Tennessee completes its first execution in five years

As reported in this local article, “Tennessee has executed Oscar Franklin Smith, sentenced to death for the 1989 killings of his estranged wife Judith Robirds Smith and her two teenage sons, Chad Burnett and Jason Burnett, in Nashville.” Here is more:

Smith, 75, was killed by a fatal dose of the drug pentobarbital injected into his veins at Riverbend Maximum Security Institution. He was pronounced dead at 10:47 a.m. May 22.

In a lengthy final statement, Smith spoke out against the governor and the justice system. “Somebody needs to tell the governor the justice system doesn’t work,” he said in part, according to a media witness to the execution….

Smith’s execution marks a return to capital punishment in Tennessee after the governor instituted a moratorium on the state’s most severe penalty. It had been five years since a Tennessee prisoner died by execution and six years since the state killed someone by lethal injection.

After the execution, the family of the victims spoke about the danger of domestic violence. “Through our heartbreak we are reminded of the devastating consequences of domestic violence,” Osborne said. “For those who may be living in fear or in the grip of abuse please know that you are not alone.”…

Smith always said he was innocent and testified in his defense during his trial. Media witnesses to the execution reported that while the lethal chemicals were flowing into his arm, Smith twice said, “I didn’t kill her.” In 2022, Smith raised the issue to a court that an unknown person’s DNA was found on an awl, an icepick-like tool believed to be one of the murder weapons.

There was, however, plenty of evidence that linked him to the crime. That included the fact his car was seen at the victim’s home the night of the crime and the fact Chad Burnett called out, “Frank, no! God help me,” on the 911 call. Franklin is Smith’s middle name. Judges found the DNA evidence was not strong enough to reopen his case.