A Tennessee inmate, Oscar Smith, was executed via 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 was pronounced dead at 10:47 AM after receiving a dose of pentobarbital, a barbiturate.
At 75 years old, he maintained his innocence throughout, expressing his views on the justice system in a lengthy final statement. He remarked that the system “doesn’t work,” echoing sentiments he shared in a recent Associated Press interview.
Referring to Tennessee Governor Bill Lee, Smith noted that he had the final say and could grant justice where it was due. There are, he mentioned, more men on death row. “I’m not the first, nor will I be the last,” he stated.
During the execution, Smith was strapped to a gurney with an IV inserted in his right arm, leading to another room where the injection occurred.
Witnesses did not see any immediate physical reactions when the procedure began, although Smith struggled to articulate his thoughts when speaking with his spiritual adviser.
He repeated, “I didn’t kill her,” maintaining a calm demeanor even as signs of life faded.
This marked the first instance where Tennessee officials allowed spiritual advisers to accompany inmates into the execution chamber.
The adviser offered prayers, comforted him, and even sang, “I’ll fly away.”
Crime
Smith was found guilty of fatally stabbing and shooting 13-year-old Jason Barnett and 16-year-old Chad Barnett on October 1, 1989, in Nashville, Tennessee.
He received the death sentence from the Davidson County jury in July 1990.
A judge in 2022 denied a request to revisit Smith’s case, despite new evidence suggesting DNA from an unknown individual was found on one of the murder weapons.
The judge concluded that the evidence of Smith’s guilt was insurmountable, stating the DNA evidence did not exonerate him.
Witnesses testified that Smith had solicited others to harm Judith Smith and had a documented history of threats and violence against her and her children.
Notably, he had taken out insurance policies on all three victims, and during the 911 call that night, one of the children could be heard calling out “Frank, no!”—referring to Smith’s middle name, which he was commonly called.
Judith Smith’s Family Speaks
After the execution, Judith Smith’s siblings, Terry Osborne and Mike Robbid, shared their feelings. “The pain of losing Judy, Chad, and Jason is something we continue to carry,” Osborne said, recalling how they miss simple things like Judy’s voice and the laughter of the boys.
Osborne mentioned that the tragic event underscores the grave repercussions of domestic violence. “We hope this case will inspire action and encourage those at risk to seek help before it’s too late,” she said.
Robbid called the murder heinous, emphasizing that no one should have to live in fear as their sister did.
Protesters Assemble
Christina Isbel, among those opposed to capital punishment, protested outside the prison. She emphasized that her faith guides her on this matter, stating that even heinous acts don’t justify further violence.
In contrast, William Burgess, an advocate for the death penalty, stood outside the prison, noting he was one of the first to see Smith’s victimized family. “He deserved to have faced justice long ago,” Burgess remarked.
The Aftermath and Legal Challenges
Oscar Smith’s attorney, public defender Amy Harwell, reflected on his legacy, highlighting his kindness and skills in leatherwork. She noted that Smith requested no autopsy due to his religious beliefs, while asserting that previous autopsies indicated execution procedures can result in severe pain.
Tennessee executions had been on hold for five years, initially due to Covid-19 restrictions and later because of issues with the corrections system.
Smith narrowly escaped execution in 2022 due to last-minute political maneuvers and concerns over improper drug testing for lethal injections. A subsequent investigation unveiled numerous problems within the state’s execution practices.
Since December, the Department of Corrections has introduced new execution guidelines, although these are currently under legal scrutiny.
So far this year, 19 individuals have been executed in the United States, with more scheduled in seven states for the remainder of 2025.
