NASHVILLE, Tenn. — Oscar Smith, a 75-year-old Tennessee man convicted of killing his estranged wife and her two teenage sons, was scheduled to be executed Thursday morning, three years after a last-minute reprieve spared him from death. Smith has always maintained his innocence, and in a recent interview, he expressed frustration over what he believes were failures in the judicial system.
The 1989 Murders
Smith was convicted for the brutal murders of Judith Smith, his estranged wife, and her two sons, 13-year-old Jason Burnett and 16-year-old Chad Burnett, at their home in Nashville on October 1, 1989. He was sentenced to death by a Davidson County jury in July 1990.
Smith has always maintained his innocence, with claims that he was wrongfully convicted, but despite his assertions, the case has never been reopened until recently.
New Evidence and Legal Challenges
In 2022, a judge from Davidson County Criminal Court denied requests to reopen Smith’s case, despite the discovery of new evidence. DNA found on one of the murder weapons did not match Smith’s DNA, but instead belonged to an unknown individual. The judge wrote that this new evidence did not outweigh the overwhelming evidence of Smith’s guilt.
His legal team is also challenging Tennessee’s current execution procedures. The Tennessee Department of Correction has faced several issues regarding lethal injection protocols. Smith’s attorney, Amy Harwell, criticized the state for removing critical rules for testing lethal drugs in its new guidelines. She said the department’s response to its previous failures was to eliminate protocols entirely, describing it as “as if, having been caught breaking their own rules, TDOC decided, ‘Let’s just not have rules.’”
The Reprieve and Investigation
Smith was on the verge of execution in 2022 when he received an unexpected reprieve from Governor Bill Lee. Just minutes before the scheduled lethal injection, Smith was spared due to problems with the lethal drugs, which had not been properly tested. This reprieve led to a yearlong investigation into Tennessee’s execution procedures, revealing numerous problems with the execution process.
Legal Action and Upcoming Trial
Smith’s execution, scheduled for May 18, 2025, comes amid ongoing legal challenges to the state’s execution protocols. A lawsuit filed by Smith and other death row inmates is challenging the new guidelines. The case is set to go to trial in January 2026.
As the clock ticks down to Smith’s potential execution, legal and ethical questions surrounding the death penalty in Tennessee continue to spark debate, with some questioning the fairness of the process and whether Smith should have the opportunity for a new trial based on the emerging evidence.
Source Attribution:
- Associated Press
- Tennessee Department of Correction Records
- Davidson County Court Files