Tennessee inmate Oscar Smith was executed by lethal injection on Thursday morning for the 1989 murders of his estranged wife, Judith Smith, and her two teenage sons, Jason and Chad Burnett.
Smith, 75, was pronounced dead following the administration of a lethal dose of the barbiturate pentobarbital. Throughout the legal process, Smith maintained his innocence. In a lengthy final statement delivered before his execution, he said, “Somebody needs to tell the governor the justice system doesn’t work.” Witnesses also reported hearing Smith declare, “I didn’t kill her.”
He was convicted of fatally stabbing and shooting Judith Smith, 13-year-old Jason Burnett, and 16-year-old Chad Burnett at their Nashville home on October 1, 1989. A Davidson County jury handed down a death sentence for Smith in July 1990 for the triple homicide.
In 2022, a Davidson County Criminal Court judge rejected requests to reopen Smith’s case, even in light of new evidence indicating the presence of unidentified DNA on one of the murder weapons. The judge ruled that the evidence of Smith’s guilt remained overwhelming and that the new DNA evidence was insufficient to sway the verdict.
During the original trial, two of Smith’s co-workers testified that he had solicited them to kill Judith Smith. Evidence also presented a history of threats and violence perpetrated by Smith against his wife and her sons. Furthermore, it was revealed that Smith had taken out life insurance policies on all three victims. A chilling detail from a 911 call made on the night of the murders captured one of the child victims yelling what prosecutors argued was, “Frank, no!” Frank was Smith’s middle name, which he commonly used.
Following the execution, Terri Osborne, the sister of Judith Smith, and her brother Mike Robirds spoke to reporters, lamenting the permanent loss of their sister’s voice. Osborne stated that they would never have the opportunity to plan Chad’s driving lessons or experience “the pure joy of hearing Jason’s laughter” again. She emphasized that the tragic deaths served as a stark reminder of the devastating consequences of domestic violence.
“We know it is an incredibly hard thing to do to leave a spouse who is abusing, but pray that this case becomes a call to action, encouraging those in danger to seek help before it’s too late,” Osborne urged.
Darlene Kimbrough, who had known Smith through visits to another death row inmate over the past decade, shared that she had recently sent him a card expressing that he was loved. She was surprised to receive a thank-you letter in return just days before the execution, leading her to believe that Smith had found a sense of peace regarding his impending death.
Tennessee had halted executions for five years, initially due to the COVID-19 pandemic and subsequently due to procedural errors by the Tennessee Department of Corrections. According to the Death Penalty Information Center, a non-profit organization that researches capital punishment, there are currently 46 individuals on Tennessee’s death row.
Smith narrowly avoided execution in 2022 when Republican Governor Bill Lee issued a last-minute reprieve. It was later discovered that the lethal drugs intended for use had not undergone proper testing. A year-long investigation revealed numerous other significant issues with Tennessee’s execution protocols, finding that the state had repeatedly failed to adhere to its own procedures in seven executions and preparations for an eighth between 2018 and 2022.
The correction department implemented new guidelines for executions in December. However, the revised execution manual contains only a single page addressing lethal injection chemicals, lacking specific directions for drug testing and removing the requirement for the drugs to be sourced from a licensed pharmacist.
Tennessee is among several states that have resumed executions after a hiatus to review their methods. Indiana restarted lethal injections this week after a 15-year pause. Other states have explored alternative methods, with Idaho recently passing legislation making firing squads the primary method of execution starting next year. South Carolina executed two individuals by firing squad this year, and Alabama has utilized nitrogen gas, executing four people with the controversial method since 2024.
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