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Federal Court Postpones Hearing for Oklahoma Death Row Inmate Seeking Last-Minute Plea for Mercy


OKLAHOMA CITY—The U.S. federal appeals court has postponed a hearing where an inmate on Oklahoma’s death row is expected to make an urgent plea for clemency ahead of his impending execution.

The three-judge panel of the U.S. Court of Appeals for the 10th Circuit has postponed the Pardon and Parole Board hearing that was scheduled for Monday, where they were set to review Kevin Underwood’s request for clemency.

Recently, two members of the board resigned, and Underwood’s legal team argues that he is entitled to a hearing before a complete five-member board. One of the appointees by Governor Kevin Stitt, Calvin Prince, resigned amidst a criminal investigation by the Oklahoma State Bureau of Investigation concerning alleged “inappropriate activities,” as detailed in a letter from Pontotoc County District Attorney Erik Johnson to the state’s attorney general. As of now, Prince has not faced formal charges. Another appointee of Stitt’s, Edward Konieczny, also left the board last month.

Calvin Prince’s attorney, Larry Balcerak, has not responded to requests for comments.

“While the stay is disappointing, we are exploring all legal options to facilitate the hearing this week and maintain the execution schedule,” stated Leslie Berger, a spokeswoman for the Oklahoma attorney general’s office.

The 44-year-old Underwood is scheduled to be executed by lethal injection on December 19 for the murder of 10-year-old Jamie Rose Bolin, who resided in Underwood’s apartment complex in Purcell, Oklahoma, in 2006.

Underwood confessed to investigators that he killed the girl as part of a cannibalistic fantasy, although there is no evidence to suggest that any actual cannibalism occurred. The girl’s body was discovered in a plastic tub in Underwood’s apartment, and her head had been nearly severed.

While Underwood’s attorneys acknowledge that he killed the girl, they argue that he was suffering from mental illness, characterized by a “deeply disturbed fantasy life that he ultimately acted upon.”



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