Lethal Injection

Death row inmate facing execution this week has his appeal denied despite new evidence

NASHVILLE, Tenn. – The Tennessee Supreme Court on Monday refused to hear the appeal of an inmate facing execution this week who sought to reopen the case after the DNA of an unidentified person was found. seen on one of the murder weapons.

The one-sentence order comes as the state prepares to kill 72-year-old Oscar Smith by lethal injection on Thursday. The court also denied his request to postpone the execution date.

Smith was found guilty of fatally stabbing and fatally shooting his estranged wife, Judith Smith, and her sons Jason and Chad Burnett, ages 13 and 16, at their home in Nashville on October 1. 1989. Smith still maintains that he is innocent.

Prisoner Oscar Smith.
Prisoner Oscar Smith.Tennessee Department of Correction via AP

State Criminal Appeals Court ruled last week that Smith had not provided evidence that he was innocent in the murders.

The appeals come after Smith asked the Davidson County Criminal Court to reopen his case earlier this month after a new type of DNA analysis found an unknown person’s DNA on one of the murder weapon.

The judge denied that request as well as a request for a second review, writing that the evidence of Smith’s guilt was extensive. The judge cited previous threats and life insurance policies made by Smith for the three victims. Smith appealed.

Smith had previously sought to prove that the fingerprint evidence used against him was unreliable. Smith’s attorneys argued in an appeals motion last week that the combination of fingerprints and an unknown person’s DNA on one of the murder weapons should be considered strong evidence. strongly about his innocence.

Smith will be the first inmate to be killed in Tennessee since the start of the Covid-19 pandemic, which has prompted the rescheduling of executions for some inmates.

You are reading the article Death row inmate facing execution this week has his appeal denied despite new evidence

at Blogtuan.info – Source: nbcnews.com – Read the original article here

Back to top button