NASHVILLE, Tenn. (AP) — Tennessee inmate Oscar Smith was executed by lethal injection on Thursday morning for the 1989 murders of his estranged wife, Judith Smith, and her teenage sons, Jason and Chad Burnett.
Smith was pronounced dead at 10:47 a.m. after a lethal injection of the barbiturate pentobarbital. The 75-year-old had maintained his innocence. In a lengthy final statement, he railed against the justice system, saying it “doesn't work," echoing sentiments expressed in a recent interview with The Associated Press.
Speaking of Tennessee Gov. Bill Lee, Smith said, “He has the last word and is the last person who can give justice where justice is needed." There are more men waiting to die at the prison, he said. “I'm not the first, and I'm not going to be the last."
Smith was strapped to a gurney and had an IV in his right arm. It was attached to a long tube that ran into a different room where the lethal injection was administered. Witnesses saw no obvious sign that the injection had begun after his final statement, but Smith's speech became labored as he spoke with his spiritual adviser. Witnesses heard him say, “I didn’t kill her.” He appeared calm and did not appear to struggle as visible signs of respiration stopped.
Thursday marked the first time Tennessee officials allowed a spiritual adviser into the execution chamber with the inmate. She prayed over Smith and comforted him, at one point singing, “I'll Fly Away.”
The crime
Smith was convicted of fatally stabbing and shooting Judith Smith, 13-year-old Jason Burnett and 16-year-old Chad Burnett at their Nashville, Tennessee, home on Oct. 1, 1989. He was sentenced to death by a Davidson County jury in July 1990 for the murders.
In 2022, a Davidson County Criminal Court judge denied requests to reopen his case despite some new evidence that the DNA of an unknown person was on one of the murder weapons. The judge wrote that the evidence of Smith’s guilt was overwhelming and the DNA evidence did not tip the scales in his favor.
Two of Smith’s co-workers testified at trial that he had solicited them to kill Judith Smith, and he had a history of threats and violence against her and the boys. Smith had also taken out insurance policies on all three victims. And one of the child victims could be heard yelling what prosecutors said was, “Frank, no!” in the background of a 911 call on the night of the murder. Frank is Smith’s middle name and the one that he used regularly.
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EDITOR’S NOTE: This story includes discussion of domestic violence. If you or someone you know needs help, please call the National Domestic Violence Hotline at 1-800-799-7233.
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Judith Smith's siblings speak
Judith Smith's sister, Terri Osborne, and brother, Mike Robirds, witnessed the execution and spoke to reporters afterwards, standing in front of large portraits of their sister and nephews.
“The pain of losing Judy, Chad, and Jason is something we will continue to carry,” Osborne said. “Not a moment goes by that we don't miss them. We miss the sound of Judy's voice on the other end of the phone. We miss the excitement of planning Chad's driving lessons. And we miss the pure joy of hearing Jason's laughter.”
The tragic deaths are a reminder of the devastating consequences of domestic violence, Osborne said.
“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 said.
The murders were brutal, Robirds said.
“No one should have to live in fear like our sister did," he said. "And no family should have to endure a loss like ours.”
Protesters gather
Christina Isbell was among the death penalty opponents who protested outside the prison. Her downtown Nashville church, Christ Church Cathedral, includes a death row ministry.
“For me, it’s just all about what God teaches,” Isbell said. “And that is, even though somebody else may commit a horrible crime, you don’t go do that to them as well.”
William Burgess was the lone person standing in a fenced off area for death penalty supporters outside the prison. He said he owned a car lot across the street from the home where Smith murdered his family members. Burgess said he was one of the first one to see the bodies.
“He lived too long,” Burgess said of Smith. “Waste of taxpayers' money.”
A surprise reprieve and a lawsuit
Smith's attorney, assistant federal public defender Amy Harwell, told reporters afterward he will be remembered for his “cantankerous, curmudgeonly brand of kindness" and leatherwork skill. She said Smith will not have an autopsy due to his religious beliefs. But she said other autopsies have shown this execution method causes “excruciating pain and suffering."
Tennessee executions have been on hold for five years, first because of COVID-19 and then because of missteps by the Tennessee Department of Correction.
Smith came within minutes of execution in 2022 before a surprise reprieve from Republican Gov. Bill Lee. It later turned out the lethal drugs for that planned execution had not been properly tested. A yearlong investigation revealed numerous other problems with Tennessee executions.
The correction department issued new guidelines for executions in December that are the subject of an ongoing lawsuit.
Nineteen men have died by court-ordered execution so far this year in the U.S., and nine other people are scheduled to be put to death in seven states during the remainder of 2025.
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Associated Press journalists Jonathan Mattise and Kristin M. Hall contributed.
