GUILTY FL - Cherish Perrywinkle, 8, Jacksonville, 21 June 2013 #5 *GRAPHIC CONTENT*

[YESorNO]

First Coast News@FCN2go
30m30 minutes ago
Jurors will be read instructions now #DonaldSmith

anne schindler@schindy
29m29 minutes ago
We are going straight into jury instructions. This could take the better part of half and hour. Then jurors will be sent to begin deliberating #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
27m27 minutes ago
Jury is now getting instructions from the judge, and will then begin deliberating whether #DonaldSmith should receive the death penalty for the murder of 8-year-old #CherishPerrywinkle.

First Coast News@FCN2go
24m24 minutes ago
What jurors are seeing on their screen while Judge Cooper reads their instructions on deliberation. #DonaldSmith

Law & Crime Network@LawCrimeNetwork
18m18 minutes ago
#DonaldSmith wipes away tears during defense closing argument.

https://twitter.com/twitter/statuses/966722518185725952

anne schindler@schindy
13m13 minutes ago
Smith listens to the litany of his life: rape in prison, bedwetting, childhood molestations, crack addiction #Donaldsmith @FCN2go

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[Blef]

What does everyone think about the MRI readings and descriptions of the damage to his brain?

I don't feel bad for him... I don't. He made the decisions he did. Period. As the defense even stated, he knows right from wrong.

But, if this is true, and he truly does have issues with impulse control and all of that - then what's stopping us from looking at things like this in people who have offended once already, and seeing if this is the case with all, or most of them? There are SO many people out there (mostly men) that molest little girls and such, and I feel like... is there a way we can stop this? Like, if someone comes and says "I like to look at little girls" and admits that they have a problem or something, then why can't we give them an MRI and see about putting them on some sort of medication, and MONITOR their usage (make sure they are taking it) and see if we can't resolve the problem somehow.

I think it's BS.

 

[YESorNO]

anne schindler@schindy
8m8 minutes ago
#DonaldSmith sought to Baker Act himself three times -- in 2011 and twice in 2013, just days before he kidnapped and killed Cherish Perrywinkle @FCN2go

Jenese Harris@WJXTJenese
7m7 minutes ago
#donaldsmith Judge Cooper is now going over mitigating circumstances. Cooper says there needs be a correction on “BBB”. That was corrected and judge continues reading mitigating factors and instructions. @wjxt4

Jenese Harris@WJXTJenese
1m1 minute ago
#DonaldSmith Judge Cooper says verdict form is 25 pages long. @wjxt4

anne schindler@schindy
4m4 minutes ago
Anyone expecting a swift verdict: The verdict form is 25 pages long, includes mitigators, sequenced from A to PPP. Jurors must vote on each one. They must also vote on 6 aggravators. If they get thru that, they still must vote on death vs mercy. #DonaldSmith @FCN2go

anne schindler@schindy
5m5 minutes ago
12:55 Jury heads into deliberations #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
5m5 minutes ago
Jury deliberations are now getting underway to determine whether #DonaldSmith will face the death penalty for the murder of 8-year-old #CherishPerrywinkle.

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[YESorNO]

DEFENSE ASKS FOR MERCY, STATE SAYS DEATH IS JUSTICE FOR THE MURDER OF 8-YEAR-OLD CHERISH PERRYWINKLE

"Jacksonville, FL - “He made the conscious choice to end her life,” argued Assistant State Attorney Mark Caliel.

“Do we execute the mentally ill,” asked Defense Attorney Julie Schlax.

The recurring themes laid out during Thursday’s closing arguments in the penalty phase of the trial of Donald Smith. Smith was convicted last week of the 2013 kidnapping, rape, and murder of 8-year-old Cherish Perrywinkle, and could be sentenced to death for the murder charge.

While the State only presented one witness in this phase- a former victim of Smith- Caliel reminded the jury that all the evidence that led to Smith’s conviction is still in play, from the testimony of the Chief Medical Examiner and autopsy photos of Cherish, to her mother’s account of how Smith befriended and deceived her. .."

http://www.wokv.com/news/local/defe...d-cherish-perrywinkle/7saIQ0Z0gyIrUpnY2WqAuK/
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[Bravo]

Juror question

 

[Hraefn]

Lawandcrime feed came back on

ETA: False alarm. Jurors had a question but they figured it out.

 

[Bravo]

They figured it out

 

[Blef]

Stephanie Brown@SBrownReports
28m28 minutes ago
Schlax: #DonaldSmith will only leave the Department of Corrections in a pine box. The question is if that will be by a call from a higher power, or from the Governor #CherishPerrywinkle

Destiny Johnson@Hello_Destiny
28m28 minutes ago
#DonaldSmith listening to his attorney implore the jury to choose life in prison. @FCN2go

anne schindler@schindy
27m27 minutes ago
"Do I personally want to impose the death penalty? And that is an individual decision. You will not be bullied for that decision; you must make it for yourself in your own heart, our own soul. That decision will be with you for the rest of your life"#DonaldSmith @FCN2go

Destiny Johnson@Hello_Destiny
25m25 minutes ago
“We can’t escape the fact that this is a man who has walked around for his entire life with brain damage.” #DonaldSmith "This is not something Donald Smith ever chose... this is who he is."

anne schindler@schindy
23m23 minutes ago
"His brain is not like ours" Schalx tells jurors #DonaldSmith @FCN2go "He sits there vulnerable... a man who has struggled his entire life with an inability to be a functioning adult"

Stephanie Brown@SBrownReports
33m33 minutes ago
Schlax: #DonaldSmith's prior incarceration record is mitigation, it shows his inability to function as an adult #CherishPerrywinkle

Law & Crime Network@LawCrimeNetwork
33m33 minutes ago
#DonaldSmith - Defense closing argument: "...the only time Mr. Smith will the department of corrections is in a pine box. The question is will that be as a result of a call from a higher power or a call from our Governor?"
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BBM. That line there makes me so damn angry. He is not vulnerable. Cherish was vulnerable. He chose to do what he did.

 

[Bravo]

https://twitter.com/schindy/status/966745690851422209

 

[Jax49]

Jury had a question...oops, never mind...they figured it out.

Judge "They don't need us?" to general laughter.

 

[YESorNO]

Law & Crime Network@LawCrimeNetwork
1m1 minute ago

#DonaldSmith - The jury has a question. We'll take you live in the courtroom when the judge takes the bench. Watch: https://lawandcrime.com/


anne schindler@schindy
2m2 minutes ago

we are back in the courtroom to hear a question from jurors. it's 1:42 #DonaldSmith @FCN2go


kitkat240@kitkat2409
2m2 minutes ago

#DonaldSmith - The jury has a question. We'll take you live in the courtroom when the judge takes the bench. Watch: https://lawandcrime.com @cathyrusson @LawCrimeNetwork @lawcrimenews

 

[YESorNO]

Law & Crime Network @LawCrimeNetwork
1m1 minute ago
More
#DonaldSmith - False alarm. The jury "figured out" whatever they were going to ask. Back on verdict watch.

 

[jezhead]

DONALD SMITH PENALTY PHASE CLOSING ARGUMENTS PART 2
https://youtu.be/NUqSzYNQ3CQ

 

[seattlechiquita]

Listening to the prosecution's closing. Good. Very good. He does not need histrionics or dramatics. The facts speak for themselves.

 

[AmyPond]

Just sitting here with one headphone in my ear and hoping my son is able to entertain himself for a while when the jury comes back. I am anxious!

Since I am a trial newbie....

What happens after all of this? Are there victim impact (?) statements at some point?

 

[CarolinaMoon]

I'm not a fan of the death penalty for a number of reasons. But in this case, I have a feeling the jury might go for it if the mitigating factors are weaker than the aggravating factors.

I'm sure this jury, which convicted him in 15 minutes (he was so obviously guilty), will take a much longer time to consider the death penalty.

They will go through those factors and I can imagine the discussion will be difficult.

Will his brain issues hold sway. If he used that many drugs, how much of the damage did he do to himself? Then, compare his self-destructive behavior to what he did to Cherish. Which weighs more? (That's a no-brainer for me.)

 

[lonetraveler]

Was was your decision as a jury?

Not guilty verdict.

 

[TTF14]

Not guilty verdict.

Oh wow. Did you actually believe the person was innocent or did the prosecution just not prove the case?

 

[YESorNO]

What does everyone think about the MRI readings and descriptions of the damage to his brain?

I don't feel bad for him... I don't. He made the decisions he did. Period. As the defense even stated, he knows right from wrong.

But, if this is true, and he truly does have issues with impulse control and all of that - then what's stopping us from looking at things like this in people who have offended once already, and seeing if this is the case with all, or most of them? There are SO many people out there (mostly men) that molest little girls and such, and I feel like... is there a way we can stop this? Like, if someone comes and says "I like to look at little girls" and admits that they have a problem or something, then why can't we give them an MRI and see about putting them on some sort of medication, and MONITOR their usage (make sure they are taking it) and see if we can't resolve the problem somehow.

I think all murderers have damage in some way- some are "bad seeds", born that way, and some have "learned" behaviors from a life of abuse. (I'm not talking about murderers that are defending themselves tho'- that's different, IMO).

Stopping them??? I don't know if you can stop the "bad seed" murderers- medication, castration...?? Will they take their meds on their own? Probably not. Will they accept castration?? Is this moral, some will say?? Since these "bad seed" murderers don't feel what others feel, how can they change? They have no empathy- they were born that way- missing something crucial to be a moral person, IMO.

The murderers who have had an abusive upbringing- I think these people may be able to get some help to overcome their childhood abuse.

Nature/nurture???? Can children learn empathy if they don't have that capacity? Some say yes- some say no. I say yes, in a way- empathy can be "mimicked', but if push come to shove, the "bad seed" will always be there, IMO.

All..:moo:

 

[lonetraveler]

Oh wow. Did you actually believe the person was innocent or did the prosecution just not prove the case?

DNA wasn't available at that time. I really thought he was guilty but prosecution did not prove the case. Too much reasonable doubt. What made this one so difficult is that later on, this was a cold case and evidence was uncovered using DNA testing that proved him guilty.