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Wednesday, June 29, 2022

American claims to have proof of innocence the day before execution

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American claims to have proof of innocence the day before execution

Oscar Smith, 72, will be executed tomorrow in Tennessee, but not if it were up to his lawyers. They claim to have crucial evidence that could prove his innocence. Channel 5 reports that.

Smith was sentenced to death in 1990 for the murder of his then-wife and two sons. Two days before his execution, Smith’s lawyers filed a request to postpone the execution. DNA of an unidentified person was found on the firearm used for the murders.

“Mr Smith has maintained his innocence for over 30 years,” said Amy Harwell, one of his attorneys. “New groundbreaking DNA evidence, which excludes Mr Smith as the contributor of DNA evidence on the murder weapon in this case, proves his claim.”

Attorney General Herbert Slatery asked the judge to refuse to postpone the execution. Plaintiff waited until the late evening of April 18, 2022, just three days before his execution date, to file a motion for a temporary injunction. The last-minute nature of this motion, combined with the state’s interest in the execution of his sentence weighs heavily against granting a stay of execution.”

Tennessee governor Bill Lee has said he has no intention of stopping the execution. “After a thorough consideration of the request and an extensive investigation of the case, the Tennessee State verdict stands and I will not intervene.”

For the governor, the other evidence in the case will have weighed too heavily. Smith, who was 40 years old at the time of the murder, is said to have threatened his wife with death 12 times. In addition, a bloody handprint was found on a bedsheet. Smith was missing two fingers due to an accident and the handprint on the bedsheet was also missing two fingers.

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