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

[Jax49]

[FONT=&amp]https://twitter.com/WJXTChris/status/962053355920023553

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[FONT=&amp]Jury selection for #DonaldSmith has wrapped up. A panel of 12 jurors and 4 alternates has been sat. Jury makeup is 8 African American women, one Hispanic woman, 3 white women, and 4 white men. @wjxt4

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• News4Jax.com will stream gavel-to-gavel coverage once a jury is seated.

 

[alexwood]

We have a jury!!!

[FONT=&]https://twitter.com/wjxt4/status/962059678212485121

[/FONT][FONT=&]BREAKING | Jury seated in high-profile murder trial of Donald Smith, jurors told case will be 'gut-wrenching' (@WJXTJenese & @WJXTChris) -- http://bit.ly/2H5981e
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Great news!

 

[alexwood]

This jury is worth its weight in gold. I think they should be sequestered. Can you imagine a mistrial, or something happening to the jurors, and having to start over again!

 

[Tealgrove]

This case makes me positively sick. Even death is too good for this .

I'm not sure I can hear what he did to Cherish. That poor child. My heart breaks every time I hear her name.

 

[alexwood]

We have a jury!!!

[FONT=&]https://twitter.com/wjxt4/status/962059678212485121

[/FONT][FONT=&]BREAKING | Jury seated in high-profile murder trial of Donald Smith, jurors told case will be 'gut-wrenching' (@WJXTJenese & @WJXTChris) -- http://bit.ly/2H5981e
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"Circuit Judge Mallory Cooper is expecting that opening statements will begin Monday morning."


https://www.news4jax.com/news/donal...-kidnapping-rape-murder-trial-of-donald-smith

 

[Jax49]

http://www.firstcoastnews.com/article/news/breaking-jury-selected-in-donald-smith-trial/77-516768879

"Most of the jurors rated themselves a 2.5 or 3 on a scale of 1 to 5 in support of the death penalty."

 

[bleuboy]

This case makes me positively sick. Even death is too good for this .

I'm not sure I can hear what he did to Cherish. That poor child. My heart breaks every time I hear her name.

This has been the longest of waits for this trial. I really feel the jury members should be offered counciling after seeing any hearing about poor cherish. He doesn't deserve to breath the same air as everybody else.
Thanks for the updates.

 

[alexwood]

This has been the longest of waits for this trial. I really feel the jury members should be offered counciling after seeing any hearing about poor cherish. He doesn't deserve to breath the same air as everybody else.
Thanks for the updates.

You are right, blueboy.

And, where are my manners?
Thank you Jax49 for all of your updates!

 

[Jax49]

You are right, blueboy.

And, where are my manners?
Thank you Jax49 for all of your updates!

You're more than welcome and thank you to the others who've updated us.

Not sure I can watch the trial -- this one really hit me hard, well hit everyone hard actually.

Those poor jurors, court staff, media etc. They can't turn it off. I'd need serious help if I was locked in that courtroom. I was called for jury duty a couple months ago so serving has been on my mind.

moo

 

[alexwood]

You're more than welcome and thank you to the others who've updated us.

Not sure I can watch the trial -- this one really hit me hard, well hit everyone hard actually.

Those poor jurors, court staff, media etc. They can't turn it off. I'd need serious help if I was locked in that courtroom. I was called for jury duty a couple months ago so serving has been on my mind.

moo

Will it be televised?

 

[Jax49]

Will it be televised?

I'm not sure. But it will be online.

• News4Jax.com will stream gavel-to-gavel coverage once a jury is seated.

 

[alexwood]

I wonder if "Smith" is his real name, or did he change it at some point? Just curious.

 

[AmyPond]

I hadn't heard of this case until someone mentioned it on Nicole Lovell's thread today. I read the basics and I'm already so sad. I will definitely be following this case. Heartbreaking stuff though. Watching her walk out the door in that video was upsetting.

 

[Blef]

12 women on the panel. For me that's a good sign that this won't get away with this. Not that men don't or can't get outraged at what the did, but I think women in particular will get VERY VERY angry at what he did to Cherish.

 

[iamnotagolem]

I just wanted to include this so we know what he was charged with....

Donald James Smith, 61, faces charges of first-degree murder, kidnapping and sexual battery. If convicted, he faces the death penalty.

http://people.com/crime/florida-donald-smith-trial-for-killing-cherish-perrywinkle/


I hope he gets the maximum penalty; however, I would not be surprised if he's found not guilty of kidnapping. I followed this case from the beginning and I don't think I'd find him guilty of kidnapping. Mostly because I've never believed he took her, <modsnip> I do think he'll be found guilty of murder & sexual assault.

JMO & all that

 

[alexwood]

I just wanted to include this so we know what he was charged with....

Donald James Smith, 61, faces charges of first-degree murder, kidnapping and sexual battery. If convicted, he faces the death penalty.

http://people.com/crime/florida-donald-smith-trial-for-killing-cherish-perrywinkle/


I hope he gets the maximum penalty; however, I would not be surprised if he's found not guilty of kidnapping. I followed this case from the beginning and I don't think I'd find him guilty of kidnapping. Mostly because I've never believed he took her, <modsnip> I do think he'll be found guilty of murder & sexual assault.

JMO & all that

I also think that the kidnapping charge will be problematic. My reasoning is that Cherish was seen (on camera) voluntarily walking out the door of the Wal-Mart, a few steps behind him. He is not holding her arm, or touching her in any way, or seeming to force her out the door with him. And if that charge doesn't stick, then he won't be eligible for the death penalty, correct?

<modsnip>

Not trying to dispute you or argue against your position at all. Just wondering if I am understanding correctly.

 

[Ibiz]

I also think that the kidnapping charge will be problematic. My reasoning is that Cherish was seen (on camera) voluntarily walking out the door of the Wal-Mart, a few steps behind him. He is not holding her arm, or touching her in any way, or seeming to force her out the door with him.

I would think that any reasonable person would agree that at some point she did not want to be in the company of this man. That would = kidnapping.

The mother did not give Smith the permission to leave the store with Cherish. Also, he would have to of used some kind of ruse to get her to follow him out of the store. That would also = kidnapping.

The prosecutor should have no problem proving to the jury that Smith abducted/kidnapped Cherish.

 

[Kavya01]

I would think that any reasonable person would agree that at some point she did not want to be in the company of this man. That would = kidnapping.

The mother did not give Smith the permission to leave the store with Cherish. Also, he would have to of used some kind of ruse to get her to follow him out of the store. That would also = kidnapping.

The prosecutor should have no problem proving to the jury that Smith abducted/kidnapped Cherish.

This.

Also, prayers, to Cherish' family and the jurors, as they are embarking on their journey through this nightmare. I cannot follow too closely because too emotional, I will just peek in now and again for updates. I wish the prosecution and jurors, the Judge, all the court personnel in that room, and specially Cherish' family, the strength and courage to bear it all.
I'll do a kindness tomorrow to a child, In Cherish' name.

 

[mpnola]

He should plead guilty and stop this madness.

As someone else explained, kidnapping does not have to be a forceable taking. It is confining someone after they want to leave. I could go on a date willingly, but if he brings me to his house and won't let me leave and holds me when I want to go, it's kidnapping.

He took her away from a premises and withheld her from her guardian. That's kidnapping.

I can still see her hesitating leaving that store. It breaks my heart knowing what was to come. Monster. True monster.

Sent from my SM-G900V using Tapatalk

 

[Ibiz]

He should plead guilty and stop this madness.

Those are my thoughts as well. I'm sure with the mounds of evidence against him, he certainly would not have been offered any kind of plea deal. He would probably fair better in a one hour bench trial then he will sitting in front of a jury.

My guess is that he wants the publicity.