Tennessee Man Executed for Murdering Wife and Her Two Sons, Declares “Justice System Fails” Prior to Lethal Injection
Execution of Tennessee Inmate Oscar Smith Raises Concerns
Tennessee carried out the execution of Oscar Smith on Thursday morning. Smith, who was 75, received a lethal injection for the 1989 murders of his estranged wife Judith Smith and her teenage sons, Jason and Chad Burnett. Despite maintaining his innocence until his last breath, he was pronounced dead after the administration of pentobarbital.
Smith’s final words included a plea to the governor, stating, “Somebody needs to tell the governor the justice system doesn’t work.” Witnesses also heard him declare, “I didn’t kill her.” These words echo a complex narrative that has captured public interest for decades. Smith was convicted of fatally stabbing and shooting his family members at their Nashville home in October 1989. A Davidson County jury sentenced him to death in 1990.
Despite new DNA evidence suggesting another person’s involvement, a Davidson County Criminal Court judge declined to reopen the case in 2022. The judge cited overwhelming evidence of Smith’s guilt that remained unaffected by the new findings. Testimonies from two co-workers claiming Smith solicited them to kill Judith and a history of threats added weight to the conviction. Moreover, insurance policies taken out by Smith on all three victims and a chilling 911 call where one victim reportedly yelled, “Frank, no!”-using Smith’s middle name-painted a damning picture.
The impact of these tragic events lingers profoundly among those who knew Judith and her sons. Terri Osborne, Judith’s sister, expressed deep sorrow over losing her loved ones and emphasized the enduring pain it has caused her family. She reflected on missed opportunities like planning Chad’s driving lessons or hearing Jason’s laughter.
Osborne highlighted the broader implications of such violence, reminding everyone of the grave consequences of domestic violence. She hopes this case serves as a catalyst for action, urging those in peril to seek help before it’s too late.
Meanwhile, Darlene Kimbrough shared her connection with Smith through visits to another death row inmate. She recently sent him a card expressing love and unexpectedly received a letter back from him days before his execution. Kimbrough believes Smith had made peace with his fate.
Tennessee executions had been on hold for five years, initially due to COVID-19 and later because of procedural missteps by the Tennessee Department of Corrections. As reported by the Death Penalty Information Center, there are currently 46 individuals on Tennessee’s death row.
Smith narrowly avoided execution in 2022 after Governor Bill Lee issued a last-minute reprieve due to improperly tested lethal drugs. This prompted a yearlong investigation revealing multiple execution protocol failures between 2018 and 2022. The corrections department released new guidelines in December, but concerns linger over their sufficiency.
Tennessee isn’t alone in resuming executions after procedural pauses. Indiana has resumed executions this week following a 15-year break. Elsewhere, Idaho legislators have passed laws favoring firing squads as the primary execution method starting next year, while South Carolina has executed two individuals using this method already this year. Alabama has controversially used nitrogen gas for four executions since 2024.
For more details, see this background on crime trends.
