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

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Niner said:
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.
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"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."

I cannot even imagine why they think those photos should not have been shown.
They show exactly what happened to this beautiful young child. :(
They are not prejudicial (if that is what they are going to claim).
This appeal is a worthless waste of the court's time and taxpayers money.
 
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@BUF - I searched but only getting articles from 12/7/2020 over here. Was wondering if you could find if the appeal was denied or not? It has been over a month.

Or anyone else in the U.S.! :)

TIA!
animated-smileys-waving-011.gif
 
I don't know how I missed this good video summary from a local Jacksonville journalist who has followed this case for many years. Here's her summary of Smith's history as a sexual predator and some of the shortfalls of the courts and penal system that released him out to re-offend and eventually murder. From January 2020.
 
JaxFlaGal said:
I don't know how I missed this good video summary from a local Jacksonville journalist who has followed this case for many years. Here's her summary of Smith's history as a sexual predator and some of the shortfalls of the courts and penal system that released him out to re-offend and eventually murder. From January 2020.
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This is the absolute stuff nightmares are made of. When will we begin to consider sexual assault of females as something that deserves harsh punishment and long term consequences? This is a tale as old as time. Repeat. Release. Repeat. Release. Repeat. Release. Kill. Oh my! Shocker!
 
Smith's appeal was resoundingly rejected by the Florida Supreme Court on 4/22. Donald Smith’s appeal rejected in murder of 8-year-old Cherish Perrywinkle
Their opinion stated: “Smith has advanced no specific allegations of prejudice, and there is no evidence that the media exposure actually tainted Smith’s trial. … For one thing, the evidence of guilt is overwhelming,” the Supreme Court ruling said. “The jury in this case saw Cherish’s autopsy photos, learned that Smith’s DNA was on and in Cherish’s body, watched surveillance footage of Smith leading Cherish to his car, heard witness testimony about his van’s location, and listened to Rayne Perrywinkle’s (Cherish Perrywinkle’s mother) 911 call. A jury anywhere in the state would have given great weight to this evidence.”
Full ruling from the State Supreme Court site: https://efactssc-public.flcourts.org/casedocuments/2018/822/2018-822_disposition_152465_d05.pdf

Another quote from the Court's conclusion (last sentence bolded by me): "Smith’s DNA was found in and on Cherish’s body, he was caught on several different surveillance cameras leading Cherish to his car, multiple witnesses spotted his van by the water in which Cherish’s body was found, and his pants were soaking wet as he was arrested. It is the evidence in this case, not error, that is cumulative."
 
JaxFlaGal said:
Smith's appeal was resoundingly rejected by the Florida Supreme Court on 4/22. Donald Smith’s appeal rejected in murder of 8-year-old Cherish Perrywinkle
Their opinion stated: “Smith has advanced no specific allegations of prejudice, and there is no evidence that the media exposure actually tainted Smith’s trial. … For one thing, the evidence of guilt is overwhelming,” the Supreme Court ruling said. “The jury in this case saw Cherish’s autopsy photos, learned that Smith’s DNA was on and in Cherish’s body, watched surveillance footage of Smith leading Cherish to his car, heard witness testimony about his van’s location, and listened to Rayne Perrywinkle’s (Cherish Perrywinkle’s mother) 911 call. A jury anywhere in the state would have given great weight to this evidence.”
Full ruling from the State Supreme Court site: https://efactssc-public.flcourts.org/casedocuments/2018/822/2018-822_disposition_152465_d05.pdf

Another quote from the Court's conclusion (last sentence bolded by me): "Smith’s DNA was found in and on Cherish’s body, he was caught on several different surveillance cameras leading Cherish to his car, multiple witnesses spotted his van by the water in which Cherish’s body was found, and his pants were soaking wet as he was arrested. It is the evidence in this case, not error, that is cumulative."
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Thank you! So glad it wasn’t entertained.
 
JerseyGirl said:
www.firstcoastnews.com

Convicted killer seeks new trial for rape, murder of 8-year-old Cherish Perrywinkle

New motion in Donald Smith case cites 12 reasons his 2018 death sentence should be vacated.
www.firstcoastnews.com www.firstcoastnews.com

The state has not yet responded to Smith's motion and has asked for an extension of time to respond. Smith is due back in court June 5.
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Unfortunately, I can not access this article link. Does it give the 12 reasons? And what is the date of the article or his new motion that was filed?

TIA! :)
 
@PayrollNerd - was wondering if you can access the Supreme court site?

Duval County #16-2013-CF-005781-AXXX-MA /Appeal #SC18-822 Look under Supreme Court

I used to be able to but it looks like it won't let me in...

Just wondering if there might be updates on his new motions, etc. TIA! :)
 
Niner said:
Unfortunately, I can not access this article link. Does it give the 12 reasons? And what is the date of the article or his new motion that was filed?

TIA! :)
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Article dated April 10, 2023
It doesn’t say much.


Names three of the 12 ‘reasons.’
Allegedly, a juror was biased.
“Comments made by prosecution.”
A psychologist called by the defense said that he was the ‘most dangerous sex offender’ she’d ever evaluated.

I’ll admit that I’m not sure what the defense attorney was thinking, but the facts in the case speak for themselves.

Sounds as though the motion is new—prosecution hasn’t replied yet.
 
wary said:
Article dated April 10, 2023
It doesn’t say much.


Names three of the 12 ‘reasons.’
Allegedly, a juror was biased.
“Comments made by prosecution.”
A psychologist called by the defense said that he was the ‘most dangerous sex offender’ she’d ever evaluated.

I’ll admit that I’m not sure what the defense attorney was thinking, but the facts in the case speak for themselves.

Sounds as though the motion is new—prosecution hasn’t replied yet.
Click to expand...

Thank you! :)
 
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