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

[rsd1200]

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So, do we know the status of the other children today? Where are they .. in foster care or will they go with family?

Following very loosely, but saw that their sis in Australia wants them. I don't really think reuniting the family, with mom, is the best for the remaining sibs considering what I have read about the circumstances in which Cherish was taken.

 

[Bravo]

Following very loosely, but saw that their sis in Australia wants them. I don't really think reuniting the family, with mom, is the best for the remaining sibs considering what I have read about the circumstances in which Cherish was taken.

A few pages back there is a link that Aunt in Australia adopted the siblings

 

[Ibiz]

The Aunt was with Rayne holding and hugging her in the court room when the vertict was read. I'm sure she still sees her kids.

 

[rsd1200]

The Aunt was with Rayne holding and hugging her in the court room when the vertict was read. I'm sure she still sees her kids.

If it's the aunt who lives in Australia, maybe not, but, seeing them, and being responsible for raising them, are two different things.

 

[Ibiz]

If it's the aunt who lives in Australia, maybe not, but, seeing them, and being responsible for raising them, are two different things.

She wasn't a bad mother. She lost custody of them because after what happened to Cherish, she had a breakdown and couldn't take care of them anymore.

Also, she has an adult daughter, who I believe helps with the kids as well.

 

[BUF]

That was a victim advocate hugging her as the verdict was read.

http://www.jacksonville.com/news/20...apping-rape-and-murder-of-cherish-perrywinkle

Perrywinkle cried on the shoulder of a victim&#8217;s advocate, one of the few constants in her life since losing Cherish Perrywinkle nearly five years ago.


The adult daughter lives in Australia, always has.

https://www.news4jax.com/news/local...r-half-sister-wants-to-adopt-younger-siblings

 

[Ibiz]

That was a victim advocate hugging her as the verdict was read.

http://www.jacksonville.com/news/20...apping-rape-and-murder-of-cherish-perrywinkle

Perrywinkle cried on the shoulder of a victim&#8217;s advocate, one of the few constants in her life since losing Cherish Perrywinkle nearly five years ago.


The adult daughter lives in Australia, always has.

https://www.news4jax.com/news/local...r-half-sister-wants-to-adopt-younger-siblings

Oh, that's to bad. I thought that was her sister. Looks like she's been all alone.

 

[lonetraveler]

Looking forward to Tuesday. I wonder if we will see even more twitching. All his power, control and evil games have been taken away.

I have to admit I truly enjoyed watching him squirm while he waited for the verdict to be read.

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[alexwood]

And sat there, like he was an impartial observer, even nodding in agreement at times, as if the verdict was not directed at him. He was able to take such control over himself so as not to show any emotion to the public (except the twitching). That lets me know that he is capable of controlling himself when he wants to.

 

[AmyPond]

I haven't been able to catch up on the thread yet. And I am still such a newbie to trials. So what exactly happens on Tuesday? Is it another trial-type set up or what? Any info would be appreciated. Thanks!

 

[Rocky1]

I haven't been able to catch up on the thread yet. And I am still such a newbie to trials. So what exactly happens on Tuesday? Is it another trial-type set up or what? Any info would be appreciated. Thanks!

Tues will be the sentencing phase.
In Fl. a defendant has to meet one of 16 aggravating factors in order to be sentenced to death. Smith meets a few of these factors.
In years past, in order to be sentenced to death in Fl, 12 members of a jury had to vote yes. A few years ago, that was challenged, and they tried to change that to only 10 members voting yes. The Supreme Court ruled against this and the old method stands. All 12 have to vote yes. (correct me if I am wrong, but I believe this is one reason this case was delayed so long) If they don't, the jury is hung, and the defendant is sentenced to life.
The governor can commute a death penalty, but there are a few rules that govern that.
It can take years before a death sentence is carried out. If I am not mistaken, Gov. Perry passed legislation a few years back to speed up the process.

 

[BUF]

Thanks for explaining...just adding a few things for Amy.

The jury will vote on the aggravators (like if the crime was heinous and cruel, there are many, from the prosecution), then there will be the mitigators (defense will try to show things to spare his life, can't imagine what) the jury will then deliberate if he will get a death sentence. If it is not a unanimous vote, he will get life.

(btw, Rick Scott is the governor of Fl since 2011-present. Perry was the governor of Texas)

 

[Rocky1]

Thanks for explaining...just adding a few things for Amy.

The jury will vote on the aggravators (like if the crime was heinous and cruel, there are many, from the prosecution), then there will be the mitigators (defense will try to show things to spare his life, can't imagine what) the jury will then deliberate if he will get a death sentence. If it is not a unanimous vote, he will get life.

(btw, Rick Scott is the governor of Fl since 2011-present. Perry was the governor of Texas)

Thank you for the correction. I got the two governors confused. They are both "Ricks." I did mean to say Scott.
Just to add:
Here is a list of the 16 aggravating factors (Chapter 941.141)
Scroll down and read section 6 A-P
I count 9 factors.
If you scroll down and read section 7 A-H, you can read the Mitigating factors that a jury would have to consider before a vote, Those would be in favor of the Defendant.
I count 0 factors.

http://www.leg.state.fl.us/statutes...ute&URL=0900-0999/0921/Sections/0921.141.html

 

[alexwood]

Thank you for the correction. I got the two governors confused. They are both "Ricks." I did mean to say Scott.
Just to add:
Here is a list of the 16 aggravating factors (Chapter 941.141)
Scroll down and read section 6 A-P
I count 9 factors.
If you scroll down and read section 7 A-H, you can read the Mitigating factors that a jury would have to consider before a vote, Those would be in favor of the Defendant.
I count 0 factors.

http://www.leg.state.fl.us/statutes...ute&URL=0900-0999/0921/Sections/0921.141.html

Thanks very much, Rocky 1. Very helpful to all of us.

 

[Henry2326]

I'm actually glad to hear that. I was wondering if that was another reason he went to trial.... to get a look at some free (in his eyes!! Not in anyone else's. I don't think I had to explain that, but you never know ).

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He has a "better" (to him) video going on in his head.

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[Henry2326]

Whoa at those videos and thanks for posting some background information.

Why on earth was this man let out in the community so freely after that 2013 incident? It’s always about migrating these back into the community and then look what happens. I can just look at the dirty bugger and tell he is a perverted psycho and I hope his life ends painfully and slow...


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Agreed....its the result of closing 1000s of mental health facilities. Other than prison there is no other place to put them. Based on laws, you have to break a law to go to jail.....but we know a select group have such serious problems that they shouldn't be let out....vicious circle with innocent victims.

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[JaxFlaGal]

Tues will be the sentencing phase.
In Fl. a defendant has to meet one of 16 aggravating factors in order to be sentenced to death. Smith meets a few of these factors.
In years past, in order to be sentenced to death in Fl, 12 members of a jury had to vote yes. A few years ago, that was challenged, and they tried to change that to only 10 members voting yes. The Supreme Court ruled against this and the old method stands. All 12 have to vote yes. (correct me if I am wrong, but I believe this is one reason this case was delayed so long) If they don't, the jury is hung, and the defendant is sentenced to life.
The governor can commute a death penalty, but there are a few rules that govern that.
It can take years before a death sentence is carried out. If I am not mistaken, Gov. Perry passed legislation a few years back to speed up the process.

Clarification from a Florida layperson - the way the death penalty used to be done in FL was that the jury would recommend it, by majority vote, and the judge was the final determiner of aggravating factors. That was struck down by the Supreme Court. The "supermajority" concept was a short-lived compromise attempt until that was also ruled against, and that resulted in the unanimous jury requirement.

As frustrating as it has been to wait for this trial, it's far better that he be tried after all of that was sorted out. If he does get the death penalty, then at least his appeal can't be based on the constitutionality of the way the sentencing decision was reached, imo. There was a risk that if he'd been sentenced to death via one of the earlier methods, then the sentence could have been overturned on appeal and he'd have ended up with life in prison anyway. MOO

 

[Henry2326]

Looking forward to Tuesday. I wonder if we will see even more twitching. All his power, control and evil games have been taken away.

Contrar my friend....power and games are still at his disposal. I'm sure his attorneys have some stories. I believe he will have the right to speak at the sentencing. Could be some drama with that.

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[YESorNO]

Donald Smith Trial: What's next?

"Anne Schindler and Ken Amaro break down the Donald Smith verdict and what is to come."

[video=youtube;EnVML4DHSuM]https://www.youtube.com/watch?v=EnVML4DHSuM[/video]
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[alexwood]

Contrar my friend....power and games are still at his disposal. I'm sure his attorneys have some stories. I believe he will have the right to speak at the sentencing. Could be some drama with that.

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Instead of swatting a fly, he spared its life.
I doubt he'll have the guts to speak at his sentencing.