GUILTY FL - Cherish Perrywinkle, 8, Jacksonville, 21 June 2013 #3

[Kell1]

I agree completely, however I feel permanent incarceration is the only truly safe option, ( I mean aside from putting them to death but hey we wont go there) as the jury is still out on the effectiveness of chemical castration.

 

[0101ABA]

As Donald Smith awaits trial on charges that he kidnapped, raped and murdered 8-year-old Cherish Perrywinkle in June 2013, News4Jax has obtained 72 hours of recordings of secret jailhouse conversations of Smith and another defendant who was awaiting prosecution for murder and is now on death row.

In all, police recorded more than 74 hours of conversations and noises using a hidden microphone placed in the utility space between the isolation cells of Smith and Randall Deviney in the Duval County Jail.

(..)

News4Jax has listened to the audio and found one conversation in which inmates were talking about how girls as young as 12, are dressing up to look like grown women. (Warning: The conversations contain graphic language)

Much more at the link:
http://www.news4jax.com/news/jail-recordings-of-cherish-perrywinkles-accused-killer-released

 

[0101ABA]

Donald Smith filed a new motion Friday to prevent him from getting the death penalty under the new sentencing statute.

In the motion, he argues the court can not apply a new criminal statute retroactively. He argues the court must apply the law in effect at the time of the crime, which was in 2013.

http://www.news4jax.com/news/new-motion-filed-by-donald-smith

 

[pukasonqo2]

http://www.news4jax.com/news/new-motion-filed-by-donald-smith

pity he didn't respect cherish's own rights to live when he chose to kill her
not a death penalty supporter but people like DS make me question my own judgement...
i would rather see him in general population trying each day to survive as best as he can

 

[kimi_SFC]

pity he didn't respect cherish's own rights to live when he chose to kill her
not a death penalty supporter but people like DS make me question my own judgement...
i would rather see him in general population trying each day to survive as best as he can

Precisely!


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[strawberry]

Watching this on Nancy Grace..has a trial date been set?


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[0101ABA]

Watching this on Nancy Grace..has a trial date been set?

Donald Smith had been slated to go to trial starting April 4th of this year, but obviously that has been delayed. No new trial date has been set, at least that I can find.

Attorneys for Donald Smith have filed another motion in an effort to block prosecutors from seeking the death penalty if he's convicted in the murder of 8-year-old Cherish Perrywinkle.

The new motion asks the trial judge to declare the state's death penalty law unconstitutional, claiming it violates the 5th, 6th, 8th and 14th amendments of the U.S. Constitution.

(...)

Smith’s next court date is May 26.

http://www.news4jax.com/news/crime/...iles-motion-to-remove-death-penalty-from-case

 

[0101ABA]

Attorneys for Donald Smith have filed another motion in an effort to block prosecutors from seeking the death penalty if he's convicted in the murder of 8-year-old Cherish Perrywinkle.

The new motion contends the State Attorney's Office did not file the notice of intent to seek the death penalty within 45 days of Smith's arraignment, as it is required to do.

Two weeks ago, Smith's lawyers filed a motion arguing that Florida's death penalty law is unconstitutional. The judge has not yet ruled on the motion.

http://www.news4jax.com/news/crime/...les-motion-to-remove-death-penalty-from-case_

Donald Smith is due back in court this Thursday.

 

[pukasonqo2]

wow, he is really grasping to any possibility not to be on death row
general population sounds like a great option
whatever happens to him, he brought it on himself, he had a choice, cherish didn't


Lupus est *advertiser censored* homini, non *advertiser censored*, quom qualis sit non novit

 

[OkieGranny]

http://jacksonville.com/news/crime/...tion-rape-and-murder-cherish-perrywinkle-set#

Donald James Smith was arrested in the abduction, rape and death of 8-year-old Cherish Perrywinkle in June 2013.

Thursday it was decided he will not be going to trial in Jacksonville until Jan. 17, 2017, 43 months after the crimes occurred.

 

[jpo74]

wth? why so long? :maddening:

 

[0101ABA]

Conversations between inmate Donald Smith and a convicted murderer that were recorded while the two were in adjoining cells in the Duval County jail will be the subject of new motions.

That came out in court Friday morning at a hearing, but the only decision was that Smith’s new attorney, Charles Fletcher, was to be granted access to recording between Smith’s former attorney and the state.

http://www.news4jax.com/news/local/jacksonville/judge-allows-donald-smith-lawyers-to-jailhouse-files

 

[0101ABA]

The defense team for the man accused in the 2013 kidnapping, rape and murder of 8-year-old Cherish Perrywinkle want recordings of jail conversations between Donald Smith and another inmate to be blocked from being used in Smith's trial.

The conversations between Smith and convicted murderer Randall Deviney were recorded while the two were in adjoining cells in the Duval County jail.

Smith’s new attorney, Charles Fletcher, has filed a motion to suppress the recordings, which captured 72 hours of conversations between Smith and Deviney, claiming that they were obtained unlawfully, without a warrant.

At a hearing before Judge Mallory Cooper on the motion Thursday, State Attorney investigator Robert Henson testified that he received information that a confidential informant wanted to provide information about Donald Smith.

http://www.news4jax.com/news/local/jacksonville/donald-smiths-lawyer-wants-jail-recordings-blocked

Motion to suppress

 

[keyleigh]

Pure evil. Just put him in gen pop and be done with him. He's not worth the money a DP trial would take.

 

[cvaldez1975]

^agree. let him get his own justice.

 

[Paulas88]

If you peeled his skin off, you'd see maggots. He's beyond vile.

 

[tlcya]

The motion confuses me. I followed Casey Anthony but cannot recall if the jailhouse recordings of her phone calls with family was supported by a warrant. JMOPO - When in jail there is no expectation of privacy except as pertains to communications with your attorney.

 

[2Hope4]

Why is DS still alive??? Be done with him already! Ugh!

 

[modesty blaise]

Justice delayed is justice denied this is unacceptable.

 

[byo]

For easy reference, this information is from the article linked above:

"Cooper set an Oct. 6 status hearing for Smith's case

and said the court will have an order before that on whether the recordings will be allowed at trial."