NASHVILLE, Tenn. — A man convicted of murdering his estranged wife and her two sons in a crime so gruesome it shocked even veteran detectives is now scheduled for execution after decades of appeals. Oscar Franklin Smith, 75, is slated to be executed by lethal injection for the 1989 murders of Judith Robirds Smith, 35, and her sons, Jason Burnett, 13, and Chad Burnett, 16.
The killings took place in the family’s Nashville home, and Smith has consistently maintained his innocence. But prosecutors and law enforcement call it one of the most disturbing cases they’ve ever worked.
A Brutal Triple Homicide That Left a City Reeling
The crime unfolded on October 1, 1989, beginning with a frantic 911 call from 13-year-old Jason, pleading for help.
- The boys were later found stabbed, slashed, and shot inside the home
- Their mother, Judith, had been shot, stabbed, and her throat cut
- Investigators said the murders were committed with multiple weapons
Police initially dismissed the 911 call as a false alarm. Fifteen hours later, a young relative made the grim discovery.
Retired Detective Pat Postiglione, who worked the case, recalled the scene in a 2022 interview: “The boys were brutalized. True evil exists.“
History of Abuse and Threats Before the Murders
Court records detailed a chilling pattern of abuse and threats leading up to the murders.
- Smith had repeatedly threatened to kill Judith, including telling her father he would
- One month before the murders, Smith tied her up, raped her, and vowed to kill her
- He offered money to others to kill her, according to witness testimony
The couple, married in 1985, had twin sons but separated in 1989. Judith’s family members reported ongoing abuse, with her sister and father providing key testimony about the fear Judith lived in.
“She said she had to get a signed paper from us before she went home,” said her father, Don Robirds, recalling a moment of visible fear.
Execution Nears After Years of Delays
Smith is Tennessee’s oldest death row inmate, and his execution has been scheduled three previous times, only to be delayed. The most recent delay came in 2022, just one hour before the scheduled execution, due to a failure in the lethal injection protocol.
This week, Gov. Bill Lee denied clemency, and unless new legal challenges succeed, Smith will be the first person executed in Tennessee since 2020.
- His legal team argues that the new lethal injection protocol poses a risk of torture
- The state plans to use pentobarbital, a drug that attorneys call “chemical waterboarding”
- A pending lawsuit filed by Smith and eight other inmates challenges the protocol’s constitutionality
“This type of isolation is incredibly traumatizing,” said attorney Kelley Henry, describing Smith’s current confinement near the execution chamber.
Despite the controversy, state officials maintain that the method is both constitutional and humane.
Information sourced from:
- The Tennessean (https://www.tennessean.com)
- USA TODAY Network
- Court records and official statements from the Metro Nashville Police Department
