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

[Rocky1]

IMO that the State did not take him off the street. So they are partly responsible

There is plenty of blame to go around, starting with the 911 dispatcher who took it upon herself to decide whether RP was telling the truth when she called (then reporting it as a missing persons case even though the first words out of RP's mouth was "I think someone took her") all the way down to everyone that handled this case (with the exception of the chopper pilot) right up until the cop spotted the van on 95
There is a 74 page internal affairs report and it turned my stomach after reading.
Here's the short version.
IMO, they should have all been terminated, not just reprimanded. Two ( including the dispatcher) were suspended for 3 days, but they were able to appeal that.

https://www.news4jax.com/news/local...11-dispatcher-detectives-doubted-cherishs-mom

Here's the Public Relations Officer explaining the report for the first few minutes, then spinning on how great of a job the department did because Cherish was found so soon. If I remember right, the reason she was found so soon was because of 3 citizens who reported seeing the van at the church. It was also a citizen who found the stroller that LE had been looking for for so long. RP gave the description of the van. The media showed the Amber Alert. IMO all LE did was botch this case and slow it down.
He goes on to say how even if her abduction was handled as such sooner, it would not have made a difference, after I have listened over and over how much LE stresses that the first few hours are the most critical in an abduction case.
All BS.
https://www.youtube.com/watch?v=tu6AXOwb3L0

 

[Jax49]

The state just impeached the crap out of this guy. He contradicted his own deposition testimony regarding whether the brain trauma could have been caused by lack of oxygen to the brain during a cardiac event. He explained by saying he only had two days to prepare for the depo and was sick as a dog.

If I'm on the jury I might be thinking:

"How nice. The doctor makes four hundred dollars an hour - for being sick as a dog."

moo

 

[YESorNO]

Here are the tweets from court today:


Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith is in court. He is in orange. Looks like he's not dressing up for the penalty phase.

anne schindler@schindy
3h3 hours ago
Attorneys want #DonaldSmith's handcuffs off so he can take notes. Baiilff says they will take them off he can sign papers, but will have to put them right back on @FCN2go

anne schindler@schindy
3h3 hours ago
Judge is asking #DonaldSmith if he's OK with his attorneys plan to introduce as part of his defense "very damning evidence" about past crimes and sex convictions @FCN2go

First Coast News@FCN2go
3h3 hours ago
#DonaldSmith 's attorneys will be arguing mental illness.

Eileen Kelley@reporterkell
3h3 hours ago
Gone is the dress shirt and tie. Smith is back in orange inmate garb, a uniform that inmates are issued. Smith is also handcuffed. He and others who go to trial was allowed to wear non inmate attire last week. #DonaldSmith is also handcuffed. He is 61 and faces death.

anne schindler@schindy
3h3 hours ago
apparently dressing in jail orange was part of #DonaldSmith defense strategy, not required. they are now running into trouble because he also is required to wear 4 point restraints if he's in jail garb, and he can't write with handcuffs @FCN2go

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - The defense confirms it is their strategy to have Smith wear jail clothes.

Destiny Johnson@Hello_Destiny
3h3 hours ago
Court is going into recess for a few minutes while they deal with #DonaldSmith 's restraints. He said he cannot write with them.

anne schindler@schindy
3h3 hours ago
Here is #DonaldSmith getting his handcuffs removed @FCN2go

First Coast News@FCN2go
3h3 hours ago
Still waiting on a juror #DonaldSmith

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - One juror hasn't arrived yet. Court in recess.
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[YESorNO]

Stephanie Brown@SBrownReports
3h3 hours ago
The entire jury wasn't here on time, but they are now. Penalty phase for #DonaldSmith now getting underway after a small delay #CherishPerrywinkle

Bridgette Matter@bridgetteANjax
3h3 hours ago
Judge Cooper tells the jury they now have to determine a punishment for #DonaldSmith "The only punishment for this crime is life in prison without the possibility of parole or death." @ActionNewsJax

Meilin Tompkins@MeilinTompkins
3h3 hours ago
#DonaldSmith pentalthy phase trial begins with opening statements from both sides

anne schindler@schindy
3h3 hours ago
Smth is also seated in a hard wooden chair today, instead of the leather armchair he and everyone else has used to this point. No idea if that's strategy or comfort @FCN2go #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Judge is instructing jury on what to expect from the proceedings and how they will make their determination of whether #DonaldSmith should be sentenced to death for the murder of #CherishPerrywinkle

Meilin Tompkins@MeilinTompkins
3h3 hours ago
Jurors must decide if #DonaldSmith will get "life in prison without the possibility of parole" or "death"

Destiny Johnson@Hello_Destiny
3h3 hours ago
The decision in front of the jury is life in prison or the death sentence. A heavy decision for any person. They must listen to the evidence to inform their decisions. #DonaldSmith

Eileen Kelley@reporterkell
3h3 hours ago
Judge Mallory Cooper just told them they have to decide: Life in prison or death. #DonaldSmith. They will weigh aggravating factors -- something that increases the gravity of a crime (i.e. past criminal history) -- against mitigating factors (i.e. upbringing, mental illness)

Julie Rendelman Esq.@julie_rendelman
3h3 hours ago
The question is whether the defense can humanize #donaldsmith enough to at least get one juror to say no to death. @LawCrimeNetwork

anne schindler@schindy
3h3 hours ago
Defense will introduce this mitigating evidence during this penalty phase, including Smith's incapacity to appreciate "the criminality of his conduct" #DonaldSmith @FCN2go

anne schindler@schindy
3h3 hours ago
Smith re-entering court, having had his 4-point handcuff and leg shackles removed @FCN2go #DonaldSmith

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[Rocky1]

I just had my first chance to listen to the victim statement / testimony given today by a woman who DS attempted to kidnap in 1992 when she was 13. I'd read about that case when DS was first identified as a suspect in Cherish's murder. Once again, I am awestruck by how brave this woman is - both then and now.

When I was in my mid-20s in Jacksonville, I had a stranger pursue me in a car and attempt to grab me while I was speed-walking on a Saturday in an office park that was about 4 miles from my home. He'd tried to approach me and convince me to get in his car and got furious when I refused to get close or talk to him. I could tell from the look in his eyes that if he got me into his car, I might never be seen again.

This was long before people had cell phones, so I could not phone for help nor was there anyone around the office park who might have seen what was happening. He aggressively pursued me in his car, attempting to block me while I tried to run from the empty office park to nearby residential communities, but doing it subtly enough at first that I thought I was over-reacting until he got more aggressive as I got closer to a residential neighborhood with greater traffic. I was hoping to find someone in their front yard who could help me and call the police. I was terrified to stop at a stranger's door because I knew the man would be able to catch me if I paused long enough and there wasn't anyone to answer the door.

I finally shook his pursuit by running through deep ditches between neighborhoods until I knew I was at a place where I could sprint home through other ditches before he'd be able to find me and catch me by car. By the time I got home I was still scared and exhausted, I didn't have a good vehicle description (white small car, really that was all I could recall?!) and I had no gauge of the man's height, just that he was Caucasian with dark hair and empty, hollow, evil eyes - couldn't even say what color, just how evil resonated from them. Since my description was so pathetically vague and since I knew he wouldn't find me again, I didn't call it in to the police, which I regret to this day.

That being said, my personal experience makes me have even more respect for the absolute terror that I know this woman experienced and has overcome twice in her life now to speak out against the monster that DS is - at 13 and now decades later. She has bared her soul and shared the absolute terror that being pursued like this by a complete stranger brings - and she spoke out as a child and again today as a woman. She is another one of Cherish's local angels, working to ensure that the only way this pathetic and evil man leaves prison is in a pine box.

When I was 10 years old, and living in a rural town, my sister, two of her friends (all 12 years old) and myself were sitting alone the side of the road on a huge rock. A man pulled up and stopped. He had a small rotating light ( like the one that Kojack used) on his dashboard.
He started asking all kinds of stupid questions and me like a dumb kid walked right up to his drivers side window. He didn't pay much attention to me, but was looking at the girls asking them things like "would you like to spit in my hand"? I could hear a baby crying, so I looked in the back seat, and on the floor was a little baby in a basket. At that time, being 10, I didn't realize what he was doing, but being so weird, I said to him, "Why don't you just leave now" he stayed for a few more minutes (about 5 total) then he drove off.
After 10 minutes we all pretty much forgot all about it, but then when I went in my house, I was telling my mother about this strange man.
About two weeks later, there was a knock at my door. It was our police sargent. He started asking me about this guy, what he looked like, and what he drove. I was very interested in cars even at that age, and I gave him not only the color, but the make and year.
After talking to me for a few minutes, he asked me if I would mind telling the police chief what I had told him, and I said "sure." He left and went back to the cruiser, the chief came in my house, and i told him the same story.
When i was done, he asked me if I would explain the story to another officer. I said "yes" and the chief went back to the cruiser. Then he returned with another "officer." I noticed this cop was not wearing a gun, but was dressed in a uniform. The chief asked me to explain to this officer what this man looked like. I started explaining what he looked like but I kept pausing. Then I said. "He looks exactly like you"!
It was in fact him, and he was being questioned for kidnapping and raping a girl a few towns over from me.
Years passed, and I forgot all about him and the situation, and then one night it popped into my head, I thought how smart that police chief was to put him in a uniform and to have me point him out and identify him.
Then I was thinking how did the cops even know about this guy and the situation with , my sister, her friends and I. My Mom must have called the police, but she never told me that she did. I am not sure why, maybe to save us kids from the fear that this tarnished world can instill on us at times.

 

[YESorNO]

Eileen Kelley@reporterkell
3h3 hours ago
State Attorney Melissa Nelson giving the opening statement @ #DonaldSmith. She is asking the jury to sentence him to death

anne schindler@schindy
3h3 hours ago
"2 weeks ago when we first met the defendant was unknown to each of you
and presumed by every one on of you to be innocent. but that’s changed" Melissa @Nelson4SAO tells jurors #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
3h3 hours ago
State Attorney Melissa Nelson delivering the opening for the prosecution: #DonaldSmith is no longer presumed innocent. State will present six aggravating factors. #CherishPerrywinkle

anne schindler@schindy
3h3 hours ago
Jurors have already found #DonaldSmith guilty of 2 aggravating factors -- murder committed during another felony (rape) and against a child. The state believes he is guilty of 6, including"cold, calculated and premeditated" and "Heinous, atrocious and cruel" @FCN2go

First Coast News@FCN2go
3h3 hours ago
"The evidence is already before you" for the aggravating factors of cold, calculated and cruel, and heinous, atrocious and cruel. #DonaldSmith

anne schindler@schindy
3h3 hours ago
Prosecutors will introduce a former 13 year old victim of #DonaldSmith who fled from him when he tried to abduct her @FCN2go

Stephanie Brown@SBrownReports
3h3 hours ago
Prosecution will present six aggravating factors, incl age of #CherishPerrywinkle, premeditation, cruel nature of the crime, murder committed to avoid arrest, and others #DonaldSmith

Destiny Johnson@Hello_Destiny
3h3 hours ago
Testimony will be given by a woman, now 36, who #DonaldSmith attempted to kidnap in 1992 when she was 13 and he was 36. He was convicted and served time in prison. She is now a mother of four. Nelson said that her parenting decisions were informed by this day. #DonaldSmith

anne schindler@schindy
3h3 hours ago
I"m going to hold off on naming Smith's former 13 year old victim for now. She is 36 years old -- one year older than he was when he tried to kidnap her -- and lives in New York with 4 children #DonaldSmith @FCN2go

Eileen Kelley@reporterkell
3h3 hours ago
Jury reminded that Cherish Perrywinkle's death was swift. A woman will testify about the paralyzing fear she lives with since 1992 when #DonaldSmith chased her through a park and how she hid from hid from him. She was 13, he 36 at the time. Smith was sent to prison for that.
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[YESorNO]

Meilin Tompkins@MeilinTompkins
3h3 hours ago
Defense opening statement: Claims #DonaldSmith has mental illness "This is not going to be a pretty picture"

Destiny Johnson@Hello_Destiny
3h3 hours ago
“It is insurmountable... it's a little bit like a train coming down the tracks blowing its horn, you can't get out of the way." Defense says of #DonaldSmith evidence.

anne schindler@schindy
3h3 hours ago
Defense attorney Charles Fletcher "it's a hard case to try. Not much to work with." The evidence he concedes, "is insurmountable" #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
3h3 hours ago
Defense Attorney Charles Fletcher delivering opening: It's rare that defense will paint a dark picture of their client, but you need the full story, will not be a "pretty picture" #DonaldSmith #CherishPerrywinkle

First Coast News@FCN2go
3h3 hours ago
"This week it's about mental illness," said the defense. Last week it was about what #DonaldSmith had done.

Stephanie Brown@SBrownReports
3h3 hours ago
Fletcher: Didn't give a closing statement in trial because they couldn't say #DonaldSmith was not guilty, but this phase is about mental illness #CherishPerrywinkle

Bridgette Matter@bridgetteANjax
3h3 hours ago
Fletcher: "What could I say? How could I stand up here and say #DonaldSmith is not guilty." Fletcher explains why the defense did not give a closing last week. He says this week is about mental illness. @ActionNewsJax

anne schindler@schindy
3h3 hours ago
"he was sexually aware at the age of 5" he was doing things "that would get you classified as a voyeur" at age 10 "There is something wrong with him" @FCN2go #DonaldSmith

Destiny Johnson@Hello_Destiny
3h3 hours ago
"All the signs of a pedophile, something, a sickness up here," gestures to his head, "something he didn’t choose, there’s something wrong with him." #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Fletcher: There were signs #DonaldSmith was not right "up here" when he was 5-years-old, were signs when he was young that he would be a pedophile #CherishPerrywinkle

Destiny Johnson@Hello_Destiny
3h3 hours ago
“Nobody wakes up and says, ‘hey I think I’ll be a pedophile for the rest of my life,’ It’s a mental disorder.” #DonaldSmith Defense says there is 40 years of documentation of this mental illness.

anne schindler@schindy
3h3 hours ago
"That's how sick he is" Defense Attorney Fletcher says "Nobody says 'I think I'll be a pedophile for the rest of my life.' It's a mental disorder." @FCN2go #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
#DonaldSmith In 2009 #DonaldSmith impersonated an employee of DCF in order to lure a girl out of her house. "That's how sick he is" -Defense

Meilin Tompkins@MeilinTompkins
3h3 hours ago
#DonaldSmith tried to get himself baker acted -- just two weeks before he met Cherish Perrywinkle

First Coast News@FCN2go
3h3 hours ago
More
11 days before meeting the Perrwinkles, #DonaldSmith tried to Baker Act himself while on a cocaine binge, admits to using drugs and tries to admit himself. Is told to return in a couple weeks, says the defense.

Meilin Tompkins@MeilinTompkins
3h3 hours ago
He was ultimately turned away #DonaldSmith

Bridgette Matter@bridgetteANjax
3h3 hours ago
Fletcher has repeatedly called #DonaldSmith "Sick" @ActionNewsJax

Stephanie Brown@SBrownReports
3h3 hours ago
Fletcher: The pull on #DonaldSmith was so strong that he walked up to the Perrywinkles in front of cameras, used real name, offered up his driver's license #CherishPerrywinkle

Meilin Tompkins@MeilinTompkins
3h3 hours ago
#DonaldSmith's defense: Smith even put the rope in the grocery cart -- without any regards of how people will think about it

Destiny Johnson@Hello_Destiny
3h3 hours ago
Referring to the tapes of #DonaldSmith talking about 12-13 year old girls being his "target area": “That’s sick, he has a mental illness, he is wired differently than me, and all these people out here.” @FCN2go

Meilin Tompkins@MeilinTompkins
3h3 hours ago
#DonaldSmith is acting on impulse, and it's sick, we know that. But that's how strong it is

Eileen Kelley@reporterkell
3h3 hours ago
The defense attorney is outlining #DonaldSmith's long lists of sexual crimes. "That' sick. He has a mental illness. He is wired differently."

First Coast News@FCN2go
3h3 hours ago
One of the doctors describes, your brain is a tapestry, his is tattered. He didn’t choose to be that way, that’s something that started when he was little, says defense attorney Charles Fletcher. He cannot control his impulses. #DonaldSmith

anne schindler@schindy
3h3 hours ago
Smith suffers from "Executive dysfunction" his attorney tells jurors, "it's a powerful storm that corrupts his brain. he can't control his impulses. We are not saying he's insane. He knows right from wrong." #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
3h3 hours ago
Fletcher: #DonaldSmith is not "insane, "he knows right and wrong", but damage to his brain prevents him from not acting on an impulse. #CherishPerrywinkle

Eileen Kelley@reporterkell
3h3 hours ago
"We are not making excuses," Fletcher said in #DonaldSmith, "we are explaining it."

Destiny Johnson@Hello_Destiny
3h3 hours ago
"You don't have to vote for death, you can choose mercy. And sometimes mercy is given to someone who doesn't even deserve it." #DonaldSmith @FCN2go

anne schindler@schindy
3h3 hours ago
Atty assures jurors if sentenced to life "he will wear an outfit just like that … and he will ultimately leave prison in a prison made pine box" @FCN2go #DonaldSMith
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[Henry2326]

When I was 10 years old, and living in a rural town, my sister, two of her friends (all 12 years old) and myself were sitting alone the side of the road on a huge rock. A man pulled up and .

My friend, that's a scary story....the what ifs throughout are crazy.

Sent from my P00I using Tapatalk

 

[YESorNO]

Bridgette Matter@bridgetteANjax
3h3 hours ago
Carrie Ann Buck who says #DonaldSmith tried to kidnap her when she was 13 in 1992 is first to testify. @ActionNewsJax

First Coast News@FCN2go
3h3 hours ago
Former kidnapping victim Ms. Buck being called to the witness stand. #DonaldSmith She is very emotional.

anne schindler@schindy
3h3 hours ago
Smith's former victim is already tearful before she begins. She wipes her eyes. @FCN2go #DonaldSmith

First Coast News@FCN2go
3h3 hours ago
When she was 13, Ms. Buck was approached by a van driven by #DonaldSmith

anne schindler@schindy
3h3 hours ago
Former victim remembers #DonaldSmith's appearance "he was close to 40, shoulder length dark hair pointy nose" @FCN2go

Meilin Tompkins@MeilinTompkins
3h3 hours ago
Former victim was 13 when she was going to her friend's house -- states she encountered "#DonaldSmith" in a gray van -- at that time he had shoulder length brown hair and was about 40

Stephanie Brown@SBrownReports
3h3 hours ago
A former kidnapping victim of #DonaldSmith is the first witness for the prosecution. She was 13 at the time of the crime, in 1992. She's very emotional as she identifies Smith as the man who kidnapped her #CherishPerrywinkle

Bridgette Matter@bridgetteANjax
3h3 hours ago
Buck "He demanded that I get in the van." #DonaldSmith @ActionNewsJax

First Coast News@FCN2go
3h3 hours ago
“He demanded that I get in the van. He told me to get the (expletive) in the van." Ms. Buck said his voice sounded mean, scary." #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Former victim of #DonaldSmith says he approached her in a van, asked if she knew a girl named Susie, asked about her school. He offered a ride that she tried to turn away, "he was a stranger". #CherishPerrywinkle

Bridgette Matter@bridgetteANjax
3h3 hours ago
Buck says she then ran, and #DonaldSmith chased her. @ActionNewsJax

First Coast News@FCN2go
3h3 hours ago
“I tried to run to tamara’s house. At one point he had cut me off at a crossroad, and I just kept running and I did make it to Tamara’s house and no one was home and I pounded not he door and nobody answered.” Ms. Buck described bring chased by #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
Buck tried to find safety at a school playground when her friend wasn't home. Tried to conceal herself in a slide. #DonaldSmith

Stephanie Brown@SBrownReports
3h3 hours ago
Witness: I tried to hide in a slide at a playground for what "seemed like forever", but heard #DonaldSmith coming. He said "I'm gunna find you". #CherishPerrywinkle

Destiny Johnson@Hello_Destiny
3h3 hours ago
Ms. Buck said it seemed like forever that she was inside a slide, hiding from #DonaldSmith who had followed her to a playground, “He said, 'I know you’re in there you little *****, I’m going to find you.'” #DonaldSmith

Bridgette Matter@bridgetteANjax
3h3 hours ago
"I know you're in there little B****, I'm going to find you." Buck explains terrifying moments when #DonaldSmith tried to kidnap her when she was 13. @ActionNewsJax

Bridgette Matter@bridgetteANjax
3h3 hours ago
#DonaldSmith later sat outside Bucks house. @ActionNewsJax

Stephanie Brown@SBrownReports
3h3 hours ago
Witness: #DonaldSmith drove off, but I later saw him outside my house. Made eye contact, "he looked at me like he was going to try to kill me" #CherishPerrywinkle

First Coast News@FCN2go
3h3 hours ago
“He looked at me like he was going to kill me,” Ms. Buck said when her mother went to drive after #DonaldSmith 's van which appeared in her neighborhood around her home in the weeks after after the attempted kidnapping. #DonaldSmith

Destiny Johnson@Hello_Destiny
3h3 hours ago
"I'll never forget his face." #DonaldSmith

Meilin Tompkins@MeilinTompkins
3h3 hours ago
Buck was able to identify #DonaldSmith through a series of photographs, "I'll never forget his face" she says while she wipes her eyes.

Destiny Johnson@Hello_Destiny
3h3 hours ago
Ms. Buck has been excused from the witness stand. She walked away in tears, sobbing once she got to the door. #DonaldSmith

anne schindler@schindy
3h3 hours ago
Juror sobs loudly leaving courtroom. That was some intense testimony. Several jurors stole glances at #DonaldSmith during it, and they were not kind. @FCN2go

Eileen Kelley@reporterkell
3h3 hours ago
#DonaldSmith served 6 years for the crime. He was caught after he showed up at the then little girls house a few days later. Her family came out and got the tag number of his van. State just closed.

Stephanie Brown@SBrownReports
3h3 hours ago
#DonaldSmith was convicted of the attempted kidnapping of this witness in January 15, 1993. #CherishPerrywinkle

First Coast News@FCN2go
3h3 hours ago
Jury being excused for a short ten minutes recess. #DonaldSmith

anne schindler@schindy
3h3 hours ago
Defense wasn't anticipating state resting so quickly. Their first witness isn't due until 11 We are in recess for 15 mins @FCN2go #DonaldSmith

anne schindler@schindy
3h3 hours ago
I just spoke with #donaldsmith victim Kerri-Anne Buck, she said she was OK with using her name @FCN2go

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - Defense is asking to recess for lunch now and start their case at 12:30.

First Coast News@FCN2go
3h3 hours ago
The jury will be breaking until 12:30 because the defense's witness will be arriving at the airport until 11 a.m. #DonaldSmith
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[TTF14]

MOO but why I want the DP
Psychopaths adapt easily to their surroundings. He will seek out the smaller fish in Prison to manipulate. He will share his sick crimes with others and be entertained by theirs. If Mother funds his account he can buy protection and contraband. Cant stop the replay and fantasies he will engage in but I want him isolated until the end of his days. Oh and most important. This crime qualifies for the DP. Whatever this Jury decides I will accept.

I agree 100%. This guy needs to be isolated for the rest of his days. I hope the jury sees that.

 

[YESorNO]

anne schindler@schindy
3h3 hours ago
This is the list of defense witnesses #DonaldSmith @FCN2go

anne schindler@schindy
3h3 hours ago
Some legal arguments to come. Def wants to use pharmacologist Dr. Daniel E Buffington to discuss effects of cocaine use. State says he's a qualified to discuss drug's physical impact, but not psychological ones, bc he's not a doctor @FCN2go #DonaldSmith

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - Jury has been dismissed for lunch. The defense has Dr. Daniel Buffington on the stand without the jury present.

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - What is happening with this witness is called a 'proffer'. This is done outside the presence of the jury.

First Coast News@FCN2go
3h3 hours ago
There is an objection from the State that the defense’s witness cannot speak to the psychiatric effects of drug use, specifically cocaine use. #DonaldSmith

Law & Crime Network@LawCrimeNetwork
3h3 hours ago
#DonaldSmith - The prosecution is objecting to the testimony from defense witness. Judge will decide what to allow after this proffer.

Cathy Russon@cathyrusson
2h2 hours ago
#DonaldSmith waiting for the judge to rule on what his witness can testify to.

Destiny Johnson@Hello_Destiny
3h3 hours ago
Dr. Buffington, who is clinical pharmacologist, speaks to the use of cocaine both with initial ingestion and what can happen with long-term cocaine use. #DonaldSmith

anne schindler@schindy
2h2 hours ago
this is the arrest report from #DonaldSmith's 1992 kidnap attempt of Kerri-Anne Buck, who testified earlier @FCN2go

https://www.scribd.com/document/371955780/92-CF-11193-ARREST-BOOKING-REPORT-920337898

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
#DonaldSmith - Judge will allow the testimony from defense pharmacology expert. Court in recess until 12:20.
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[YESorNO]

First Coast News@FCN2go
1h1 hour ago
#DonaldSmith is back in court, just waiting the jury before the defense calls its first witness.

Stephanie Brown@SBrownReports
1h1 hour ago
The first witness for the defense in the penalty phase of the #DonaldSmith trial is Dr. Heather Holmes, who is a psychologist. #CherishPerrywinkle

anne schindler@schindy
1h1 hour ago
Dr Heather Holmes met 3 times with #DonaldSmith @FCN2go She determined he was competent, and sane 'no question'

Stephanie Brown@SBrownReports
1h1 hour ago
Holmes: #DonaldSmith's relationship with his mother is "noteworthy". Most important, possibly only important relationship he's had. #CherishPerrywinkle

First Coast News@FCN2go
1h1 hour ago
How did #DonaldSmith 's relationship with his mother factor into his social history? “It was certainly note worthy. It is the single most important relationship he’s ever had and possibly the only important relationship he’s ever had.”

Eileen Kelley@reporterkell
57m57 minutes ago
A neighbor of #DonaldSmith told the Times-Union that Smith's mother enabled her son by paying his drug debts.
Holmes said his m,other rescued her son to a fault

First Coast News@FCN2go
57m57 minutes ago
#DonaldSmith 's relationship with his mother: “I would describe it as a little bit inappropriate." Dr. Holmes describes the relationship as enmeshed, that Smith's mother would pay to get him out of trouble, even paying drug dealers into her old age.

anne schindler@schindy
56m56 minutes ago
"It started young" Dr Holmes testifies of his drug use #DonaldSmith @FCN2go

Law & Crime Network@LawCrimeNetwork
55m55 minutes ago
#DonaldSmith - Holmes says Smith admitted all his crimes to her.

First Coast News@FCN2go
54m54 minutes ago
“No, he admitted them all," Dr. Holmes said that #DonaldSmith admitted to his heinous crimes.

Eileen Kelley@reporterkell
52m52 minutes ago
A stepdad of #DonaldSmith ( he had 2) was a psychiatrist. Smith was given medications in the preteen years, Holmes testified.

First Coast News@FCN2go
48m48 minutes ago
#DonaldSmith was diagnosed with Major Depressive Disorder by Dr. Holmes. “He’s clinically depressed.”

anne schindler@schindy
47m47 minutes ago
Dr. Heather Holmes, evaluated Smith three times, and diagnosed him with pedophilic disorder, major depressive disorder and cocaine use disorder. @FCN2go #DonaldSmith

Bridgette Matter@bridgetteANjax
46m46 minutes ago
Holmes says pedophilia can't be cured. @ActionNewsJax #DonaldSmith

Stephanie Brown@SBrownReports
44m44 minutes ago
Holmes: Therapy deals with changing actions. Can't change who you're attracted to, but can change the situation you put yourself in and actions you take #DonaldSmith #CherishPerrywinkle

Eileen Kelley@reporterkell
42m42 minutes ago
Dr. Holmes diagnosed #DonaldSmith with clinical depression, severe cocaine disorder and pedophilia disorder ( prepubescent girls)
"There isn't enough therapy, medications to change what you are attracted to," Holmes said.

Bridgette Matter@bridgetteANjax
41m41 minutes ago
Holmes diagnosed #DonaldSmith with antisocial personality. @ActionNewsJax

First Coast News@FCN2go
41m41 minutes ago
About his "enmeshed" and "inappropriate" relationship with his mother “A lot of people do but they don’t end up as pedophiles that murder a child.” #DonaldSmith There is not one clear trigger that caused the pedophilia.

Stephanie Brown@SBrownReports
41m41 minutes ago
Holmes: Can't say specifically what causes this in any given case, "I wish to God I could". Drug use lowers inhibition. #DonaldSmith #CherishPerrywinkle

anne schindler@schindy
41m41 minutes ago
"He had an inappropriate relationship with his mother, but of course a lot of people do and they don’t turn out to be pedophiles who murdered a child" testifies defense witness Dr Heather Holmes @FCN2go #DonaldSmith

Eileen Kelley@reporterkell
39m39 minutes ago
The doctor said #DonaldSmith also has "antisocial personality disorder."
Those with this disorder have limited ability for remorse and tend to take extreme measures to get what they are seeking.

Eileen Kelley@reporterkell
37m37 minutes ago
In 1977 #DonaldSmith was labeled a violent sexual predator. He was also diagnosed with similar disorders that Holmes diagnosed him with 40 years ago.

First Coast News@FCN2go
37m37 minutes ago
In 1977 #DonaldSmith was labeled a mentally disturbed sexual offender. “It’s [mental illnesses she diagnosed] been present throughout the past 40 years.” He was diagnosed with similar things in the 70s.

Bridgette Matter@bridgetteANjax
35m35 minutes ago
Records say in 2002 Smith is a danger to children #DonaldSmith
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[YESorNO]

First Coast News@FCN2go
33m33 minutes ago
Melissa Nelson will cross-examine Dr. Holmes #DonaldSmith

Bridgette Matter@bridgetteANjax
31m31 minutes ago
Nelson "Based on your evaluations there is nothing mitigating to him is that correct?"
"There is nothing that he did that is mitigating ?"
Holmes answers "correct" to both. #DonaldSmith

Stephanie Brown@SBrownReports
30m30 minutes ago
During cross-examination by the state, Holmes says there are no mitigating factors with #DonaldSmith. Cocaine use was a possible one, but that was voluntary. #CherishPerrywinkle

Eileen Kelley@reporterkell
30m30 minutes ago
Dr. Holmes said she was surprised that #DonaldSmith wasn't held in a civil commitment facility longer. He had been previously held in one after a prison term, but was released back to society in 2002.

Bridgette Matter@bridgetteANjax
29m29 minutes ago
Nelson asked if Smith exhibited remorse.
Homes says he did not exhibit remorse.
#DonaldSmith @ActionNewsJax

Eileen Kelley@reporterkell
29m29 minutes ago
"There was noting i saw that indicated remorse," Holmes said of #DonaldSmith admitting he raped and killed 8-year-old Cherish Perrywinkle.

Stephanie Brown@SBrownReports
29m29 minutes ago
Nelson cross examining the witness- he exhibited no remorse, did he? Holmes- he didn't exhibit anything that indicated that. #CherishPerrywinkle #DonaldSmith

Bridgette Matter@bridgetteANjax
28m28 minutes ago
Holmes says #DonaldSmith was angry with Cherish for getting in the van with him. @ActionNewsJax

Law & Crime Network@LawCrimeNetwork
28m28 minutes ago
#DonaldSmith told the psychologist he blamed #CherishPerrywinkle for having to kill her. He was angry that Cherish got in the van with him.

Bridgette Matter@bridgetteANjax
27m27 minutes ago
Holmes testifies #DonaldSmith is one of the most dangerous she has evaluated. @ActionTraffic

Eileen Kelley@reporterkell
27m27 minutes ago
"^%^$! I'm a convicted sex offender how am I going to explain this, #DonaldSmith told Holmes when recalling what he did to Cherish Perrywinkle in 2013. He also told Holmes he killed her because she got in his van.

Stephanie Brown@SBrownReports
27m27 minutes ago
Nelson- you have an opinion that #DonaldSmith is among the most dangerous sex offenders? Holmes- yes #CherishPerrywinkle

anne schindler@schindy
26m26 minutes ago
Dr Holmes testifies #DonaldSmith showed no remorse for killing #CherishPerrywinkle "Was he crying & begging for forgiveness? No. Did I ask him about remorse? No. Did I see anything in the moment that suggested remorse? No...There is nothing I saw that indicated remorse" @FCN2go

First Coast News@FCN2go
26m26 minutes ago
He denied the allegations of attempting to kidnap Kerri-Anne Beck. He blames other people for his crimes, in that case he blames his lawyers for pleading, said Melissa Nelson. #DonaldSmith

Stephanie Brown@SBrownReports
25m25 minutes ago
Holmes says #DonaldSmith has blamed other people for his crimes, including lawyers, victim. Blamed #CherishPerrywinkle for getting in his van.

anne schindler@schindy
24m24 minutes ago
Dr Holmes testifies #DonaldSmith blamed #CherishPerrywinkle for her own death because she got in his van. Holmes testifies he told her "I thought ****, I’m a convicted sex offender how am I going to explain this?" @FCN2go

Eileen Kelley@reporterkell
24m24 minutes ago
#DonaldSmith was give medication to lower his sex drive (chemical castration). He did not want the shots because of side affects. So they were stopped.

Bridgette Matter@bridgetteANjax
21m21 minutes ago
Holmes says #DonaldSmith mother was always "rescuing" him. Smith had a privileged background, went to private school. Mother has taken care of him financially throughout his life. @ActionNewsJax

Eileen Kelley@reporterkell
21m21 minutes ago
#DonaldSmith has been described by doctors over the years as callous, uncaring, lacking empathy remorse, manipulative. The doctor also said Smith's mom paid off his drug debts and took care of him financially

anne schindler@schindy
21m21 minutes ago
Smith lacks "empathy remorse and conscience," doctor testifies. She says #DonaldSmith is the most dangerous sex offender she's ever analyzed @FCN2go

Eileen Kelley@reporterkell
20m20 minutes ago
#DonaldSmith had a privileged background and went to private school.

Bridgette Matter@bridgetteANjax
20m20 minutes ago
Holmes found #DonaldSmith to be mentally stable, and intelligent. And there is nothing mitigating to his crime. @ActionNewsJax

Stephanie Brown@SBrownReports
19m19 minutes ago
Holmes says #DonaldSmith was mentally stable and intelligent when she met with him. She's not offering anything as mitigation. #CherishPerrywinkle
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[TTF14]

Is it possible that one of the defense strategies is that the longer the testimony goes on, the more it will give the jury pause about the death penalty? Like, "well, if there's THIS much info about his mental state, there must be something to it!?"

I hope not. This guy needs to know without a shadow of a doubt that you can't torture a little girl to death and get away with your miserable, pathetic life.

I know I haven't heard his son yet, but I feel bad for him. I can't imagine being in his position. I mean, it's his dad.

 

[YESorNO]

Stephanie Brown@SBrownReports
17m17 minutes ago
Defense Attorney Julie Schlax now questioning Holmes on what exactly she means by "mitigation" (it's an important distinction, because jurors are looking at aggravating and mitigating factors). #DonaldSmith #CherishPerrywinkle

Stephanie Brown@SBrownReports
15m15 minutes ago
Holmes: "I wondered if it was a typo" that #DonaldSmith was not meeting criteria to be civilly committed in 2006 #CherishPerrywinkle

anne schindler@schindy
14m14 minutes ago
"I thought it was a typo" doctor testifies, that #DonaldSmith was not labeled a dangerous sexual predator and kept in custody. "If this person is not meeting criteria that he's a sexual predator I don’t know who would" @FCN2go

Bridgette Matter@bridgetteANjax
13m13 minutes ago
#DonaldSmith was baker acted in 2011, and 2013. @ActionNewsJax

Bridgette Matter@bridgetteANjax
12m12 minutes ago
2 weeks before Cherish was killed, #DonaldSmith tried to mentally baker act himself. Holmes: "He felt that he was not safe, he reported being unable to get off cocaine, go to sleep and having homicidal thoughts." @ActionNewsJax

Stephanie Brown@SBrownReports
11m11 minutes ago
#DonaldSmith tried to get himself committed under the Baker Act about two weeks before the murder of #CherishPerrywinkle. Holmes says it shows he was unstable at that time.

Eileen Kelley@reporterkell
11m11 minutes ago
Two weeks before the rape and murder of Cherish Perrywinkle in 2013, #DonaldSmith attempted to have himself Baker Acted ( a legal term to hold someone who is a threat to himself or society.) He was turned away.

Stephanie Brown@SBrownReports
9m9 minutes ago
On q from defense, Holmes says she believes commitment stabilizes #DonaldSmith, because of the highly controlled environment #CherishPerrywinkle

First Coast News@FCN2go
10m10 minutes ago
Dr. Heather Holmes is excused. #DonaldSmith
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[YESorNO]

Eileen Kelley@reporterkell
6m6 minutes ago
Daniel Buffington, a pharmacologist has taken the stand for the defense. He will talk about #DonaldSmith's excessive cocaine use.

Stephanie Brown@SBrownReports
5m5 minutes ago
Next witness is Dr. Daniel Buffington, a clinical pharmacologist. #DonaldSmith #CherishPerrywinkle

Stephanie Brown@SBrownReports
33m33 minutes ago
Buffington is showing slides to jurors during his testimony, including an explanation of the medical uses of cocaine as well as how it's abused #DonaldSmith #CherishPerrywinkle

First Coast News@FCN2go
29m29 minutes ago
In long-term cocaine usage like #DonaldSmith said his way "Their life begins to unravel, change in behavior, aggression and paranoia. If you use cocaine long enough you develop psychosis."

Stephanie Brown@SBrownReports
24m24 minutes ago
Buffington says #DonaldSmith used marijuana, alcohol, LSD, cocaine, but cocaine became his drug of choice #CherishPerrywinkle

Bridgette Matter@bridgetteANjax
22m22 minutes ago
Buffington says #DonaldSmith was self medicating with cocaine. @ActionNewsJax

Eileen Kelley@reporterkell
22m22 minutes ago
#DonaldSmith is a bit fidgety. Perhaps is all this talk of his LSD and cocaine use and its impact on him by Buffington


Stephanie Brown@SBrownReports
15m15 minutes ago
This slide represents #DonaldSmith in the time leading up to the murder of 8-year-old #CherishPerrywinkle, according to Buffington.

First Coast News@FCN2go
14m14 minutes ago
Dr. Buffington said he was on a crack cocaine binge the week before Cherish's murder. #DonaldSmith told Dr. Buffington that he took a hit in the bathroom of the Walmart where he kidnapped Cherish.

Stephanie Brown@SBrownReports
14m14 minutes ago
Buffington: #DonaldSmith's normal judgement and ability to reason was "profoundly diminished" #CherishPerrywinkle

anne schindler@schindy
12m12 minutes ago
Smith was smoking crack in the Walmart bathroom before he kidnapped #CherishPerrywinkle pharmacologist testifies @FCN2go #DonaldSmith

Eileen Kelley@reporterkell
10m10 minutes ago
#DonaldSmith had used crack cocaine in the bathroom at the Walmart before he kidnapped, raped and killed Cherish Perrywinkle. The pharmacologist said Smith's recollection of what happened suggests he had cocaine intoxication.
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[YESorNO]

First Coast News@FCN2go
6m6 minutes ago
Caliel is cross-examining Dr. Buffington. #DonaldSmith

Stephanie Brown@SBrownReports
8m8 minutes ago
On cross-examination, Buffington says he formed his opinions about #DonaldSmith based on an "extensive" review of records provided by the defense and a 15 minute conversation with Smith #CherishPerrywinkle

Stephanie Brown@SBrownReports
5m5 minutes ago
Buffington also says he relied on information provided by #DonaldSmith, since there were no drug tests/prescriptions from that time #CherishPerrywinkle

First Coast News@FCN2go
17m17 minutes ago
Documentation of #DonaldSmith attempting to Baker Act himself a few days before he murdered Cherish Perrywinkle. Smith stated he had been on a cocaine binge for 4 days.

anne schindler@schindy
55s55 seconds ago
Just a LITTLE chilly in Courtroom 406 today. Two jurors are now wrapped in red blankets #DonaldSmith @FCN2go
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[YESorNO]

Stephanie Brown@SBrownReports
1m1 minute ago
Next witness for the defense is criminal defense attorney Michael Bossen, serving as expert witness on criminal law in the area #DonaldSmith #CherishPerrywinkle

Eileen Kelley@reporterkell
36s36 seconds ago
in the 70s #DonaldSmith was declared a sexual predator after masturbating in front of children.

First Coast News@FCN2go
3m3 minutes ago
Pleaded guilty to burglary and grand theft and he was given four months in 1991. #DonaldSmith Typically someone with a record like Smith would not get a lesser sentence, but Smith did.

Stephanie Brown@SBrownReports
5m5 minutes ago
Schlax is walking Bossen through some of the prior criminal cases #DonaldSmith has faced, including 1977 lewd/lascivious act in presence of child and 1991 burglary and grand theft. #CherishPerrywinkle

First Coast News@FCN2go
2m2 minutes ago
In 1992, Smith also showed adult magazines to two young kids around the same time he attempted to lure Kerri-Anne Buck. He tried to lure them into his van, but they fled, were able to get the tag # and report to the police #DonaldSmith

Eileen Kelley@reporterkell
2m2 minutes ago
The attorney is essentially providing an explanation of #DonaldSmith previous criminal convictions, i.e how much time he could have served vs what he served.

anne schindler@schindy
33s34 seconds ago
Criminal defense attorney Michael Bosson is testifying about #DonaldSmith's prior offenses and repeated releases. The defense is painting a picture that the state repeatedly dropped the ball when they had a chance to get him off the streets @FCN2go

Stephanie Brown@SBrownReports
2m2 minutes ago
This is the judgement/sentence being shown while Bossen is speaking about the 1993 attempted kidnapping. Details of testimony from that victim: http://bit.ly/2EF7Oo2 #DonaldSmith #CherishPerrywinkle

First Coast News@FCN2go
1m1 minute ago
April 5, 2002 paperwork shows the release of #DonaldSmith "back into the community" after he was deemed to be fit and not meeting the criteria to be civilly committed.

First Coast News@FCN2go
43s44 seconds ago
March 20 2012 paperwork showing Smith impersonating a public employee, attempted child abuse, extortion. At this point #DonaldSmith was a repeat offender and could have gotten double the normal sentence, like he could have with the other previous charges.

Donald James Smith was detained, released under program for violent sexual predators

http://www.jacksonville.com/news/fl...etained-released-under-program-violent-sexual
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[Henry2326]

First Coast News@FCN2go

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THANK YOU SO MUCH! I really appreciate the information!!!!

Sent from my P00I using Tapatalk

 

[YESorNO]

First Coast News@FCN2go
48s48 seconds ago
Caliel will cross-examine Bossen for the State. #DonaldSmith

Eileen Kelley@reporterkell
2m2 minutes ago
Time and time again, #DonaldSmith could have received a more severe punishment than he in fact receive. "Mr Smith was able to ... fall through the cracks," attorney Michael Bossen said.

Stephanie Brown@SBrownReports
2m2 minutes ago
Bossen: "Mr. Smith was a failure of the criminal justice system" #DonaldSmith #CherishPerrywinkle

anne schindler@schindy
2m2 minutes ago
"Knowing what we know now ... this was a failure of the criminal justice system.
Mr Smith was a failure of the criminal justice system" Prosecutor Mark Caliel says #DonaldSmith @FCN2go

Law & Crime Network@LawCrimeNetwork
3m3 minutes ago
#DonaldSmith - This defense witness was called to show the system failed Smith, he shouldn't have been a free man when he killed #CherishPerrywinkle

First Coast News @FCN2go
4m4 minutes ago
Bossen is excused #DonaldSmith
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