(Nashville, Tennessee ) attorneys for Tennessee death row prisoners Oscar Smith and Byron Black asked Governor Bill Lee to issue a reprieve preventing the State from conducting any executions while the courts are assessing the constitutionality of its new lethal injection protocol. Mr. Smith is scheduled to be executed on May 22 and Mr. Black Byron August 5.
The Reprieve Letter, which was submitted to Governor Lee , states:
“[Oscar] Smith was preparing to accept communion when you courageously and correctly halted his execution on April 21, 2022. After learning that members of your department of correction had failed to follow the execution protocols, it was unquestionably the right thing to pause all executions and seek an independent review.”
The letter commends Governor Lee’s directive, following that review, that the Tennessee Department of Corrections (TDOC) implement recommended changes. However, “except for firing two staff members, it does not appear that the department implemented the safeguards you directed.”
“Please do the next right thing,” the letter urges, by pausing all executions in Tennessee until March 1, 2026, when a trial on the constitutionality of Tennessee’s new execution protocol is scheduled to begin.
“With a trial scheduled for early next year, it would be unconscionable to allow Oscar or Byron to be executed now,” said Amy Harwell, an attorney for the death row prisoners.
“Tennessee has a long history of egregious mistakes in administering executions. Governor Lee has repeatedly done the right thing to prevent irreparable injustice, and we hope he will do so once again, ensuring that the courts can carefully review the new protocol before the State moves forward with any executions, said Kelley Henry, another attorney for the prisoners.
Faith leaders and violence prevention advocates joined the prisoners’ attorneys at a press conference today to call on Governor Lee to grant the requested reprieve.
“Governor Lee is a man of deep faith and strong moral character who has recognized the profound flaws in Tennessee’s system of capital punishment,” said Rev. Dr. Kevin Riggs, the pastor of Franklin Community Church. “I believe by granting a reprieve to these men, the governor will ‘act justly’ and ‘love mercy,’ just as the Bible teaches us all to do.”
Following TDOC’s announcement of its new protocol, the prisoners filed a complaint in Davidson County Chancery Court raising significant constitutional challenges. The March 1, 2026 trial date in that case was set, in part, based on representations by the State of Tennessee that it could not be ready for trial earlier. “The State agrees with us that the case simply cannot be tried before January 2026,” the letter explains. (p. 9)
In addition to concerns about the new protocol’s constitutionality, recent news reports revealed that Tennessee has spent more than $600,000 on execution drugs in recent years, the majority of which appears to be for pentobarbital to carry out the newly scheduled executions.
“It’s shocking that Tennessee is dumping thousands of taxpayer dollars into execution drugs, money that could be used to actually help survivors of violent crime,” said Rafiah Muhammad-McCormick, a violence-prevention advocate who spoke at today’s press conference and whose son was shot and killed at a pool party in 2020.
“There are so many survivors who need support in our state,” said Muhammad-McCormick. “Half a million dollars would go an incredibly long way to delivering that support, from helping with the immediate costs of dealing with a loved-one’s death to providing long-term, trauma-informed services to help rebuild our lives after a devastating loss. Executions don’t fill those needs.”
Under Tennessee law, the Chancery Court lacks the power to issue a stay of execution to ensure the plaintiffs are not executed while their case is pending. Governor Lee, however, does have the power to issue a reprieve.
“Governor Lee has shown leadership and moral clarity in preventing Tennessee from carrying out unconstitutional executions. He should do so again in order to allow the courts to review the new protocol,” said Rev. Stacy Rector, Executive Director of Tennesseans for Alternatives to the Death Penalty who spoke at today’s press conference.
