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

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https://www.news4jax.com/news/donal...kidnapping-rape-murder-of-cherish-perrywinkle

"Perrywinkle was not alone in court Wednesday as the verdict was read. She was surrounded by friends and victim advocates, including Ron Davis, whose son, Jordan Davis, was murdered in another high-profile Jacksonville case.

Ron Davis said he sat in the same courtroom to hear that his son's killer was guilty. He said that his son's case was different from Cherish's, but that he and Perrywinkle share the pain of losing a child to murder."

It must have been heart wrenching for RD to be in the same courtroom. moo
 
https://www.news4jax.com/news/donal...kidnapping-rape-murder-of-cherish-perrywinkle

"Perrywinkle was not alone in court Wednesday as the verdict was read. She was surrounded by friends and victim advocates, including Ron Davis, whose son, Jordan Davis, was murdered in another high-profile Jacksonville case.

Ron Davis said he sat in the same courtroom to hear that his son's killer was guilty. He said that his son's case was different from Cherish's, but that he and Perrywinkle share the pain of losing a child to murder."

It must have been heart wrenching for RD to be in the same courtroom. moo

Michael Dunn deserves the DP.
 
Using lies and deception, Donald Smith earned Rayne Perrywinkle's trust, and convinced her that he was sincere and wanted only to help her buy things for her children that day.

1. Outside the Dollar General store ("DG"), Donald Smith ("DS") sympathized with Rayne Perrywinkle ("RP") by commenting that she looked like she had her hands full. Then he said: "I have a couple of little ones." [I listened closely to her testimony -- he was definitely speaking of himself -- not alluding to RP's two younger daughters, by his remark.]

2. Before he approached RP with an offer to purchase a little dress at DG for Cherish, he elicited the opinion of the store's assistant manager. He specifically asked him whether he'd be out of line offering to make the purchase for her. The manager testified that he told DS it was not in his job description to give such advice. Nonetheless, DS put on his "big boy pants" and went ahead and made his offer. He told RP that if she really wanted the dress (at Dollar General), for Cherish that she couldn't afford, he would get it for her. She declined. Then, he hatched a better plan.

3. He told her that he had a $150 Walmart gift card and could take them all to Walmart, and she could do her shopping there. He further lied to her by saying that his wife had the gift card, and she was on her way to meet him at Dollar General. Hearing that he was married, and, better yet, that his wife was enroute, made RP feel more at ease. So, they stood in the parking lot of DG, chatting as they waited for his fictitious wife to arrive. When it began to rain, DS sat in his van with the doors open. But he was not really waiting for his "wife." In reality, he was waiting for RP to decide to get into his van with her little girls.

4. He began to get impatient and irritable. He told RP that she didn't have to do this if she didn't want to. Further, he challenged her mistrust by asking her if she wanted to see his driver's license. RP said that this made her feel foolish -- and that she was just being paranoid. Finally, he looked her in the face and told her that she was safe (with him). That is when she decided to put her doubts aside, and agreed to ride to Walmart with him. He told her that his wife would meet them there.

5. As they drove from DG to Walmart, RP peppered him with questions, probably in an effort to further allay her misgivings. DS, in turn, asked questions of her. He wanted to know how old RP and her children were. He volunteered that he was 61 years old. Being that his DOB is September 4, 1956, he would have been only 57 years old in 2013, when he had this conversation with RP. Yet another of his lies -- this one was prompted by his need to make RP believe that he was just an "elderly old Santa Clause-type Good Samaritan." (My Opinion Only) To further convince her that he had a wife, when asked, he said that she was from the Virgin Islands and that she drove a "gold car."

6. When RP asked DS what he did for a living, he claimed that he worked for Habijax. He also spoke about a particular church that he attended, and asked RP if she was familiar with it. So, not only has he represented himself as a trustworthy, benevolent, elderly old Santa Clause, he attends church regularly.

7. As they pulled into the Walmart parking lot and parked, her little girls began to get restless. RP told him that she needed to get out with the girls. DS knew that in order to carry out his plan, a change in strategy was necessary -- ASAP. Otherwise, RP was going to walk away. He extracted his phone from his pocket and pretended to take an incoming call. It appeared to RP that he was speaking to his non-existent wife about what they were going to eat. Chinese food was mentioned by DS, which was not particularly appealing to Rayne, but she said nothing. Nonetheless, the apparent conversation between DS and his "wife" implied that DS would also be buying them all something to eat. He told her to take the girls into Walmart to "the little girls' department" and he would meet her there. Then, he continued to wait for his "wife" to arrive in her "gold car".

8. He rejoied RP and her daughters, a short time later, in the children's clothing department where she had been shopping. He roamed around, lurking mostly, and watching them shop, but spending an inordinate amount of time monitoring Cherish, and he even suggested some inappropriate women's shoes for her. RP rejected the shoes; they were high-heeled women's shoes, not appropriate for an 8-year-old little girl. He led Cherish to the dressing room area a couple of times. He left briefly to shop in another section, and returned with a bundle of rope. This he tossed into RP's cart. All the while, he kept reassuring RP that his wife was coming with the gift card.

9. At about 10:30 p.m., an announcement was made that the store would be closing in 30 minutes. RP continued to shop, but checked first with DS to make sure his offer of the gift card was still good, as it was getting late. Her little girls had not eaten dinner. She wanted to get to the checkout, finalize her purchases with the gift card, and get home.

10. Waiting almost to the 11th hour, DS approached RP and said (with a bizarre gesture -- a puppet-like talking hand -- which RP found very odd) that he was going to a McDonalds inside the store to get something to eat. Cherish ran to her mother's side and told her that he had a $150 gift card. RP asked Cherish if that is what he told her. She said they were going to McDonalds and asked RP what she wanted to eat. Rayne indicated cheeseburgers. As evidenced by the video footage, off DS bolted, towards McDonalds, with Cherish following closely behind. RP said she felt safe in letting Cherish walk to the front of the store with him, where the McDonalds was located, as it was still in her line of sight.

11. Satisfied that the McDonalds was closing (if not yet closed already), DS appeared to speak briefly with Cherish. Here is where he begins to use similar deceptive practices on Cherish. He convinces her that they are just quickly going down the street to another McDonalds --one that is still open -- in his van, and will get cheeseburgers and bring them back for her mother and sisters. This probably seems perfectly logical to Cherish, and she believes that she has her mother's tacit approval. DS swiftly turns on his heel and heads out the front door of Walmart, at a fast clip. Again, Cherish was following closely behind.

12. Before driving out of the Walmart parking lot, DS spies a gold car with a woman at the wheel. He sidles up to it with his van, and, through his window, he shouts to the occupants that they are going to McDonalds for cheeseburgers. This is for Cherish's benefit, to alleviate any doubt she might have about leaving the premises with DS. Cherish knew his "wife" drove a gold car. Here was a woman sitting in a gold car. The driver of the gold car even began following the van because the driver thought her father was a passenger in it. At this point, DS probably could not believe his good fortune.

As we know, Cherish was never seen alive again.

(All of the above is MOO)

Excellent summary and commentary! It fills in a couple of gaps for me and is probably helpful for anyone coming late into little Cherish's case. Thanks!

Seeing a chronological assay of what happened that night paints quite a picture of a vicious sexual predator's MO - be friendly, talk about the kids, buy a "gift" to ingratiate mom (and Cherish), address potential suspicions and objections, give an impression that he's a harmless old man and promise to "help" - in this case with money. Talk about a wolf in sheep's clothing!

Anyway, I have a general question for y'all, one that I couldn't find a current answer for:

Now that Florida requires a unanimous vote by the jury to hand down the death penalty does the automatic appeal/review by Florida's Supreme Court still hold?
 
Excellent summary and commentary! It fills in a couple of gaps for me and is probably helpful for anyone coming late into little Cherish's case. Thanks!

Seeing a chronological assay of what happened that night paints quite a picture of a vicious sexual predator's MO - be friendly, talk about the kids, buy a "gift" to ingratiate mom (and Cherish), address potential suspicions and objections, give an impression that he's a harmless old man and promise to "help" - in this case with money. Talk about a wolf in sheep's clothing!

Anyway, I have a general question for y'all, one that I couldn't find a current answer for:

Now that Florida requires a unanimous vote by the jury to hand down the death penalty does the automatic appeal/review by Florida's Supreme Court still hold?
The "Automatic Appeal" process holds in every state. Some states it is mandatory, and others it is optional by the defendant.
It goes like this:
First is the "Direct Appeal," and in that appeal, only trial issues are heard before a panel of judges which can 1) affirm the conviction and sentence, 2) reverse the conviction. or 3) reverse the death sentence. Either losing side (Prosecution or Defense) can then petition for a "writ of certiorari" with the US Supreme Court, requesting a review.

Second is the "State Post Conviction" which is the second stage of the appellate process, where the defendant can raise issues about the conviction and sentence that are outside of the trial issues. Things like newly discovered evidence, or Brady violations, or juror misconduct or ineffective assistance of counsel. I'd bet my house the latter will apply here, (under the ABA criminal justice standard 4-1.2 section G ) but, imo he had nothing to defend so good luck with that.
The same procedure follows (Defendant can file a writ of certiorari with the Us Supreme Court for review) and if it is is denied, that's it for State Appeals.

Next, is the "Federal Habeas Corpus" which is for the most part, with a few exceptions, the same process but at the federal level and is handled in three stages.
1) Us District court.
2) Us Court Of Appeals.
3) Us Supreme Court.

The last stage is "Exclusive Clemency" where the Governor can either postpone death for further review, or can commute a sentence to life without parole.

Just to add.
After the State Post Conviction is exhausted, the defendant has a certain timeline to file for appeal for the next step. If he/she fails to file within that timeline, the appeals process is over.
 
Using lies and deception, Donald Smith earned Rayne Perrywinkle's trust, and convinced her that he was sincere and wanted only to help her buy things for her children that day.

1. Outside the Dollar General store ("DG"), Donald Smith ("DS") sympathized with Rayne Perrywinkle ("RP") by commenting that she looked like she had her hands full. Then he said: "I have a couple of little ones." [I listened closely to her testimony -- he was definitely speaking of himself -- not alluding to RP's two younger daughters, by his remark.]

2. Before he approached RP with an offer to purchase a little dress at DG for Cherish, he elicited the opinion of the store's assistant manager. He specifically asked him whether he'd be out of line offering to make the purchase for her. The manager testified that he told DS it was not in his job description to give such advice. Nonetheless, DS put on his "big boy pants" and went ahead and made his offer. He told RP that if she really wanted the dress (at Dollar General), for Cherish that she couldn't afford, he would get it for her. She declined. Then, he hatched a better plan.

3. He told her that he had a $150 Walmart gift card and could take them all to Walmart, and she could do her shopping there. He further lied to her by saying that his wife had the gift card, and she was on her way to meet him at Dollar General. Hearing that he was married, and, better yet, that his wife was enroute, made RP feel more at ease. So, they stood in the parking lot of DG, chatting as they waited for his fictitious wife to arrive. When it began to rain, DS sat in his van with the doors open. But he was not really waiting for his "wife." In reality, he was waiting for RP to decide to get into his van with her little girls.

4. He began to get impatient and irritable. He told RP that she didn't have to do this if she didn't want to. Further, he challenged her mistrust by asking her if she wanted to see his driver's license. RP said that this made her feel foolish -- and that she was just being paranoid. Finally, he looked her in the face and told her that she was safe (with him). That is when she decided to put her doubts aside, and agreed to ride to Walmart with him. He told her that his wife would meet them there.

5. As they drove from DG to Walmart, RP peppered him with questions, probably in an effort to further allay her misgivings. DS, in turn, asked questions of her. He wanted to know how old RP and her children were. He volunteered that he was 61 years old. Being that his DOB is September 4, 1956, he would have been only 57 years old in 2013, when he had this conversation with RP. Yet another of his lies -- this one was prompted by his need to make RP believe that he was just an "elderly old Santa Clause-type Good Samaritan." (My Opinion Only) To further convince her that he had a wife, when asked, he said that she was from the Virgin Islands and that she drove a "gold car."

6. When RP asked DS what he did for a living, he claimed that he worked for Habijax. He also spoke about a particular church that he attended, and asked RP if she was familiar with it. So, not only has he represented himself as a trustworthy, benevolent, elderly old Santa Clause, he attends church regularly.

7. As they pulled into the Walmart parking lot and parked, her little girls began to get restless. RP told him that she needed to get out with the girls. DS knew that in order to carry out his plan, a change in strategy was necessary -- ASAP. Otherwise, RP was going to walk away. He extracted his phone from his pocket and pretended to take an incoming call. It appeared to RP that he was speaking to his non-existent wife about what they were going to eat. Chinese food was mentioned by DS, which was not particularly appealing to Rayne, but she said nothing. Nonetheless, the apparent conversation between DS and his "wife" implied that DS would also be buying them all something to eat. He told her to take the girls into Walmart to "the little girls' department" and he would meet her there. Then, he continued to wait for his "wife" to arrive in her "gold car".

8. He rejoied RP and her daughters, a short time later, in the children's clothing department where she had been shopping. He roamed around, lurking mostly, and watching them shop, but spending an inordinate amount of time monitoring Cherish, and he even suggested some inappropriate women's shoes for her. RP rejected the shoes; they were high-heeled women's shoes, not appropriate for an 8-year-old little girl. He led Cherish to the dressing room area a couple of times. He left briefly to shop in another section, and returned with a bundle of rope. This he tossed into RP's cart. All the while, he kept reassuring RP that his wife was coming with the gift card.

9. At about 10:30 p.m., an announcement was made that the store would be closing in 30 minutes. RP continued to shop, but checked first with DS to make sure his offer of the gift card was still good, as it was getting late. Her little girls had not eaten dinner. She wanted to get to the checkout, finalize her purchases with the gift card, and get home.

10. Waiting almost to the 11th hour, DS approached RP and said (with a bizarre gesture -- a puppet-like talking hand -- which RP found very odd) that he was going to a McDonalds inside the store to get something to eat. Cherish ran to her mother's side and told her that he had a $150 gift card. RP asked Cherish if that is what he told her. She said they were going to McDonalds and asked RP what she wanted to eat. Rayne indicated cheeseburgers. As evidenced by the video footage, off DS bolted, towards McDonalds, with Cherish following closely behind. RP said she felt safe in letting Cherish walk to the front of the store with him, where the McDonalds was located, as it was still in her line of sight.

11. Satisfied that the McDonalds was closing (if not yet closed already), DS appeared to speak briefly with Cherish. Here is where he begins to use similar deceptive practices on Cherish. He convinces her that they are just quickly going down the street to another McDonalds --one that is still open -- in his van, and will get cheeseburgers and bring them back for her mother and sisters. This probably seems perfectly logical to Cherish, and she believes that she has her mother's tacit approval. DS swiftly turns on his heel and heads out the front door of Walmart, at a fast clip. Again, Cherish was following closely behind.

12. Before driving out of the Walmart parking lot, DS spies a gold car with a woman at the wheel. He sidles up to it with his van, and, through his window, he shouts to the occupants that they are going to McDonalds for cheeseburgers. This is for Cherish's benefit, to alleviate any doubt she might have about leaving the premises with DS. Cherish knew his "wife" drove a gold car. Here was a woman sitting in a gold car. The driver of the gold car even began following the van because the driver thought her father was a passenger in it. At this point, DS probably could not believe his good fortune.

As we know, Cherish was never seen alive again.

(All of the above is MOO)

Thank you for the timeline as the mother was irritating the heck out of me on that stand. I’m sorry, I can agree that she was also a victim that someone on here pointed out to me, but she definitely wasn’t a bright woman by a long shot! There were obvious signs that this MAN was a straight weirdo during his engagement and they are all ignored by the mother.

One that stood out for me was when DS said his wife has the gift card, so let’s drive to Walmart to get it? Like WTF, who in the hell would be cool with going with a stranger for DS to then meet his wife to get money to buy RP items for your kids, and you cool with that, your not even bothered that the wife might see you??? All very ODD ,It’s annoying me just thinking about it.

Anyway RIP to Cherish & I won’t detail what I want to to happen to DS. Just saddening to me the whole case.


Sent from my iPhone using Tapatalk
 
The "Automatic Appeal" process holds in every state. Some states it is mandatory, and others it is optional by the defendant.
It goes like this:
First is the "Direct Appeal," and in that appeal, only trial issues are heard before a panel of judges which can 1) affirm the conviction and sentence, 2) reverse the conviction. or 3) reverse the death sentence. Either losing side (Prosecution or Defense) can then petition for a "writ of certiorari" with the US Supreme Court, requesting a review.

Second is the "State Post Conviction" which is the second stage of the appellate process, where the defendant can raise issues about the conviction and sentence that are outside of the trial issues. Things like newly discovered evidence, or Brady violations, or juror misconduct or ineffective assistance of counsel. I'd bet my house the latter will apply here, (under the ABA criminal justice standard 4-1.2 section G ) but, imo he had nothing to defend so good luck with that.
The same procedure follows (Defendant can file a writ of certiorari with the Us Supreme Court for review) and if it is is denied, that's it for State Appeals.

Next, is the "Federal Habeas Corpus" which is for the most part, with a few exceptions, the same process but at the federal level and is handled in three stages.
1) Us District court.
2) Us Court Of Appeals.
3) Us Supreme Court.

The last stage is "Exclusive Clemency" where the Governor can either postpone death for further review, or can commute a sentence to life without parole.

Just to add.
After the State Post Conviction is exhausted, the defendant has a certain timeline to file for appeal for the next step. If he/she fails to file within that timeline, the appeals process is over.
Excellent post Rocky, thank you.

Sent from my SM-G935V using Tapatalk
 
Starting Tuesday...

Expected to take the stand during the penalty phase is retired JSO Detective Lonnie Mills- who was one of the lead investigators on the case, Smith’s son – Donald Smith, Jr. and Dr. Joseph Sesta who performed nervous system tests while Smith has been in police custody. The list consists of 11 witnesses that will be called to the stand.

http://www.firstcoastnews.com/artic...esday-in-donald-smith-sentencing/77-520041997
 
Starting Tuesday...

Expected to take the stand during the penalty phase is retired JSO Detective Lonnie Mills- who was one of the lead investigators on the case, Smith’s son – Donald Smith, Jr. and Dr. Joseph Sesta who performed nervous system tests while Smith has been in police custody. The list consists of 11 witnesses that will be called to the stand.

http://www.firstcoastnews.com/artic...esday-in-donald-smith-sentencing/77-520041997

What are nervous system tests and what bearing would they have?
 
Starting Tuesday...

Expected to take the stand during the penalty phase is retired JSO Detective Lonnie Mills- who was one of the lead investigators on the case, Smith’s son – Donald Smith, Jr. and Dr. Joseph Sesta who performed nervous system tests while Smith has been in police custody. The list consists of 11 witnesses that will be called to the stand.

http://www.firstcoastnews.com/artic...esday-in-donald-smith-sentencing/77-520041997

I'll bet Det. (Ret.) Lonnie Mills' testimony will be very interesting. Maybe we'll also learn what all those nervous twitches are about when Dr. Joseph Sesta testifies. I'm guessing DS's central nervous system is shot to **** due to all of his drug use.
 
I'll bet Det. (Ret.) Lonnie Mills' testimony will be very interesting. Maybe we'll also learn what all those nervous twitches are about when Dr. Joseph Sesta testifies. I'm guessing DS's central nervous system is shot to **** due to all of his drug use.
Well, that's just "too bad, so sad", but it does not excuse in any way his crime. DP all the way.
 
I'll bet Det. (Ret.) Lonnie Mills' testimony will be very interesting. Maybe we'll also learn what all those nervous twitches are about when Dr. Joseph Sesta testifies. I'm guessing DS's central nervous system is shot to **** due to all of his drug use.

What is his history of drug use?
 
The "Automatic Appeal" process holds in every state. Some states it is mandatory, and others it is optional by the defendant.
It goes like this:
First is the "Direct Appeal," and in that appeal, only trial issues are heard before a panel of judges which can 1) affirm the conviction and sentence, 2) reverse the conviction. or 3) reverse the death sentence. Either losing side (Prosecution or Defense) can then petition for a "writ of certiorari" with the US Supreme Court, requesting a review.

Second is the "State Post Conviction" which is the second stage of the appellate process, where the defendant can raise issues about the conviction and sentence that are outside of the trial issues. Things like newly discovered evidence, or Brady violations, or juror misconduct or ineffective assistance of counsel. I'd bet my house the latter will apply here, (under the ABA criminal justice standard 4-1.2 section G ) but, imo he had nothing to defend so good luck with that.
The same procedure follows (Defendant can file a writ of certiorari with the Us Supreme Court for review) and if it is is denied, that's it for State Appeals.

Next, is the "Federal Habeas Corpus" which is for the most part, with a few exceptions, the same process but at the federal level and is handled in three stages.
1) Us District court.
2) Us Court Of Appeals.
3) Us Supreme Court.

The last stage is "Exclusive Clemency" where the Governor can either postpone death for further review, or can commute a sentence to life without parole.

Just to add.
After the State Post Conviction is exhausted, the defendant has a certain timeline to file for appeal for the next step. If he/she fails to file within that timeline, the appeals process is over.

Thank you, Rocky1, for taking the time to explain all of this to us. Very helpful and much appreciated.
 
I missed this. Did the woman testify?


12. Before driving out of the Walmart parking lot, DS spies a gold
car with a woman at the wheel. He sidles up to it with his van, and, through his window, he shouts to the occupants that they are going to McDonalds for cheeseburgers. This is for Cherish's benefit, to alleviate any doubt she might have about leaving the premises with DS. Cherish knew his "wife" drove a gold car. Here was a woman sitting in a gold car. The driver of the gold car even began following the van because the driver thought her father was a passenger in it. At this point, DS probably could not believe his good fortune.
 
What is his history of drug use?

All I know is that his defense when he was pulled over in his van was that he had been smoking crack with prostitutes all night.

But, here's a good article where DS's mother makes a comment about what she thought his problems were.
http://www.actionnewsjax.com/news/l...al-donald-smith-mother-jacksonville/699754031

"I was never led to believe there was anything emotionally wrong with him, only maybe depression and drugs," Moore said.
 
I missed this. Did the woman testify?


12. Before driving out of the Walmart parking lot, DS spies a gold
car with a woman at the wheel. He sidles up to it with his van, and, through his window, he shouts to the occupants that they are going to McDonalds for cheeseburgers. This is for Cherish's benefit, to alleviate any doubt she might have about leaving the premises with DS. Cherish knew his "wife" drove a gold car. Here was a woman sitting in a gold car. The driver of the gold car even began following the van because the driver thought her father was a passenger in it. At this point, DS probably could not believe his good fortune.

Yes. She testified, and her husband did as well. Her name is Ashley Chappell. She was Ashley Rozier when the crime occurred. Her husband at that time, who also testified, was Christopher Rozier.

Here's the link: https://www.youtube.com/watch?v=E9CsZ6BjNVw&list=PLoW1SIeAWaWZTtUOVfMhuvFyDf9OchTBW&index=5

Scroll to 1:47:52 for her testimony.
Her husband (now ex-husband) testified just before she did. So you will have to scroll further back for his testimony.
 
I missed this. Did the woman testify?


12. Before driving out of the Walmart parking lot, DS spies a gold
car with a woman at the wheel. He sidles up to it with his van, and, through his window, he shouts to the occupants that they are going to McDonalds for cheeseburgers. This is for Cherish's benefit, to alleviate any doubt she might have about leaving the premises with DS. Cherish knew his "wife" drove a gold car. Here was a woman sitting in a gold car. The driver of the gold car even began following the van because the driver thought her father was a passenger in it. At this point, DS probably could not believe his good fortune.
Yes, both she and her (now ex)husband testified.
https://www.news4jax.com/news/donal...nd-a-verdict-we-learned-in-donald-smith-trial
  • A couple who saw Smith drive off from Walmart in his white van said he stopped to tell them, "We're going for cheeseburgers." They testified that they thought the exchange was so odd that, after a couple of minutes they took off looking for him and checked at a nearby McDonald's and Wendy's to see if his van was there.
 
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