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Appeals court judges hear arguments in murder of Purcell child

A defense attorney for Kevin Underwood, 31, who was convicted and sentenced to death for the slaying of Jamie Rose Bolin, 10, argued a juror failed to disclose to the trial court that he previously had been involved in other court cases.
BY JANE GLENN CANNON Modified: October 13, 2010 at 8:35 am •  Published: October 12, 2010

— The grandmother of a 10-year-old Purcell girl who was murdered in 2006 said she hopes the child won't be forgotten "among all the legalities."

Rose Fox said arguments over whether Jamie Rose Bolin's killer should get a new trial "is just nitpicking."

The child's mother, Jennifer Fox, and Rose Fox were among spectators Tuesday in an OU College of Law courtroom as a defense attorney for convicted killer Kevin Underwood, 31, argued before state appeals court judges that a juror failed to disclose that he previously had been involved in other court cases.

If defense attorneys had known that he withheld information, he probably would not have been chosen as a juror, said attorney William Luker.

"The defendant is entitled to 12 impartial jurors, not 11," Luker argued.

Underwood, who was the girl's neighbor, was convicted and sentenced to die in 2008 for Bolin's death. Luker argued his client was entitled to a new trial or at least an evidentiary hearing to show that mistakes were made in the trial.

Jennifer Dicksen, prosecutor from the state attorney general's office, argued a juror did not intentionally withhold information about being involved in past court action and that the information, even if disclosed, would not have indicated bias on the juror's part.

Dicksen also countered arguments from Luker that certain incriminating statements made by Underwood were coerced and that he was not properly read his rights before an investigator asked him about Bolin's whereabouts.

Underwood admitted to investigators he lured the child into his apartment, hit her over the head with a cutting board, suffocated her, sexually assaulted her and tried to cut off her head with a decorative dagger before hiding her body in a trunk.

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