Stephanie Brown@SBrownReports
5m5 minutes ago
Substantial debate right now because a juror has asked the Judge if he/she can ask a witness a question. State opposes, says can't start that this late in the proceeding. Defense supports, says jurors should have all the info they can. #DonaldSmith #CherishPerrywinkle
Law & Crime Network@LawCrimeNetwork
52s53 seconds ago
#DonaldSmith - Court is back in session. A jury asked if they could ask questions during this phase. The judge says yes.
Law & Crime Network@LawCrimeNetwork
7m7 minutes ago
#DonaldSmith - The defense calls a
prison expert, James Aiken. He has worked in the prison system for over 40 years.
Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#DonaldSmith - The prison expert began to talk about being in charge of executions. That prompted a long sidebar and the jury has now been sent out.
Law & Crime Network@LawCrimeNetwork
1m1 minute ago
#DonaldSmith - The prosecution objected when the defense expert said he was involved in the Prison Rape Elimination Act.
Law & Crime Network@LawCrimeNetwork
35s36 seconds ago
#DonaldSmith - We heard earlier that Smith was raped previously in prison.
Law & Crime Network@LawCrimeNetwork
53s53 seconds ago
#DonaldSmith - Defense now asking Aiken questions without the jury present .
Eileen Kelley@reporterkell
9m9 minutes ago
The jury in the #DonaldSmith case has just left the court room while attorneys and the judge hash out the testimony of James Aiken. It seems he was going to talk about what it would be like for Smith if he was among the general population -- possibly subjected to rape himself.
Bridgette Matter@bridgetteANjax
9m9 minutes ago
Aiken says #DonaldSmith's vulnerability level is high in prison, because of his age nature of the offense. @ActionNewsJax
anne schindler@schindy
8m8 minutes ago
defense witness Mr. Aiken speaking in proffer, outside of earshot of jurors. about "The convict code" and how it might affect a sex offender like #DonaldSmith "his vulnerability level is very high' .. he is a prime target"
Bridgette Matter@bridgetteANjax
7m7 minutes ago
Aiken "We have to separate him from the rest of the population. Aiken says #DonaldSmith needs to be protected in prison, because some of the other prisoners "hate" inmates with this type of record. @ActionNewsJax
Meilin Tompkins@MeilinTompkins
6m6 minutes ago
Aiken says #DonaldSmith should be separated from other inmates -- they frown on individuals with Smith's criminal background.
They call it KOS. Kill on site.
anne schindler@schindy
6m6 minutes ago
KOS -- kill on site. "this is a child killer" the lowest level and people will take you out just on that general principal, Aiken testifies @FCN2go #DonaldSmith
Eileen Kelley@reporterkell
6m6 minutes ago
"His vulnerability is very high," Aiken said.
"...They frown and that is a very light word on individuals with that type of background ( pedophile/child killer)." "In terms of prison hierarchy, Smith would be among the lowest ( and most vulnerable)" #DonaldSmith
anne schindler@schindy
4m4 minutes ago
Prosecutors say it's inappropriate to introduce testimony about what might happen to #Donaldsmith in prison as mitigating @FCN2go Def attorneys say 'anything' jurors deem mitigating is mitigation
Eileen Kelley@reporterkell
1m1 minute ago
Life or death for #DonaldSmith. Smith has told his mom, according to recorded jail conversations that he wants death because he is afraid of being raped if he is in the general population. A death sentence would keep Smith from the general population as he would be in isolation
Law & Crime Network @LawCrimeNetwork
5m5 minutes ago
Law & Crime Network Retweeted Jenese Harris
#DonaldSmith
Jenese Harris‏ @WJXTJenese
Donald Smith penalty phase: Judge Cooper says nothing about this testimony so far is relevant. Cooper: "I don't see how it is relevant to mitigation at all." Cooper wants a short recess and will review if the testimony is appropriate in a penalty phase. @wjxt4
Stephanie Brown@SBrownReports
5m5 minutes ago
Brief recess as judge considers arguments, case law on this testimony. Aiken is supposed to speak about protection #DonaldSmith would need in prison because of the nature of the offense. Question is whether that is relevant for mitigation. #CherishPerrywinkle
anne schindler@schindy
4m4 minutes ago
Fascinating legal dispute. Def attorney wants to tell jurors about harm that could come to #DonaldSmith if he is sent to prison. Prosecutors say that's not for them to consider. Judge appears to agree but has taken a 15 minute recess to mull it over @FCN2go
Eileen Kelley@reporterkell
3m3 minutes ago
Judge appears to agree with state that a jury hearing what could happen to #DonaldSmith if he is given a life term and not the death penalty is not appropriate for a jury to hear ( rape/stabbings/....) Taking a 15 minute recess while what appears to be case law is reviewed.
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