By Vanguard Staff
NASHVILLE, TN – Oscar Franklin Smith, 75, was executed Thursday morning at Riverbend Maximum Security Institution, marking the end of Tennessee’s three-year moratorium on lethal injections. He was pronounced dead at 10:47 a.m. after receiving a lethal dose of pentobarbital.
Smith had been sentenced to death for the 1989 murders of his estranged wife, Judith Robirds Smith, and her teenage sons, Chad and Jason Burnett. After more than three decades on death row and multiple delayed execution dates, his death marks the state’s first execution since 2020 and the first under a revised lethal injection protocol adopted in January.
Tennessee halted executions in 2022 after an investigation revealed that the Department of Correction had failed to test execution drugs for contaminants. The updated protocol now uses a single-drug method—pentobarbital—instead of the previous three-drug cocktail.
Governor Bill Lee, who previously paused executions over procedural concerns, denied Smith’s final clemency request on May 20. Smith declined to choose between lethal injection or electrocution, defaulting to the new method.
Witnesses to the execution reported that Smith gave a final statement criticizing the justice system and maintaining his innocence. “Somebody needs to tell the governor the justice system doesn’t work,” he said. As the drugs began to flow, he added, “I didn’t kill her,” twice, while speaking with his spiritual adviser.
Following the execution, family members of the victims shared their ongoing grief.
“The pain of losing Judy, Chad, and Jason is something that we will continue to carry,” said Terri Osborne, Judith Smith’s sister as reported by the Tennessean. “These are memories and wounds that will never fully heal.”
“We miss the sound of Judy’s voice… the excitement of planning Chad’s driving lessons… and the pure joy of hearing Jason’s laughter,” she said.
Judith’s brother, Mike Robirds, added, “No one should have to live in fear like our sister did, and no family should have to endure a loss like ours.”
The family also called attention to the dangers of domestic violence and urged victims to seek help. “We pray more resources and support will be made available to those who need that helping hand,” Osborne said.
Smith’s attorney, Amy Harwell, issued a statement criticizing the state’s use of pentobarbital and highlighting Smith’s religious objection to an autopsy.
“Because an autopsy would violate Oscar’s deeply held religious beliefs, we will never know for sure whether he experienced the torture of pulmonary edema while Tennessee took his life,” she said.
“We do know, however, from the dozens of autopsies that have been performed on those executed by pentobarbital, that this execution method causes excruciating pain and suffering. Our state should stop poisoning people to death in this cruel manner.”
Harwell described Smith as a “beloved child of God” known for his “cantankerous, curmudgeonly brand of kindness” and his skill with leather crafts. “He was a hard worker who took pride in his work both in the free world and on death row,” she added.
Smith was one of several death row inmates involved in a legal challenge to the state’s execution process, arguing it risks unnecessary pain and suffering and lacks transparency in drug sourcing. That case remains pending.
Local news station WPLN reported that roughly 40 protesters gathered outside the prison Thursday morning. Demonstrators held signs, wore anti-death penalty shirts, and participated in a vigil during the hour leading up to Smith’s execution.
“Everything about the death penalty is against the sanctity of life,” said protester Alex Sager. “Especially in the South, where the term ‘pro-life’ is used so often—why isn’t this also an issue?”
John Lozier, another protester, said, “Bill Lee could stop this unholy murder. I’d like to see the governor act on my understanding of Christian faith.”
Charlie Barton, who traveled from Knoxville, said, “No one is beyond redemption. Every life is precious.”
David Bass, who knew Smith from attending prison ministry events, held up a leather Bible cover Smith had crafted for him. “I’m here for Oscar and all the men in there—for solidarity,” he said.
Two individuals stood in support of the execution. One, William Floyd Burgess, who was present at the crime scene in 1989, said, “It was awful. I don’t want to see nobody die, but if they done it, they got to.”
Smith was convicted of killing his estranged wife and her two sons on October 1, 1989. According to prosecutors, he shot Judith Smith and her son Chad and fatally stabbed Jason. A 911 call made by Jason reportedly captured the words “Frank, no! God help me,” referring to Smith’s middle name.
Smith denied responsibility for the killings throughout the trial and appeals. In 2022, his defense team pointed to unidentified DNA found on a potential murder weapon, though the courts ultimately ruled it was not enough to reopen the case.
Born in Ohio in 1950, Smith had several children, including twin sons with Judith Smith. He was working as a machinist at the time of the murders.
Smith was the 19th person executed in the U.S. this year, with more than 30 executions scheduled nationwide in 2025.
This was Tennessee’s first execution since 2020 and the first since Governor Lee imposed a moratorium following revelations of improper drug handling. While the state now claims compliance with its new protocol, critics argue the deeper issues of transparency and due process remain unresolved.
