GUILTY *DEATH PENALTY* FL - Cherish Perrywinkle, 8, abducted and killed, Jacksonville, June 2013 *GRAPHIC* #6

[YESorNO]

Judge sentences Cherish Perrywinkle's killer to death (with clip)

"ACKSONVILLE, Fla. - Nearly five years after Cherish Perrywinkle’s tortured body was found discarded in the woods behind a Jacksonville church, a judge ruled Wednesday that the man who kidnapped, raped and strangled her should pay for his crimes with his life.

Circuit Judge Mallory Cooper, who delayed her retirement to see the case through, sentenced Donald Smith to death for the 8-year-old girl’s murder in a widely anticipated ruling that upheld the unanimous recommendation from a jury.

"You have not only forfeited your right to live among us, but under the laws of the state of Florida, you have forfeited your right to life at all," Cooper said as she handed down the sentence. " … Donald James Smith, may God have mercy on your soul."

Smith, 61, whose defense fought unsuccessfully for a new trial and penalty phase Wednesday, will be transferred at some point to the Department of Corrections where he will be held on death row while awaiting an automatic review of his sentence by the state Supreme Court....

"It is very difficult to ever celebrate a capital sentence," said Caliel. "You are talking about an individual, no matter what he has done."

The outcome also came as a relief to juror Paul Hinson, who was glad Cooper sided with the jury's recommendation. He said he showed up to court to see how it turned out in person.

"If there were any technicalities, we wanted to hear it firsthand," Hinson said.

Despite Wednesday's ruling, the case is far from over because Smith is eligible for appeals down the road. That doesn't faze Caliel, who said prosecutors plan to go the distance.

"We know it will be a long process until we get to finality with the sentence, but we are prepared to go that long road until justice is served for Cherish," he said."

https://www.news4jax.com/news/donal...t-for-cherish-perrywinkle-killer-donald-smith
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[YESorNO]

Rayne Perrywinkle speaks after Cherish Perrywinkle's killer is sentenced to death

[video=youtube;-hhX85iPYC8]https://www.youtube.com/watch?v=-hhX85iPYC8[/video]
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[YESorNO]

Donald Smith Sentenced to Death

"Channel 4's Jenese Harris caught up with one of the jurors in the courthouse after Donald Smith was sentenced to death."

[video=youtube;rWyR6xVYqmA]https://www.youtube.com/watch?v=rWyR6xVYqmA[/video]
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[YESorNO]

Donald Smith sentenced to death by judge

[video=youtube;BVgi6Oss8fg]https://www.youtube.com/watch?v=BVgi6Oss8fg[/video]
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[mpnola]

I don't know who Ms. Moore is, but his VAN???? Who the hell would want that monster machine??? Aw, hayul no!!

Sent from my SM-G900V using Tapatalk

 

[Jax49]

I don't know who Ms. Moore is, but his VAN???? Who the hell would want that monster machine??? Aw, hayul no!!

Sent from my SM-G900V using Tapatalk

His mother is Patricia Moore. I'm not seeing confirmation she is the Ms. Moore, but it seems logical.

moo

 

[gregjrichards]

I just want to thank the jury for their service I am sure what they saw in this trial will be extremely difficult to forget. My thoughts and prayers are with Cherish’s loved ones.

May Cherish Perrywinkle Rest In Peace.

 

[Jax49]

DS is now a resident of Florida State Prison.

​http://www.dc.state.fl.us/activeinmates/detail.asp?Bookmark=2&From=list&SessionID=495861616

RIP Sweet Cherish

 

[Jax49]

CHERISH'S KILLER: Donald Smith speaks about kidnapping, rape, murder of 8-year-old Jacksonville girl

CHERISH'S KILLER: Donald Smith speaks about kidnapping, rape, murder of 8-year-old Jacksonville girl
In secret jailhouse videos, Donald Smith blames 8-year-old Cherish Perrywinkle for her murder, schemes with his mother to fake a mental illness and gloats about his rank among the world’s most notorious criminals.

bbm

 

[Bravo]

Just when I think this vile predator cant get any worse. He does. I hope his remaining days are he77 and filled with fear.

 

[Jax49]

Just when I think this vile predator cant get any worse. He does. I hope his remaining days are he77 and filled with fear.

I wasn't able to listen or even read most of article; just couldn't do it. Remembering how many tears we shared during the trial brought it back. I also hope his days are a living hell.

 

[Bravo]

I wasn't able to listen or even read most of article; just couldn't do it. Remembering how many tears we shared during the trial brought it back. I also hope his days are a living hell.

It was such a brutal Trial. Glad so many of us were here to support each other. Yes this is one that sticks. Whatever way this man could suffer I would not blink an eye.

 

[ThatGeminiGuy]

Watching that video where he blamed Cherish makes me wish he would have gotten life in prison so that he would have been put in general population.

 

[oviedo]

Cherish Perrywinkle: Florida Supreme Court takes up appeal for killer who took little girl from store, raped & murdered her
Snipped
by Leigh Egan
December 7, 2020

The Florida Supreme Court is scheduled to hear arguments this week about whether a killer sentenced to death for the 2013 murder of 8-year-old Cherish Perrywinkle should receive a new trial.

According to a brief filed in the case, the attorney for convicted killer Donald Smith argued that his trial should not have been held in Duval County due to the case’s high publicity and media interest that remained “omnipresent through the years.”

“Specifically, the pretrial publicity was so expansive that it saturated the community for years, provided a one-sided and continuous narrative leading to one conclusion at trial, Mr. Smith’s inevitable conviction, and death sentence,” the brief said.

 

[SouthAussie]

Cherish Perrywinkle: Florida Supreme Court takes up appeal for killer who took little girl from store, raped & murdered her
Snipped
by Leigh Egan
December 7, 2020

The Florida Supreme Court is scheduled to hear arguments this week about whether a killer sentenced to death for the 2013 murder of 8-year-old Cherish Perrywinkle should receive a new trial.

According to a brief filed in the case, the attorney for convicted killer Donald Smith argued that his trial should not have been held in Duval County due to the case’s high publicity and media interest that remained “omnipresent through the years.”

“Specifically, the pretrial publicity was so expansive that it saturated the community for years, provided a one-sided and continuous narrative leading to one conclusion at trial, Mr. Smith’s inevitable conviction, and death sentence,” the brief said.

"provided a one-sided and continuous narrative leading to one conclusion at trial"

Oh, there is another side, is there? All I can see is Cherish's side ... pretty sure that is the only side there is.

 

[Niner]

Hearing is tomorrow, 12/9/20.

Florida Supreme Court takes up appeal in Cherish Perrywinkle murder case

 

[alexwood]

Even if he gets a new trial, the outcome will be exactly the same. You can't change guilty beyond any doubt whatsoever. In a way, it would be better if he was found guilty of a lesser murder charge. That way he would be put into the general population. That's where he will receive true justice.

 

[Niner]

Wednesday, Dec. 9th:
*Appeal Hearing (@ am ET) - FL - Cherish Perrywinkle (8) (June 21, 2013) - Donald James Smith (56 @ time of crime/now 64) – indicted(6/21/13) and found guilty (8/13/18) (juror took only 12 minutes) of 1st degree murder, kidnapping & rape. Jurors unanimously recommended death penalty.
8/13/18 Update: On the day before Smith was to be sentenced in the 2013 kidnap, rape & murder of 8-year-old Cherish, his lawyers filed a motion seeking a new penalty phase. Count 3 - Life in Prison; Count 2 - Life in Prison; Count 1 – Death
8/31/28: Record on Appeal e-filed to Supreme Court (9/19/18). 9/20/18: Supreme Court order granting withdrawal of appellate counsel from the 2nd Judicial Circuit & temporarily relinquish jurisdiction to the 4th Judicial Circuit in Duval County, FL. 11/14/18: Order appointing conflict-free appellate counsel; Supreme Court order granting unopposed motion to withdraw & relinquishing jurisdiction to circuit court to appoint counsel to represent appellant. 1/28/20: Supreme Court order granting appellant's motion to supplement the record; Supreme Court order granting appellant's motion for extension of time. Supplemental record of appeal; record on appeal e-filed to Supreme Court.
12/8/20 Update: The Florida Supreme Court is scheduled to hear arguments this week about whether a killer sentenced to death for the 2013 murder of 8-year-old Cherish should receive a new trial. According to a brief filed in the case, the attorney for convicted killer Smith argued that his trial should not have been held in Duval County due to the case’s high publicity & media interest that remained “omnipresent through the years.” Senior Assistant Attorney General Charmaine Millsaps stated that Smith’s trial didn’t start until four years after the murder. She also added that the defense never passed the legal tests to change the venue. Smith’s attorney argued that autopsy photos of the 8-year-old girl should have never been shown during the trial, which at one point, made a chief medical examiner cry during her testimony. “These photographs depicted a naked child with severe injuries to her vagina & anus, as well as skin removed from the front of her throat to show deep bruising around the trachea. The probative value was substantially outweighed by the prejudicial effect because, to show these images to the jury, would ‘shock’ them and ‘inflame their passions.’” The Supreme Court will hear arguments Wednesday, 12/9/20 in an appeal by Smith.

 

[BUF]

An immediate ruling is not expected. Even if it’s denied, the appeals process in the case of Perrywinkle’s killer could easily take another 10 years to complete -- possibly by what would have been her 26 birthday.
Cherish Perrywinkle: Donald James Smith appeals death sentence



There isn’t a time when I look at a Walmart that I don’t remember that cctv footage of him pinned to Cherish, then watching her walk out with him where that disgusting nightmare started and what he did to that beautiful young girl.

 

[tlcya]

oh my word, just saw this news, I am late to the game. Some snips from the article that informed me of this new appeal.

“The pretrial publicity overwhelmed the case and it skewed it against Mr. Smith,” Richard Kuritz, Smith’s court-appointed attorney, told Oxygen.com.

“He did not get a fair trial because the jury makeup was already tainted by all of the media coverage,” Kuritz added.

“It just doesn’t happen in my circuit,” Kuritz said. “If you file a motion for change of venue, it just does not happen.”

Prosecutors, however, insisted that Smith’s lawyers didn’t meet the legal tests for a change of venue.

“There was over four years between this crime and jury selection,” State Attorney Charmaine Millsaps wrote in a separate court briefing. “Furthermore, Duval County is a large diverse county with hundreds of thousands of eligible jurors of which it is difficult to believe that 12 unbiased jurors, uninfluenced by the publicity and indifferent to, or even totally unaware of, social media posts, could not be found.”

‘He Did Not Have A Fair Shot": Death Row Child Killer’s Lawyer Says Publicity ‘Tainted’ 2013 Trial