Tennessee Gov. Bill Lee denied a man’s request for clemency for the 1989 murder of his estranged wife and her sons. The governor declined to intervene in Oscar Smith’s case on Tuesday, paving the way for his execution as the state’s first victim of the Covid-19 pandemic.

“The State of Tennessee’s sentence will stand, and I will not intervene,” Lee said in a one-line statement announcing his decision. It also denied Smith’s motions to reopen his case and have DNA evidence reviewed. It refused to hear his appeal Monday.

“Mr. Smith has been innocent for over thirty years. In this case, new cutting-edge DNA evidence disproves Mr. Smith’s claim “Amy Harwell, Smith’s lawyer, told CNN on Tuesday. “The state has erected an impenetrable barrier to Mr. Smith’s innocence. In these circumstances, the Governor’s denial of clemency is disappointing.”