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

[chihuahua]

Finished sidebar discussing his work on prison rape.
Clear to court that for defense this witness may be talking about prison rape.
Jury was excused.
State says that if witness says DS is no danger to others in prison system...he would have to be in segregation.
Says it has no bearing in deliberation.
That if saying he'd be raped in prison which is as bad as the DP inappropriate.
He is now proffering outside of the jury

 

[BUF]

Considered KOS...kill on sight

 

[chihuahua]

Says DS would be labeled KOS = kill on sight.

 

[Hraefn]

Witness testifies that DS would likely be segregated because of the types of crimes he committed the other inmates would want to do him harm.

 

[alexwood]

Look at the amount of money that has been spent on experts! But, RP couldn't afford to buy a dress for Cherish at DG.

 

[Hraefn]

Judge says nothing in this testimony so far has anything to do with the life of the defendant (which is what mitigating circumstances are all about)

 

[TTF14]

Is the jury going to be expected to give a crap whether or not this monster is susceptible to prison rape?

 

[chihuahua]

Judge says this rape testimony isn't relevant because it has nothing to do with any mitigating factor in life of defendant.

 

[alexwood]

Well, let's just let him go now. Problem solved.

 

[borndem]

Agree with the Prosecutor -- I think the probable likelihood of DS being raped by other inmates due to his crime of child killer, has absolutely nothing to do with mitigation. All the defense's argument does is state that putting DS in some type of segregation cell would be appropriate. Throw it out, Your Honor.

 

[Hraefn]

Judge - What may happen to DS in general population has nothing to do with his character.

 

[CarolinaMoon]

Judge says this is not on table at this time, inappropriate.

 

[alexwood]

Is the jury going to be expected to give a crap whether or not this monster is susceptible to prison rape?

He should be able to get as good as he gives.

 

[Hraefn]

Judge does not see how this testimony is relevant to mitigation at all.

 

[chihuahua]

Judge says she is going to take recess to consider issue. 15 mins but she's still talking and against discussing his protection in prison etc

 

[BUF]

I think this is the calmest judge I have ever seen

 

[CarolinaMoon]

But, like the good judge she seems to be, she will go back and check up on it.

 

[Hraefn]

Judge asks defense counsel to find precedent for this type of testimony during a 15 minutes recess.

 

[chihuahua]

Judge asks defense counsel to find precedent for this type of testimony during a 15 minutes recess.

Yeah good luck on that....

 

[TTF14]

Even if the judge does allow it where is the defense going with it? If he gets death he'll be segregated. It's almost as if they're saying, "he needs to be segregated, so choose death."

I'm confused.