GUILTY FL - Cherish Perrywinkle, 8, Jacksonville, 21 June 2013 #4 *GRAPHIC CONTENT*

[alexwood]

I believe they waived their right to a closing argument, so it shouldn’t be an appeals issue.

Also forgive me if this has been covered recently, as I can’t remember the specific details of this case after so long. I just watched the testimony of the couple at Walmart in the gold corolla. Has it been established exactly why this bizarre encounter happened? Why DS would say “ We’re getting cheeseburgers” to a random couple in their car? To establish a witness that could say he was possibly intending to take Cherish to the McDonalds after all? But why have witnesses see you driving away with her in the van?

Edit: also using the cross for the defense to ask about them sitting in their car and having their child in the back seat. What did that accomplish?


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I have no idea why she was questioned about where her child was positioned in the car. I would like to know what others think.

 

[battlecry forever]

Do you happen to have a link to the archived trial? I can't find it on the Jax website.

 

[Jax49]

Do you happen to have a link to the archived trial? I can't find it on the Jax website.

Try this:

https://wildabouttrial.com/archives/donald-smith-trial-video-archive/

 

[battlecry forever]

Thank you!

 

[Spellbound]

I, too, noticed his twitching

 

[coeurfragile]

IIRC, the prosecution suggests it was to calm Cherish. DS had told the family his wife would meet them, in a gold car.

Hope I got that right.

Thank you! That makes total sense now.


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[Damarna]

Does DS have some kind of disorder? He seemed to have had a lot of jerky movements when he was anticipating the verdict and after the verdict. Nervous ticks? I also noted that he actually nodded his head in agreement ? a couple of times. Strange pervert (not that I know any perverts myself). Maybe they all have strange ticks/behaviors? Pfttt.

DONALD SMITH TRIAL - VERDICT - #CHERISHPERRYWINKLE

[video=youtube;CbZbY4SKOfQ]https://www.youtube.com/watch?v=CbZbY4SKOfQ[/video]
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I don't think he has a disorder....or one that would trigger the twitching. Thinking it's from pure fear (IMHO rightly so).

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[battlecry forever]

I just started watching the trial archives, and already the defense is pissing me off. Why does it matter if Cherish's mother had her children out late at night, or that they had to be up early in the morning for a flight, or that she stupidly trusted a stranger, or that she was a bad mother? It has nothing to do with the fact that some piece of **** raped and murdered her daughter.

 

[alexwood]

Here's something to look at from the archives of the trial, from Day 2 - Part 3 of the LadyJustice2188 link, which I have posted below.

It happened during Officer Carter's testimony. He's the officer who assisted with the recording device in the jail cell so that conversations between DS and another inmate could be secretly recorded.
Officer Carter is asked to point out DS in the courtroom and describe what he is wearing. He describes DS as being clad in a tannish-colored shirt and a blue and green tie.

DS looks down at his chest and makes an expression as if to say that Carter has it all wrong. You have to watch it to understand.

This particular clip begins at 15:30, so you'll need to scroll it back to that point using this link: https://www.youtube.com/watch?v=Rw_hb_LDx4I&t=1600s

 

[Sheila Terranova]

I just started watching the trial archives, and already the defense is pissing me off. Why does it matter if Cherish's mother had her children out late at night, or that they had to be up early in the morning for a flight, or that she stupidly trusted a stranger, or that she was a bad mother? It has nothing to do with the fact that some piece of **** raped and murdered her daughter.

Thank you for saying that. Unless you have been desperately poor with children you have no idea what mothers suffer trying to provide. How their hopes can outweigh their reason in their desperate financial straits. I feel so sorry for this woman. People who blame her are wrong, she has suffered enough. Did she make a huge mistake? Obviously yes. But she has paid for it worse than any one can begin to imagine. Mothers should be able to clothe and feed their children, and have transportation. It says more about our country's failings than hers, I think. If she had enough money, she would never ever have hoped some stranger was coming to rescue them.

 

[Hraefn]

And that article talks about the fact that DS's prior history of sexual abuse involving children will not be entered into evidence for Cherish's trial. The reason, as the defense attorney explained it, is somewhat baffling:

"'Just because we know there were prior incidents similar to when there were children involved doesn't mean that there's enough of a pattern that this could be used against him,' said defense attorney Gene Nichols."
https://www.news4jax.com/news/local/jacksonville/documents-how-cherishs-body-was-found-how-she-died


So, you can't use a pattern of prior incidents to establish that this is just one more incident that fits that pattern?

I'm glad (and not surprised) that it didn't matter that his past crimes were not admitted into evidence, but IMO the FL Rules of Evidence would have allowed his past sexual crimes to be admitted. The defense attorney seems to be referring to the general standard under Rule 404(1) but the exceptions bolded below seem to fit this case, IMO.

90.404 Character evidence; when admissible.—
(1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion...
...
(2) OTHER CRIMES, WRONGS, OR ACTS.—
(a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.
(b)1. In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.
2. For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.
(c)1. In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.
2. For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
...

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090.html

 

[YESorNO]

Here are the tweets from court today (for anyone who cannot follow the trial thru either streaming or watch on Ytube):
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Law & Crime Network@LawCrimeNetwork
3h3 hours ago
Closing arguments this morning in the #DonaldSmith #CherishPerrywinkle murder trial.

anne schindler@schindy
2h2 hours ago
Jordan Davis’ father Ron is in court today. @FCN2go #DonaldSmith

anne schindler@schindy
2h2 hours ago
Cherish Perrywinkle's mother is not in the courtroom yet but
i just spoke with someone who was with her, says "she's doing alright." She will be in the courtroom if/when we get a verdict. #DonaldSmith @FCN2go

Bridgette Matter@bridgetteANjax
2h2 hours ago
#DonaldSmith is in the courtroom, waiting on Judge Cooper to take the bench. @ActionNewsJax

anne schindler@schindy
2h2 hours ago
Jury enters, several wearing pink and red for #ValentinesDay #donaldsmith @FCN2go

First Coast News@FCN2go
2h2 hours ago
Important to remember: Closing arguments are not evidence. State will open, the defense, then state rebuttal. #DonaldSmith
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[YESorNO]

anne schindler@schindy
2h2 hours ago
Prosecutors begin closing arguments the same way they opened: "Cherish Perrywinkle was 8 years old. .She weighed 67 pounds." #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
2h2 hours ago
Assistant State Attorney Mark Caliel is delivering the closing argument for the state. "#CherishPerrywinkle was 8-years-old and weighed 67 pounds". #DonaldSmith

First Coast News@FCN2go
2h2 hours ago
"He may not look like much of a threat in his shirt and in his tie, but on that night, in comparison to that little girl, he had the strength of a giant," said the State of #DonaldSmith

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecution closing arguments in #DonaldSmith trial: “He made her feel safe with his lies and deception and then he preyed upon her.” @ActionNewsJax #CherishPerrywinkle http://bit.ly/2Bv5QnF

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecution closing arguments in #DonaldSmith trial: “He made her feel safe with his lies and deception and then he preyed upon her.” @ActionNewsJax #CherishPerrywinkle http://bit.ly/2Bv5QnF

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
#DonaldSmith - Prosecution closing: "He strangled her so hard that the blood vessels in her face burst."

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecution closing arguments in #DonaldSmith trial: “That little girl had to endure a nightmare no child should have to endure.” @ActionNewsJax #CherishPerrywinkle http://bit.ly/2Bv5QnF

anne schindler@schindy
2h2 hours ago
"she fought until the last breath left her body ," Prosecutor Mark Calliel says in closing argument @FCN2go #DonaldSmith

Stephanie Brown@SBrownReports
2h2 hours ago
Caliel: In opening, defense accused the state of trying to anger you. If you have anger inside of you, it's not because of what was said, it's because of what you saw and what he (#DonaldSmith) did. #CherishPerrywinkle

First Coast News@FCN2go
2h2 hours ago
Every single juror has their eyes trained on Mark Calliel as he give the State's closing statement #DonaldSmith
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[YESorNO]

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecutor Mark Caliel closing arguments in #DonaldSmith trial: “If you have anger inside of you, it’s not because of what I said or Ms. Nelson said. It’s because of what you saw. It’s because of what he did.” @ActionNewsJax #CherishPerrywinkle http://bit.ly/2Bv5QnF

Stephanie Brown@SBrownReports
2h2 hours ago
Caliel: Your verdict in this case should be based on a legal analysis of the facts. Speak to what the truth is about what happened to #CherishPerrywinkle. Reason should guide your deliberations #DonaldSmith

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecutor Mark Caliel reminds jurors #DonaldSmith asked Dollar General assistant manager if they sold adult magazines, then “loitered” because he saw #CherishPerrywinkle and family. @ActionNewsJax http://bit.ly/2Bv5QnF

First Coast News@FCN2go
2h2 hours ago
"...he waits 4 minutes and 20 seconds. And he waits for them to walk out." said Calliel about how #DonaldSmith preyed upon the Perrywinkle family.

anne schindler@schindy
2h2 hours ago
"he wasn’t there to shop" Calliel tells jurors about #DonaldSmith at the Dollar General. "He waits 4 minutes and 20 seconds .. he waits for them to walk out. And then he pounces." @FCN2go

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecutor Mark Caliel: “Sometimes in this world, we like to think that there is goodness in man. And that day, Rayne Perrywinkle hoped that his intentions were true and pure.” #DonaldSmith #CherishPerrywinkle @ActionNewsJax

anne schindler@schindy
2h2 hours ago
"to all appearances he looks like a harmless old man. little did she know what lurked beneath the surface." #DonaldSmith @FCN2go

Jenna Bourne@jennaANjax
2h2 hours ago
Prosecutor Mark Caliel: “He saw that she was down on her luck and money was tight… She’s debating whether to buy or not buy a $7 dress at Dollar General.” #DonaldSmith #CherishPerrywinkle @ActionNewsJax Watch live: http://bit.ly/2Bv5QnF

Jenese Harris@WJXTJenese
2h2 hours ago
#DonaldSmith State says "He (Donald Smith) stands by in Walmart for hours, looking, watching..." @wjxt4
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[YESorNO]

Bridgette Matter@bridgetteANjax
2h2 hours ago
Caliel looks straight at #DonaldSmith in his closing. @ActionNewsJax

First Coast News@FCN2go
2h2 hours ago
“The only thing he picked up, the only thing he placed in that shopping cart: rope. We know the intent behind that because we’ve seen what happened afterward.”
#DonaldSmith

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
State attorney Mark Caliel with closing arguments in #DonaldSmith. "To the untrained eye he looks like Uncle Joe......"

Stephanie Brown@SBrownReports
2h2 hours ago
Caliel: "Cheeseburgers. That's the last word that Rayne Perrywinkle got to say to her little girl." #CherishPerrywinkle #DonaldSmith

First Coast News@FCN2go
2h2 hours ago
“You heard from heroes on that witness stand because when he placed that body in that river he did not want that body to be found. He didn’t want you to see what he did." #DonaldSmith

anne schindler@schindy
2h2 hours ago
“I submit to you ladies and gentlemen, you’ve heard from heroes on that witness stand,” Calliel says, citing JSO detectives Hinson and Wilke and these three civilians who called 911 #DonaldSmith @Fcn2go

Meilin Tompkins@MeilinTompkins
2h2 hours ago
"When he (the officer) patted him down, he felt the defendant soaking wet and yelled 'HES IN THE WATER'" #DonaldSmith

First Coast News@FCN2go
1h1 hour ago
“When those swabs were tested for DNA she found and EXACT match to Donald Smith of what he left behind…” said Prosecutor Calliel. #DonaldSmith

Eileen Kelley‏ @reporterkell
2h2 hours ago
"He selected her. He lured her away from her family and safety. He made her feel safe b y his lies and deception and then he preyed upon her," Caliel said. "...That little girl had to endure a nightmare that no child should endure. She was gagged so forcefully her gums bled."

Stephanie Brown@SBrownReports
2h2 hours ago
Caliel on DNA testing: "An exact match around her (#CherishPerrywinkle's) neck, where he (#DonaldSmith) strangled her to death. His DNA, nobody else's".

Eileen Kelley@reporterkell
2h2 hours ago
"He raped her. He silenced her. He tore her apart," Mark Caliel, Assistant State Attorney. #DonaldSmith faces death for kidnapping, raping and killing Cherish Perrywinkle.
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[YESorNO]

Bridgette Matter@bridgetteANjax
2h2 hours ago
Caliel playing #DonaldSmith recording again for jury. @ActionNewsJax

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
Prosecutor points to #DonaldSmith, "The true killer of #CherishPerrywinkle sits across the courtroom from you right now."

Eileen Kelley@reporterkell
2h2 hours ago
The jury in #DonaldSmith just heard the secret recording where Smith says as a group of school girls are being led through the jail:"That's right up my ally. That's my target area. That's what I go after."

Meilin Tompkins@MeilinTompkins
2h2 hours ago
"He drives up with her in the van and engages with two strangers... why would he introduce two more witnesses in this case? 'We're going for cheeseburgers' he says." #DonaldSmith

Stephanie Brown@SBrownReports
2h2 hours ago
Caliel gives more context to why they believe #DonaldSmith stopped and spoke with a random couple in Walmart parking lot- told them they were getting cheeseburgers, they were in a gold car, which he said his wife would be in #CherishPerrywinkle

Meilin Tompkins@MeilinTompkins
2h2 hours ago
"Cherish probably got a little antsy leaving her mom... he engages these two strangers to calm her down." #DonaldSmith

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
#DonaldSmith - Prosecution closing: "He hid her. He gagged her and he had his way with her."

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"He pulls out of the Walmart parking lot, makes a turn... and she was gone." #DonaldSmith

Jenese Harris@WJXTJenese
3h3 hours ago
#donaldsmith @SAO4Florida says, “the police were looking for her since 11:19 pm.” ... “he hid her.” @wjxt4

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"And that ladies and gentlemen is kidnapping... without a doubt." #DonaldSmith

Eileen Kelley@reporterkell
3h3 hours ago
With that Caliel said," The arrogance. The hubris two years later when he was describing an 8 year old girls anatomy." #DonaldSmith

anne schindler@schindy
3h3 hours ago
A couple jurors really look angry at #DonalSmith. One male juror who previously got upset during jury selection seems like he's fighting for composure. #DonaldSmith @FCN2go
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[YESorNO]

Jenese Harris@WJXTJenese
3h3 hours ago
#Donaldsmith @SAO4Florida is reviewing the evidence while connecting it to each crime Smith has been accused of. @wjxt4

Meilin Tompkins@MeilinTompkins
3h3 hours ago
The State must prove:
1.Cherish Perrywinkle is dead
2.Smith caused the death
3. He is in fact the person who killed Cherish Perrywinkle.
"He is the person who took her life. He is guilty of felony murder in the first degree." -State #DonaldSmith

First Coast News@FCN2go
3h3 hours ago
"Those images will forever be a part of you. They will forever be a part of your memory, burned into your memory. So I am not going to ask you to look at those again.” Calliel said of the autopsy and crime scene images of Cherish. #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
State: "These photos will forever be a part of you.... burned in your memory. I wont ask you to look at those again." #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"I want you to just sit here and quietly reflect." #DonaldSmith

Cathy Russon@cathyrusson
3h3 hours ago
#DonaldSmith - The prosecutor asks for jurors to remember the facts for the next 3 minutes. The minimum time the medical examiner said it took to strangle #CherishPerrywinkle to death.

Bridgette Matter@bridgetteANjax
3h3 hours ago
Caliel "I suspect you never have to look at these photographs again... those images will forever be a part of you. They will forever be a part of your memory burned in your memory. " @ActionNewsJax #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Caliel is asking the jury to "sit and quietly reflect" for three minutes. Walking and occasionally mentioning things he wants the jury to think about #CherishPerrywinkle #DonaldSmith

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[YESorNO]

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"I want you to remember how he waited for them outside the Family Dollar... Remember how he faked his sincerity his generosity to fool them into trusting him" #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"I want you to remember that little girl walking happily with him to the front of the store... standing in front of McDonald's with the hopes of a cheeseburger." #DonaldSmith

Jenese Harris@WJXTJenese
3h3 hours ago
#donaldsmith @SAO4Florida 3 minutes... that’s how long at a minimum to take her life, while she fought, while she bled... @wjxt4

First Coast News@FCN2go
3h3 hours ago
“He silenced her and then he took her and then he dumped her in that water. If that’s not premeditated murder then I don’t know what is.” #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"I want you to remember what he did to her... how he strangled the life from her eyes... three minutes that's how long it took to take her life." #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Caliel: Three minutes... "that's how long it took, at a minimum, to take her life while she fought, while she bled, while every last breath left her body" #CherishPerrywinkle #DonaldSmith

Jen's Trial Diaries@TrialDiariesJ
3h3 hours ago
Powerful closing by state..wow #donaldsmith #CherishPerryWinkle

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"Even in death, through the evidence left behind, Cherish has voice. And from the grave she is crying out to you. 'Donald Smith raped me' Donald Smith sodomized me. Donald Smith strangled me until every last breath left my body'"

Jenese Harris@WJXTJenese
3h3 hours ago
#donaldsmith @SAO4Florida From the grave she is crying out to you Donald Smith raped me (holds up her dress)...@wjxt4

Meilin Tompkins@MeilinTompkins
3h3 hours ago
"In the final moments of her life, this defendant, took everything from Cherish that was innocent and pure... and then he took her life." #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Caliel: "It's time to hold him (#DonaldSmith) accountable for what he did" #CherishPerrywinkle
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - The defense will give NO closing argument. Closings are now over.

Stephanie Brown@SBrownReports
3h3 hours ago
Defense has waived its closing argument, State has nothing further #CherishPerrywinkle #DonaldSmith

Cathy Russon@cathyrusson
3h3 hours ago
#DonaldSmith - The defense rarely cross examined witnesses, they put on no witnesses of their own and they waived their closing argument.

Stephanie Brown@SBrownReports
3h3 hours ago
The judge is now preparing to instruct the jury #DonaldSmith #CherishPerrywinkle

Cassandra Centeno, Esq.@IamCassandraEsq
3h3 hours ago
That was #DonaldSmith decision to waive closing - NOT his legal team.
No matter the client:
"A lawyer shall represent a client zealously and diligently…”
#CherishPerrywinkle

First Coast News@FCN2go
3h3 hours ago
#DonaldSmith as the jury is being read their instructions.

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[YESorNO]

Cassandra Centeno, Esq.@IamCassandraEsq
2h2 hours ago
Florida death row inmates are escorted in handcuffs and wear them everywhere except in their cells, exercise yard and shower.
They are in their cells at all times except for medical reasons, exercise, social or legal visits or media interviews.
#DonaldSmith

Stephanie Brown@SBrownReports
2h2 hours ago
Jury instructions from the Judge include a reminder to the jury that the defense is not required to present a case, burden of proof is on the state #CherishPerrywinkle #DonaldSmith

Meilin Tompkins@MeilinTompkins
2h2 hours ago
Judge asks for a quick sidebar while reading deliberation instructions to the jury. #DonaldSmith

Meilin Tompkins@MeilinTompkins
2h2 hours ago
Court will take a short recess because the judge made a little error #DonaldSmith

Jenese Harris@WJXTJenese
2h2 hours ago
#DonaldSmith Trial - Here is a list of the charges Donald Smith is facing: 1. 1st degree murder 2. kidnapping of a child 3. sexual battery with defendant over 18 and victim under 12. @wjxt4

Meilin Tompkins@MeilinTompkins
2h2 hours ago
Court is back in session -- judge will start over on rules for deliberations. #DonaldSmith

anne schindler@schindy
2h2 hours ago
"The verdict must be unanimous," the judge tells jurors. "The verdict must be in writing." #DonaldSmith @FCN2go

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