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

[seattlechiquita]

Anyone know if the closings are archived somewhere yet?

 

[Blef]

I'm due to go on a break in 2 minutes, for 15 or so. I wonder if they will be back before I am? Justice is coming sweetheart

 

[BUF]

Judge tells alternates that she doesn't think it will be as quick as last time

Lots to fill out this time

 

[jezhead]

DONALD SMITH PENALTY PHASE - CLOSING ARGUMENTS
https://youtu.be/CNvXIo_UCq4

 

[alexwood]

He's not laughing or smiling now.

 

[lonetraveler]

I'm due to go on a break in 2 minutes, for 15 or so. I wonder if they will be back before I am? Justice is coming sweetheart

I went to put laundry into the dryer during the verdict deliberation and missed the reading of the verdict. Fastest one I've ever heard.

 

[Spellbound]

Thanks. I'm at work, trying to remember the time difference in Florida from Atlantic Canada (I think it's an hour, but I need to keep checking lol) and I can't always check twitter

Will someone let me know when they go to deliberations please?

Blef, the jury has gone to deliberate now.

I am in the same time zone as Florida and it is 1:07 pm here right now, I think you are one hour behind us? Or are you ahead.... time zones annoy me :giggle:

 

[TTF14]

This isn't going to be as quick, I don't think. I think they will eat their lunch before they come back with their decision. They must be hungry.

 

[YESorNO]

Here are the tweets from court this AM: Closing Arguments


Law & Crime Network@LawCrimeNetwork
2h2 hours ago
NOW: Closing arguments in the #DonaldSmith penalty phase. The jury will decide if he lives or dies for the rape, kidnapping and murder of #CherishPerrywinkle

Jenese Harris@WJXTJenese
2h2 hours ago
#DonaldSmith jury has entered courtroom and closing arguments will begin. @wjxt4

Destiny Johnson@Hello_Destiny
2h2 hours ago
“Mama he’s got a one hundred and fifty dollar gift card and we’re going to McDonald's. Those were the last words of Cherish Perrywinkle to her mother. Innocent, trusting.” Mark Caliel begins his closing argument #DonaldSmith

Stephanie Brown@SBrownReports
2h2 hours ago
Assistant State Attorney Mark Caliel in closing argument: "He made the conscious choice to end her life" #DonaldSmith #CherishPerrywinkle

anne schindler@schindy
2h2 hours ago
Prosecutor Caliel tells jurors '"he tried to hide what he did --but today in this courtroom he cannot hide from you what he did." @FCN2go #DonaldSmith

anne schindler@schindy
1h1 hour ago
Smith listens to state's closing argument #DonaldSmith @FCN2go

Destiny Johnson@Hello_Destiny
1h1 hour ago
The jury must agree unanimously if they are to sentence #DonaldSmith to death. @FCN2go

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel walking jurors through the process... are there aggravating factors, mitigating factors, do aggravating outweigh mitigating? Remember, jury must be unanimous to impose a death sentence #CherishPerrywinkle #DonaldSmith

Destiny Johnson@Hello_Destiny
1h1 hour ago
#DonaldSmith is as fidgety as ever. He never sits still, adjusting the way he sits, touching his face, putting his glasses on and off, adjusting his papers, etc. @FCN2go

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel: one aggravating factor- that the victim was a child- could justify the penalty in itself. State is submitting six aggravators. #CherishPerrywinkle #DonaldSmith

anne schindler@schindy
1h1 hour ago
Verbatim of Prosecutor Caliel's closing argument #DonaldSmith @FCN2go

Bridgette Matter@bridgetteANjax
1h1 hour ago
"Thankfully for Kerri- Anne, he didn't get her." #DonaldSmith Smith's conviction in Kerri-Anne's case is being used as an aggravating factor in the penalty phase by the State. @ActionNewsJax

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel recounting the testimony of a woman who #DonaldSmith attempted to kidnap when she was 13. Another testified "what was he going to do when he got her" #CherishPerrywinkle
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[YESorNO]

Destiny Johnson@Hello_Destiny
1h1 hour ago
#DonaldSmith writing a note to his attorney Charles Fletcher.

Stephanie Brown@SBrownReports
1h1 hour ago
#DonaldSmith is writing notes and passing to his attorneys while listening to the closing argument from Caliel #CherishPerrywinkle

anne schindler@schindy
1h1 hour ago
Caliel asks jurors to consider "how much she suffered at the hands of this man" "He killed her to silence her" @FCN2go #DonaldSmith

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel: even if #DonaldSmith didn't kill #CherishPerrywinkle, he would have been facing life in prison. He killed her to silence her.

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel: #DonaldSmith's impulse control problems corresponded to his pedophilia, the murder of #CherishPerrywinkle was to avoid capture.

Destiny Johnson@Hello_Destiny
1h1 hour ago
"The impulse control [issue] was the rape, the murder was his conscious choice to eliminate a witness. To ensure Cherish could not sit in that witness chair and point him out like Kerri-Anne Buck did." #DonaldSmith

First Coast News@FCN2go
1h1 hour ago
"The impulse control [issue] was the rape, the murder was his conscious choice to eliminate a witness. To ensure Cherish could not sit in that witness chair and point him out like Kerri-Anne Buck did." #DonaldSmith

Destiny Johnson@Hello_Destiny
1h1 hour ago
"She knew what was happening to her. She knew she was going to die and she tried to fight it with every strength that she had and she couldn’t." #DonaldSmith

Jenese Harris@WJXTJenese
1h1 hour ago
#DonaldSmith Closing arguments: Caliel reminds jury of Dr. Rao's testimony. Caliel recaps the graphic details of how Smith raped Cherish. Caliel "just how she died...cries out for the death penalty" @wjxt4

Destiny Johnson@Hello_Destiny
1h1 hour ago
More
"Heinous atrocious and cruel? I think those words do not give justice to what happened to that little girl when she was raped and when she was killed." #DonaldSmith

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[YESorNO]

anne schindler@schindy
1h1 hour ago
"8 years old frightened scared alone, and he did things that she probably didn’t even understand -- that an 8 year old can’t understand," Caliel tells jurors crime "Cries out for the death penalty" #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel: "Heinous, atrocious, and cruel... I think those words do not do justice to what happened" to #CherishPerrywinkle. #DonaldSmith

Stephanie Brown@SBrownReports
1h1 hour ago
Caliel: "Lie, after lie, after lie"- #DonaldSmith plotted and lied to #CherishPerrywinkle's mom, showing control of his impulses while waiting and gaining their trust.

First Coast News@FCN2go
1h1 hour ago
There was no gift card, he [#DonaldSmith] used the appearance of being generous and took advantage of their [Perrywinkle family] need and he gained their trust. #DonaldSmith

Destiny Johnson@Hello_Destiny
59m59 minutes ago
Caliel is making the argument that all the time that #DonaldSmith spent with Cherish/waiting for them outside the Dollar General shows control over his impulses. He says this crime was calculated. @FCN2go

anne schindler@schindy
59m59 minutes ago
“Not impulsive: Reflective. Calculated.” Caliel notes that #DonaldSmith didn’t molest #CherishPerrywinkle in the Walmart dressing room, he waited. @Fcn2go

Stephanie Brown@SBrownReports
57m57 minutes ago
Caliel: "This was hours of reflection and planning to get what he wanted". Cold and calculating. #CherishPerrywinkle #DonaldSmith

Stephanie Brown@SBrownReports
53m53 minutes ago
Caliel on mitigation: just because a fact has been presented to you, doesn't mean that it's a mitigating circumstance. You decide what should be given weight in determining if #DonaldSmith should face the death penalty #CherishPerrywinkle

anne schindler@schindy
53m53 minutes ago
Caliel tells jurors that "just because it’s a fact doesn’t mean it’s a mitigating factor ..mitigation is that something that indicates the death penalty is not appropriate" He says the fact #DonaldSmith's mother was 17 when he was born is a fact, but not a mitigator @FCN2go

Jenese Harris@WJXTJenese
50m50 minutes ago
#DonaldSmith Closing arguments: Caliel explains aggravating factors which is why he reviewed the six factors that suggest the death penalty, while the defense (yesterday) presents mitigating factors that could lead the jury to decide against the death penalty. @wjxt4
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[keyleigh]

Thank goodness that part is over. If I heard about poor Donnie not being able to have a job etc I was going to scream. Cherish didn’t get to chose a job, Cherish won’t go to prom, or have fun heading off to college.

 

[lonetraveler]

This isn't going to be as quick, I don't think. I think they will eat their lunch before they come back with their decision. They must be hungry.

I served as a juror on a death penalty trial. It lasted for over seven weeks. The jury was in that little jury room for long periods of time during those seven weeks while Defense and State were arguing in side bars with judge. We got to know each other and so when we were finally released to deliberate, we ate lunch, voted, got each other's names and contact information. One juror got her hair trimmed by beautician Juror, LOL.
You actually bond during this time. Things can also be volatile during discussion on verdicts and sentencing.

 

[YESorNO]

First Coast News@FCN2go
49m49 minutes ago
Caliel split the witnesses of the last week into two categories: “Witnesses who told you say, and witnesses who told you what they want you to believe.” #DonaldSmith

Jenese Harris@WJXTJenese
43m43 minutes ago
#DonaldSmith Closing arguments: Caliel "Dr. Colino, I guess he changes his testimony if he has the flu..." Referring to Colino saying he only had two days to prepare and contradicting his testimony in court. @wjxt4

Stephanie Brown@SBrownReports
43m43 minutes ago
Caliel: You decide if the expert witnesses have expertise in the areas they testified to. Dr. Colino appeared to change his testimony depending on if he had the flu. #DonaldSmith #CherishPerrywinkle

Stephanie Brown@SBrownReports
41m41 minutes ago
Caliel: #DonaldSmith told the different expert witnesses different things, "Garbage in, garbage out". #CherishPerrywinkle

First Coast News@FCN2go
38m38 minutes ago
“Garbage in, garbage out, if it was coming from him," Caliel said while pointing to #DonaldSmith about what Smith told witnesses, who testified to it specific to his drug use and psychiatric issues. "it couldn’t be trusted.”

Jenese Harris@WJXTJenese
37m37 minutes ago
#DonaldSmith Closing arguments: Caliel says Smith told Dr. Buffington and Dr. Sesta was told two different things. Dr. Wu concluded information from Donald Smith's brain scans, but that's not enough to conclude for a doctor that never met Smith said Caliel. @wjxt4

Stephanie Brown@SBrownReports
37m37 minutes ago
Caliel: None of the experts "bothered to ask" #DonaldSmith what happened the night of #CherishPerrywinkle's murder. How do they know if he was acting on impulse or choice if they don't ask.

Stephanie Brown@SBrownReports
32m32 minutes ago
Caliel: The decision to impose the death penalty could mean #DonaldSmith's son would lose his father, but you shouldn't consider that, just like you shouldn't consider your sorrow for #CherishPerrywinkle's mom. It's a legal decision.

Jenese Harris@WJXTJenese
25m25 minutes ago
#DonaldSmith Closing arguments: You are not here to sentence for the kidnapping or the rape... you are here to sentence him on the murder of Cherish Perrywinkle... The murder was a result of his sociopath behavior. @wjxt4

Stephanie Brown@SBrownReports
24m24 minutes ago
Caliel: You are sentencing #DonaldSmith on the murder of #CherishPerrywinkle- "Her murder was not impulse control, it was the result of his sociopathic behavior."

Destiny Johnson@Hello_Destiny
24m24 minutes ago
Caliel tells the jury they are not here to make the life/death call on the kidnapping or rape of Cherish, those do not warrant death, but the murder of Cherish. Witness testified his impulse control relates to his sexual desires. Caliel says the murder was calculated #DonaldSmith
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[YESorNO]

Destiny Johnson@Hello_Destiny
21m21 minutes ago
The aggravators presented and proven to the jury: “Tells you in your soul, in your heart, in your mind what the right sentence is.” #DonaldSmith

Law & Crime Network@LawCrimeNetwork
20m20 minutes ago
#DonaldSmith - During prosecution closing argument the jury is told they are there to sentence for the murder, not the rape or kidnapping.

anne schindler@schindy
18m18 minutes ago
"your decision should be clear, your decision should be unwavering" Caliel tells jurors #DonaldSmith @FCN2go

Destiny Johnson@Hello_Destiny
17m17 minutes ago
Donald Smith is not deserving of your mercy. Caliel said pointing to Smith. #DonaldSmith

Stephanie Brown@SBrownReports
16m16 minutes ago
Caliel: "It's your right as a juror to show mercy" but "#DonaldSmith is not deserving of your mercy" #CherishPerrywinkle

Destiny Johnson@Hello_Destiny
14m14 minutes ago
Caliel showed this photo to the jury, the photo they saw at the beginning of trial. Then showed the last photos of Cherish which were crime scene photos documenting the trauma to her body. #DonaldSmith

anne schindler@schindy
14m14 minutes ago
Caliel shows jurors the first picture they saw of Cherish Perrywinkle, then contrasts with pics of her dead body. Several jurors are crying and wiping tears @FCN2go #DonaldSmith

Jenese Harris@WJXTJenese
12m12 minutes ago
#Donaldsmith Closing arguments: @SAO4Florida Caliel "The death penalty is appropriate. The death penalty is just and the death penalty is what he (Donald Smith) deserves for what he did to that little girl. It's what he deserves." @wjxt4

Law & Crime Network@LawCrimeNetwork
11m11 minutes ago
#DonaldSmith - Prosecution closing arguments are over. Short break before defense begins.
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[YESorNO]

anne schindler@schindy
38m38 minutes ago
Defense about to begin closing arguments. Julie Schlax will present #DonaldSmith @FCN2go

First Coast News@FCN2go
36m36 minutes ago
Julie Schlax begins her closing argument: "You now are a the point where you hold the greatest power in your hands you’ll ever have. It is an awesome responsibility, and it is an incredible burden." #DonaldSmith

Destiny Johnson@Hello_Destiny
34m34 minutes ago
“Do we execute the mentally ill?” asks Schlax. #DonaldSmith

Stephanie Brown@SBrownReports
34m34 minutes ago
Schlax: #CherishPerrywinkle got justice last week when you convicted. You're conviction means #DonaldSmith is being held accountable and will never walk among the public.

anne schindler@schindy
34m34 minutes ago
"Every single person in this room -- I would submit even Donald Smith -- is angered by what we heard" Schlax tells jurors. "One question: do we execute the mentally ill. Do we?" @FCN2go #DonaldSmith

Law & Crime Network@LawCrimeNetwork
34m34 minutes ago
#DonaldSmith - Defense: "You can't base your decision on the anger you feel."

anne schindler@schindy
32m32 minutes ago
"You hold the greatest power in your hands you will ever have: the power over when someone lives or dies. it is an awesome responsibility and an incredible burden" Schlax tells jurors #DonaldSmith @FCN2go

Stephanie Brown@SBrownReports
31m31 minutes ago
Schlax: Even if you find all aggravating factors and no mitigating factors, you still have the moral ability to say you don't want to impose the death penalty #DonaldSmith #CherishPerrywinkle

Destiny Johnson@Hello_Destiny
29m29 minutes ago
Seeking death/life: "And that is an individual decision for each of you. You must make it for yourself in your own hearts and your own souls for that decision will be with you for the rest of your life," said Schlax #DonaldSmith
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[YESorNO]

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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[YESorNO]

anne schindler@schindy
33m33 minutes ago
"His brain doesn't connect with people... this is a man who back in the 70s when he was just 17 yeras old is diagnosed as antisocial and a pedophile ... He didn't ask to be that way. He was born that way." #donaldSMith @FCN2go

Stephanie Brown@SBrownReports
32m32 minutes ago
Schlax: #DonaldSmith is sick, "he didn't ask to be that way, he was born that way". "He can't control those impulses" #CherishPerrywinkle

First Coast News@FCN2go
32m32 minutes ago
He is someone who cannot have normal human connections or empathy “because he is sick” he didn’t ask to be this way, he was born this way. #DonaldSmith

anne schindler@schindy
31m31 minutes ago
"He knows he can't fight his urges. He's sick" #DonaldSmith @FCN2go

Destiny Johnson@Hello_Destiny
31m31 minutes ago
Schlax: “This is a man who has been tormented by his own brain." #DonaldSmith

anne schindler@schindy
29m29minutes ago
"not one friend walked into this courtroom. not one person willing to stand up and say I’m close to #DonaldSmith" @FCN2go

First Coast News@FCN2go
28m28 minutes ago
Put the prior convictions before the court to show “A man who was never able to accomplish anything but criminal behavior because he is sick.” #DonaldSmith

anne schindler@schindy
22m22 minutes ago
"Would killing #DonaldSmith make our world a better place?" Schalx asks jurors @FCN2go

Stephanie Brown@SBrownReports
22m22 minutes ago
#DonaldSmith appears to have shed a few tears as his defense attorney describes the "torment" in his mind- "Would killing Donald Smith make this world a better place?" #CherishPerrywinkle

Stephanie Brown@SBrownReports
19m19 minutes ago
Schlax: "You don't turn mental illness off", you can't wake up one day and say you're going to stop a crack addiction. Confinement is the only option #DonaldSmith #CherishPerrywinkle

First Coast News@FCN2go
18m18 minutes ago
“Mercy is what you give even when someone doesn’t deserve it.” #DonaldSmith

Stephanie Brown@SBrownReports
17m17 minutes ago
Schlax: "Mercy is something you give, even when someone doesn't deserve it". #DonaldSmith has an "inherent flaw", a mental illness #CherishPerrywinkle

Jenese Harris@WJXTJenese
17m17 minutes ago
#Donaldsmith closing arguments - As the Defense talks about Smith mental illness and childhood, Smith begins to cry. @wjxt4

anne schindler@schindy
31m31 minutes ago
"mercy is something we give even when someone doesn’t deserve it" Schlax tells jurors. Not all are making eye contact with her @FCN2go #DonaldSmith

First Coast News@FCN2go
30m30 minutes ago
“I urge you... for life imprisonment without any possibility of parole that you will never regret.” Schlax said before ending her closing argument. #DonaldSmith

anne schindler@schindy
30m30 minutes ago
"Vote for life in prison without the possibility of parole.," Schlax tells jurors. "You will never regret it." @FCN2go #DonaldSmith
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[TTF14]

I served as a juror on a death penalty trial. It lasted for over seven weeks. The jury was in that little jury room for long periods of time during those seven weeks while Defense and State were arguing in side bars with judge. We got to know each other and so when we were finally released to deliberate, we ate lunch, voted, got each other's names and contact information. One juror got her hair trimmed by beautician Juror, LOL.
You actually bond during this time. Things can also be volatile during discussion on verdicts and sentencing.

Was was your decision as a jury?

 

[leyash]

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.