Death row inmate shares bold four-word claim seconds before execution

Daily Mirror

23-05-2025

Oscar Franklin Smith was executed by lethal injection on Thursday morning at the Riverbend Maximum Security Institution in Nashville for the brutal murders of his estranged wife and her two sons in 1989
Oscar Smith was executed by lethal injection on Thursday morning for the 1989 murders of his ex-wife, Judith Smith, and her sons, Jason and Chad Burnett, and he had some bold final words.
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 October 1, 1989. He was sentenced to death by a Davidson County jury in July 1990 for the murders.
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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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Despite the overwhelming evidence the former machinist never wavered in his claims of innocence.
In an extensive last statement, he condemned the justice system, claiming it "doesn't work." Regarding the Tennessee Govenor Bill Lee, Smith said: "He has the last word and is the last person who can give justice where justice is needed." He noted that others are awaiting their fate in prison, stating, "I'm not the first, and I'm not going to be the last.
The Tennessee prisoner, 75, was secured to a gurney with an IV in his arm connected to a tube leading to another room. But, moments before his death his speech grew strained while talking to his spiritual adviser, with witnesses hearing him assert: "I didn't kill her." Throughout, he remained composed and showed no signs of struggle as his breathing stopped. He was declared dead at 10:47am local time following the lethal injection of the barbiturate pentobarbital.
This execution was notable as it was the first instance in Tennessee where a spiritual adviser was permitted inside the chamber. She offered prayers and solace to Smith, even singing "I'll Fly Away" at one point.
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Over the years, he's had multiple execution dates that were rescheduled because of COVID-19 and moratoriums to review the state's lethal injection process.
Judy's sister Terri said: 'The pain of losing Judy, Chad, and Jason is something that we will continue to carry. It's not a moment that goes by that we don't miss them. I miss the sound of Judy's voice — I know my brother does as well — 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. These are memories and wounds that will never fully heal.'
Despite some fresh evidence in 2022 suggesting the DNA of an unknown individual on one of the murder weapons, a Davidson County Criminal Court judge dismissed appeals to revisit his case. The judge's ruling stated that the proof of Smith's guilt was incontrovertible and that the new DNA findings didn't alter the situation in his favour.
At the trial, two of Smith's colleagues testified that he had tried to hire them to murder Judith Smith, and there was evidence of his previous threats and violence towards her and the boys. Smith had also taken out insurance policies on all three victims.
Moreover, during a 911 call made on the night of the murders, one of the young victims can be heard shouting what prosecutors claimed was, "Frank, no!" Frank is Smith's middle name, which he commonly used.