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

[BUF]

Thanks to all my fellow WS members who stayed with us throughout this difficult ordeal. I sincerely hope I didn't offend anyone with my comments.

Not at all axelwood. Thank you all...it's been a great group to share this with.

 

[CarolinaMoon]

Here is an explanation of the Spencer Hearing:

https://www.kevinkuliklaw.com/the-right-to-a-spencer-hearing-in-florida-death-penalty-cases/

What Is a Spencer Hearing?

A Spencer hearing, named for the 1993 case of Spencer v. Florida, is an opportunity for the defendant’s lawyers to present additional evidence to the judge before a sentence is entered. In that case, the Florida Supreme Court ruled that a trial judge is required to hold a hearing at which the defendant receives an opportunity to be heard before imposing a death sentence. In addition, when appropriate, the defendant has the opportunity to present any additional evidence, and both sides get to comment on the recommended sentence. Finally, the defendant him- or herself has the right to speak at a Spencer hearing.
Typically, trial lawyers use Spencer hearings as an opportunity to argue either that there are mitigating factors suggesting that the death penalty is not warranted or that there is additional evidence supporting reasonable doubt as to their client’s guilt. In Mr. Tundidor’s case, the attorneys are going to use the latter tactic (perhaps because they believe that arguing for the existence of mitigating factors in a murder case is not likely to succeed).

 

[Jax49]

What Is a Spencer Hearing?
A Spencer hearing, named for the 1993 case of Spencer v. Florida, is an opportunity for the defendant’s lawyers to present additional evidence to the judge before a sentence is entered. In that case, the Florida Supreme Court ruled that a trial judge is required to hold a hearing at which the defendant receives an opportunity to be heard before imposing a death sentence. In addition, when appropriate, the defendant has the opportunity to present any additional evidence, and both sides get to comment on the recommended sentence. Finally, the defendant him- or herself has the right to speak at a Spencer hearing.

 

[seattlechiquita]

DS: "Well, alrighty then. I guess we can call it a day."

Acts as if nothing affects him.

Because nothing does. I've only been listening to the trial for 3 days and had to step away a couple of times because I couldn't take it. This guy, he has ZERO empathy, for anyone.

 

[NewMama]

Thanks to all my fellow WS members who stayed with us throughout this difficult ordeal. I sincerely hope I didn't offend anyone with my comments.

Was just going to come thank you guys for committing your time to following this trial and keeping the thread updated. I preferred to follow your updates rather than MSM. The occasional levity was well-delivered, IMO.

 

[YESorNO]

Here are the last tweets from court today:


First Coast News@FCN2go
8m8 minutes ago
Jury has a verdict in the Donald Smith case. #DonaldSmith

anne schindler@schindy
4m4 minutes ago
By my count, this was a 2 hour & 10 minute verdict. #DonaldSmith @FCN2go

Bridgette Matter@bridgetteANjax
2m2 minutes ago
#DonaldSmith has been brought into the courtroom. @ActionNewsJax

anne schindler@schindy
2m2 minutes ago
Smith walks in with an easy gait, looks a little flushed, raises his eyebrow at his attorneys. #Donaldsmith #Verdict @FCN2go

anne schindler@schindy
3m3 minutes ago
Rayne Perrywinkle enters the courtroom in a pink dress, glares at #DonaldSmith @FCN2go

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#DonaldSmith looking very relaxed as he's about to learn his fate.

anne schindler@schindy
51s51 seconds ago
Very important there be no audible response or physical one Judge Cooper says #DonaldSmith @FCN2go

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#DonaldSmith - Judge has taken the bench. She admonishes the gallery about outbursts. Jury now coming in.

First Coast News@FCN2go
2m2 minutes ago
Jury has entered. #DonaldSmith

anne schindler@schindy
53s53 seconds ago
Jurors all nod and say yes when asked if they've reached a verdict. Two jurors just smiled and exchanged a small hand touch w each other. Smith is jiggling his leg nervously @FCN2go #DonaldSmith
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[4SAM]

Sweet justice. I have been holding my breath waiting for the verdict of DEATH. I can exhale now. Justice has been served.

 

[Hraefn]

O.K. So how long before he is actually given the lethal injection?

I've been trying to find an average length of death row in FL, but so far unsuccessful. The 3 executed in 2017 had been on death row for decades.

Patrick Charles Hannon - sentenced to death August 5, 1991 - executed November 8, 2017
Michael Ray Lambrix - sentenced to death March 22, 1984 - executed October 5, 2017
Mark James Asay - sentenced to death November 18, 1988 - executed August 24, 2017

 

[YESorNO]

anne schindler@schindy
7m7 minutes ago
Jurors vote guilty on all 6 aggravators including "heinous atrocious or cruel" #DonaldSmith @FCN2go This is the first section of verdict form. Death is the 6th section

Jenese Harris@WJXTJenese
5m5 minutes ago
#donaldsmith Jury decides Donald Smith should get death penalty. @wjxt4

anne schindler@schindy
5m5 minutes ago
The only mitigator the Jury has granted #DonaldSmith so far is his age. Rejecting all his claims of suffering abuse, deprivation as a child @FCN2go

anne schindler@schindy
2m2 minutes ago
Smith reacts to reading of jury verdict form #DonaldSmith @FCN2go

Law & Crime Network@LawCrimeNetwork
55s56 seconds ago
#DonaldSmith - No verdict yet. Judge reading long list of mitigating factors. So far jury only said yes to his age.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

anne schindler@schindy
2m2 minutes ago
Jurors acknowledge a second mitigator -- that his son developed a relationship with him in jail #DonaldSmith @FCN2go Smith reacts to the reading

Jenese Harris@WJXTJenese
39s39 seconds ago
#donaldsmith Clarification- the jury decision for the aggravators and mitigation is being read not the verdict. Still listening until the end for verdict. @wjxt4

Law & Crime Network@LawCrimeNetwork
1m1 minute ago
#DonaldSmith - The jury has now said yes to 2 mitigating factors. His age and developed a relationship with son while he's been in jail.

anne schindler@schindy
2m2 minutes ago
Smith sentenced to death #Donaldsmith @FCN2go

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[Hraefn]

What's a Spencer Hearing? TIA!

The defense gets one last chance to persuade the judge before the sentence is officially entered. The state and defense get to comment on the jury's recommended sentence. And the defendant gets a chance to speak. http://www.kevinkuliklaw.com/the-right-to-a-spencer-hearing-in-florida-death-penalty-cases/

 

[blue22]

Nothing could ever bring back what this monster has taken from so many. Nothing could ever repair what he has destroyed. I'm happy that maybe a little bit is still right with our world and our justice system. There is work to do in our justice system in regards to sex offenders, but today it did right in this verdict. Proud of the jury.

 

[YESorNO]

anne schindler@schindy
3m3 minutes ago
Rayne Perrywinkle is sobbing #DonaldSMith @FCN2go

Jenese Harris@WJXTJenese
1m1 minute ago
#donaldsmith Jury says Donald Smith should be sentenced to death. Rayne Perrywinkle begins to cry. Each juror says yes to their decision. One juror begins to cry. @wjxt4

anne schindler@schindy
1m1 minute ago
Jurors are crying. #Donaldsmith @FCN2go

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#DonaldSmith showed no reaction to the death sentence.

anne schindler@schindy
56s56 seconds ago
Jurors have been discharged. Court is still in session. @NewsShelby #DonaldSmith @FCN2go A Spencer Hearing is set for March 28 9 am in courtroom 406. That is where victim impact information will be put before judge

Law & Crime Network@LawCrimeNetwork
6m6 minutes ago

#DonaldSmith - Rayne Perrywinkle following the death sentence of her daughter's killer. #DonaldSmith

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#CherishPerrywinkle's mother leaving the courtroom. #DonaldSmith

https://twitter.com/twitter/statuses/966777697748660224

Beth Rousseau@BethANJax
56s56 seconds ago
#DonaldSmith's case is the first to be tried start to finish in the 4th Judicial Circuit since the U.S. Supreme Court ruled that all 12 jurors must UNANIMOUSLY agree on the death penalth.
---------------------------------------------------------------------------------------------------------------------------------------------

https://twitter.com/hashtag/donaldsmith?f=tweets&vertical=default&src=hash
---------------------------------------------------------------------------------------------------------------------------------------------

RIP little girl...:candle:...:rose:

 

[YESorNO]

DONALD SMITH TRIAL - VERDICT - #CHERISHPERRYWINKLE

[video=youtube;CbZbY4SKOfQ]https://www.youtube.com/watch?v=CbZbY4SKOfQ[/video]
---------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Cherish Perrywinkle Memorial

[video=youtube;yjKglShesAk]https://www.youtube.com/watch?v=yjKglShesAk[/video]
--------------------------------------------------------------------------------------------------------------------

 

[BUF]

And as this trial ends, I just got an Amber Alert on my phone...Florida

It never ends...

 

[TTF14]

And as this trial ends, I just got an Amber Alert on my phone...Florida

It never ends...

That just gave me chills .

 

[seattlechiquita]

And as this trial ends, I just got an Amber Alert on my phone...Florida

It never ends...

I am so sad that you are so right.

 

[alexwood]

I've been trying to find an average length of death row in FL, but so far unsuccessful. The 3 executed in 2017 had been on death row for decades.

Patrick Charles Hannon - sentenced to death August 5, 1991 - executed November 8, 2017
Michael Ray Lambrix - sentenced to death March 22, 1984 - executed October 5, 2017
Mark James Asay - sentenced to death November 18, 1988 - executed August 24, 2017

Thanks again, SBHack, for your wise counsel. It was very much appreciated.

 

[blue22]

And as this trial ends, I just got an Amber Alert on my phone...Florida

It never ends...

My god. It never does.