordinary.

"The clemency board typically is five members. Two aren't present, but the attorney general's saying three are present, which is a quorum, and he wants them to meet," said Gilpin.

The petition is calling for the board to move forward and not delay justice in the brutal murder of 10-year-old Jamie Rose Bolin in 2006.

Underwood was sentenced to death in 2008.

"We need to let justice be served and we need to honor the victims by executing Mr. Underwood," said Oklahoma Attorney General Gentner Drummond.

"With the execution date coming up, the attorney general can either ask the Court of Criminal Appeals to move the date again or try to force the board to meet and come to a decision. Clemency in Oklahoma is rarely granted," said Gilpin.

Late Monday afternoon, the pardon and parole board told News 4 that the clemency hearing has been rescheduled for Monday, December 9.

"Mr. Underwood is scheduled for execution at the end of the month, and we are having an execution of Mr. Underwood at the end of the month," said Attorney General Drummond.