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

[GulfCoastKAT]

I'm scared to look up Florida's definition of capital sexual battery.

Poor Cherish. She must have felt so much fear & pain. I wish we could turn back time & go to the Walmart & rescue her. ;-(

It's sexual assault/battery. The capital crime is that the victim is under 12 years old.

 

[bessie]

I'm just sick after reading the three counts of the indictment. He never should have had the opportunity to lay a hand on Cherish or any other victim.

 

[AngelWings444]

This is listing
http://jacksonville.craigslist.org/bab/3897162028.html

Has anyone checked out this listing? It's the same picture that is used in the news article about the killer being indicted for 1st degree and DP. I must be missing something.

 

[momrids6]

Has anyone checked out this listing? It's the same picture that is used in the news article about the killer being indicted for 1st degree and DP. I must be missing something.

LE stated that the stroller was similar to that one pictured, but not actual stroller. It is believed they probably got the pic off of Craig's List.

 

[AngelWings444]

LE stated that the stroller was similar to that one pictured, but not actual stroller. It is believed they probably got the pic off of Craig's List.

Thank you! I knew that I couldn't be the first one to notice this. You guys are way too good. :floorlaugh:

 

[SouthAussie]

The State Attorney's Office says the murder was premeditated.

"Additionally, the SAO says Smith premeditated the murder."

http://m.wokv.com/news/news/local/state-attorney-seek-death-penalty-cherish-perrywin/nYbwy/

So I looked up Florida's definition of premeditated murder.

“Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.

7.2 MURDER—FIRST DEGREE § 782.04(1)(a), Fla. Stat.

 

[FigTree]

Just removing my own post - got the answer - thanks.

 

[Tonya421]

Where the heck could he have dumped the stroller. It's so big and he had so little time.

I'm still catching up, but wanted to post this while it was still fresh.

Possibility that he could have dropped it off at a Salvation Army, or any other type of store like that. I know our SA and Goodwill have people who will drop off donations after store hours, right in front of the store.
Just throwing that out there....back to more reading.


The only thing I've read so far tonite that has made me a tad bit happy is the news that they're going for the dp

 

[momrids6]

Possibility that he could have dropped it off at a Salvation Army, or any other type of store like that.

There is a Salvation Army Store with a storage container ( open in back) in front of the store in the parking lot for donations- on Lem Turner.

The map below shows where it is between Walmart and the church on Broward Rd.

http://goo.gl/maps/l1pNJ

 

[Magdalyn]

The State Attorney's Office says the murder was premeditated.





So I looked up Florida's definition of premeditated murder.

A far as methods of murders go, strangulation takes a long time. Longer than it took Jodi Arias to kill Travis Alexander, and that wasn't quick, as Juan Martinez emphasized in court.

With strangulation, you have lots of opportunity to change you mind. Here's a quote from one case I found re: premeditation and strangulation.

Handler also testified that it appeared Sharp had struggled with her killer, that there was considerable force applied, and that the strangulation was prolonged.   When strangling pressure is applied, he said, a victim loses consciousness within seconds, and brain tissue starts to die within 6 minutes.   However, pressure must be continuous for at least 8 and possibly 12 minutes or longer after the victim loses consciousness for vital parts of the brain to die.  Sharp's injuries, he said, were consistent with the application of constant pressure to her neck for a period of 10 minutes

http://caselaw.findlaw.com/ks-supreme-court/1374172.html

 

[Magdalyn]

I have a question for the legal experts:

At trail, will the jury be allowed to hear about DS's previous pedophilic related crimes or would that be considered 'prejudicial'?

Also, will they be allowed to know he was out of prison less than a month when this crime occurred?

By now I should know the answer to these questions, but, alas, I do not...

 

[Miss_Diana]

A far as methods of murders go, strangulation takes a long time. Longer than it took Jodi Arias to kill Travis Alexander, and that wasn't quick, as Juan Martinez emphasized in court.

With strangulation, you have lots of opportunity to change you mind. Here's a quote from one case I found re: premeditation and strangulation.

Handler also testified that it appeared Sharp had struggled with her killer, that there was considerable force applied, and that the strangulation was prolonged.   When strangling pressure is applied, he said, a victim loses consciousness within seconds, and brain tissue starts to die within 6 minutes.   However, pressure must be continuous for at least 8 and possibly 12 minutes or longer after the victim loses consciousness for vital parts of the brain to die.  Sharp's injuries, he said, were consistent with the application of constant pressure to her neck for a period of 10 minutes

http://caselaw.findlaw.com/ks-supreme-court/1374172.html

OMG! When I read that, I felt very sick inside, and a rush of heat.

HORRIBLE!!

 

[GulfCoastKAT]

I am taking that she was buried from Rayne's interview. Until she has a different version, that is what I will go on. The more I think about it I don't know that e had planned past making acquaintance (target) and establish trust. I think the fact that Cherish actually was allowed out to his van unchaperoned was just an opportunity he couldn't pass up. Then he was like,now what?
As far as we know all his previous attempts have failed. Walmart is pretty well monitored by security cameras. He would've had a better chance at Dollar General of getting away.
I think the mere fact that his vehicle was seen at the scene where the body was found during daylight hours makes me think he had to create a plan on the fly.
Maybe he stole the shovel, heck he may have gone all the way back to his house, or a friends house to get it.

She could have also just been covered in leaves/plant debris from the wooded area in an attempt to hide her, maybe not buried the way we are thinking.

 

[GulfCoastKAT]

There's a link to the indictment in this article:

http://www.firstcoastnews.com/topst...3/Smith-indicted-for-murder-Cherish-strangled

Also found this article about the judge assigned recusing herself?

http://www.firstcoastnews.com/news/local/story.aspx?storyid=318559

Interesting. I didn't catch that yesterday just the part about the Judge recusing herself from Michael Dunn's case. I wonder why the first judge recused herself? I wonder if she presided over trials for him in the past or has formed an opinion already? Whatever it is, glad she stepped down now do his defense team can't later try to use that on appeal or to try and get a mistrial.

 

[GulfCoastKAT]

Wouldn't the other children also be witnesses to what happened to their sister? And to what their mom did and said?

I doubt that. They are 3 and 5, iirc. I can't recall on the top of my head any criminal case that allowed the testimony of anyone so young.

 

[blue22]

I have a question for the legal experts:

At trail, will the jury be allowed to hear about DS's previous pedophilic related crimes or would that be considered 'prejudicial'?

Also, will they be allowed to know he was out of prison less than a month when this crime occurred?

By now I should know the answer to these questions, but, alas, I do not...

In the video (I think it's on the previous page) the attorney said she couldn't talk about past crimes, because they will be used in trial. I think that capital trials allow more past information (as far as similar crimes) into evidence. I just don't know how much, and I don't think anyone will until a judge rules on that.

 

[Jo in Calif]

I have a question for the legal experts:

At trail, will the jury be allowed to hear about DS's previous pedophilic related crimes or would that be considered 'prejudicial'?

Also, will they be allowed to know he was out of prison less than a month when this crime occurred?

By now I should know the answer to these questions, but, alas, I do not...

Here is the article that says they will be using his past crimes.
http://www.firstcoastnews.com/topst...3/Smith-indicted-for-murder-Cherish-strangled

 

[Gypsy Road]

A far as methods of murders go, strangulation takes a long time. Longer than it took Jodi Arias to kill Travis Alexander, and that wasn't quick, as Juan Martinez emphasized in court.

With strangulation, you have lots of opportunity to change you mind. Here's a quote from one case I found re: premeditation and strangulation.

Handler also testified that it appeared Sharp had struggled with her killer, that there was considerable force applied, and that the strangulation was prolonged.   When strangling pressure is applied, he said, a victim loses consciousness within seconds, and brain tissue starts to die within 6 minutes.   However, pressure must be continuous for at least 8 and possibly 12 minutes or longer after the victim loses consciousness for vital parts of the brain to die.  Sharp's injuries, he said, were consistent with the application of constant pressure to her neck for a period of 10 minutes

http://caselaw.findlaw.com/ks-supreme-court/1374172.html

OMG! After all that little Cherish had to endure....she then had to endure being strangled to death. I didn't realize it could take up to 12 minutes or longer! That just crushes my heart! That poor innocent child!

 

[GulfCoastKAT]

Here is the article that says they will be using his past crimes.
http://www.firstcoastnews.com/topst...3/Smith-indicted-for-murder-Cherish-strangled

The can try but its up yo the judge if She allows it or not...The defense will submit a motion to suppress it claiming it will make the jury prejudicial against thief client. I'll bet money on it.

 

[Magdalyn]

OMG! After all that little Cherish had to endure....she then had to endure being strangled to death. I didn't realize it could take up to 12 minutes or longer! That just crushes my heart! That poor innocent child!

If there's anything good about strangulation (and there isn't anything good, really), it's that she would have lost consciousness fairly quickly.