Death row inmate's attorneys argue open meeting violations in request for stay of execution

OKLAHOMA CITY (KFOR) — Death row inmate Kevin Ray Underwood is seeking a stay of his execution because of recent turmoil of the Oklahoma Pardon and Parole Board.

Underwood is set to be executed December 19 for the murder of a 10-year-old girl. He killed Jamie Rose Bolen in 2006 and planned to cannibalize her body.

His execution has been complicated by changes on the Pardon and Parole Board, with two of Gov. Stitt's appointees resigning. One of them, Charles Prince, is under investigation.

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.

Today, Gov. Stitt appointed Susan Stava to the board bringing the total number of members to four.

In federal court today, Underwood's attorneys brought up another argument and believe the state violated the rules for the Open Meeting Act by delaying the clemency hearing.

Underwood's attorneys argue the Open Meeting Act states that all parties must be notified no less than 10 days prior to the implementation of any change.

The attorneys for the State argued they don't believe there was a violation.

Underwood's attorneys further argued that the Governor's appointment of Susan Stava is rushing the process and that Stava will only have a few days to review before the hearing.

The judge noted that Stava has trained experience with social work.

No action was taken on Friday. The judge asked both sides to submit supplemental briefs over the weekend regarding allegations made by Underwood's attorneys about the violation.

Underwood's attorneys reiterated that this is a man's life on the line. For now, his clemency hearing is set for Monday, which could change depending on the judge's ruling that is expected soon.