NASHVILLE, Tenn. — Oscar Smith, a 75-year-old man convicted for the brutal murders of his estranged wife and her two teenage sons, faced execution on Thursday morning, three years after a last-minute reprieve spared his life. Scheduled for a lethal injection at 10:10 a.m., Smith has long maintained his innocence and criticized the judicial system for failing him.
Smith was found guilty of killing his estranged wife, Judith Smith, and her sons, 13-year-old Jason Burnett and 16-year-old Chad Burnett, at their Nashville home on October 1, 1989. He received the death penalty from a Davidson County jury in July 1990. Despite new DNA evidence suggesting an unknown person’s presence on one of the murder weapons, the courts have so far rejected his appeals. A judge ruled last year that the evidence did not significantly challenge Smith’s conviction, stating that the evidence against him remained overwhelmingly strong.
The state of Tennessee has experienced a moratorium on executions for the past five years. The pause began due to the COVID-19 pandemic, compounded by issues within the Tennessee Department of Correction related to the administration of lethal injections. Smith narrowly escaped execution in 2022 when Governor Bill Lee intervened at the last moment, revealing that the lethal drugs set for his execution had not undergone adequate testing. An ensuing investigation unveiled several other discrepancies concerning the handling of execution protocols.
In December, the Department of Correction revised its execution manual, adopting new guidelines. However, these changes drew criticism for their lack of detail regarding the testing of lethal injection chemicals. The new procedures eliminate the previous requirement for drugs to be sourced from licensed pharmacists. Smith’s attorney, Amy Harwell, expressed concern, suggesting that the changes appear to permit the Department to bypass existing regulations, stating, “It’s as if, having been caught breaking their own rules, TDOC decided, ‘Let’s just not have rules.’”
Smith is not alone in questioning the revised protocols. He, along with other inmates on death row, has filed a lawsuit challenging the new guidelines, which are set to be examined in a trial next January. As the legal battles continue, Smith awaits his fate, determined to assert his innocence as he navigates a flawed system that has shaped his life for over three decades. As the execution date neared, tension mounted, highlighting broader discussions about the death penalty and its implementation in Tennessee.
The case serves as a reminder of the complexities and controversies surrounding capital punishment, particularly how systemic inefficiencies and legal intricacies can impact lives irrevocably. As the clock ticks down, all eyes are on the state’s decisions and the implications they hold for Smith and others like him.