OKLAHOMA CITY, Okla. (KFOR) - A judge on Sunday denied convicted killer Kevin Underwood's request to delay his clemency hearing, it is set for Monday.
Death row inmate Kevin Ray Underwood was seeking a stay of his execution because of the recent turmoil of the Oklahoma Pardon and Parole Board.
However, a judge has denied it, and Underwood's lethal injection execution is set for December 19th.
His attorneys argued he is entitled under the Oklahoma Constitution to have five members hear his clemency request. They also claimed his due process rights under the U.S. Constitution were being violated.
Underwood’s clemency hearing was initially set for December 4 but was later moved to December 9.
Underwood sued the Pardon and Parole Board on Wednesday in Oklahoma City federal court over its plans to move forward with his clemency hearing. His attorneys argued he deserves a fair opportunity to present his case for clemency to a five-member parole board.
He is convicted of suffocating and killing 10-year-old Jamie Rose Bolin in April of 2006 at his Purcell apartment. He confessed to the crime and said he planned to act upon his sexual and cannibalistic fantasies.
News 4 will have a crew in the courtroom and will have updates on Monday.
