GUILTY FL - Cherish Perrywinkle, 8, Jacksonville, 21 June 2013 #3

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http://www.news4jax.com/news/local/...to-block-jail-recordings-in-donald-smith-case

A trial judge ruled to deny a motion filed by the defense team for the man accused in the 2013 kidnapping, rape and murder of 8-year-old Cherish Perrywinkle blocking jail conversations between Donald Smith and another inmate from being used in Smith's trial.

The judge ruled there's no expectation of privacy in jail, that convicted murderer Rabdall Deviney was not cooperating with the state and, in fact, did not know the conservations were being recorded.
 
Cherish's mother fights for justice, other daughters
By Scott Johnson - Reporter
Posted: 6:04 PM, October 03, 2016 Updated: 7:39 PM, October 03, 2016


JACKSONVILLE, Fla. - Three years after her daughter, Cherish, was kidnapped and killed, Rayne Perrywinkle is still awaiting justice for that girl's death while fighting to get regain custody of her other two daughters.

Perrywinkle was at the Duval County Courthouse on Monday after hearing there would be a hearing on the status of her two other daughters, who have been in foster care since shortly after Cherish's death, but she was denied entrance to the courtroom.

Perrywinkle said she has not seen her daughters since March.
 
Donald James Smith is scheduled to go on trial Jan. 17 in the abduction, rape and strangulation of 8-year-old Cherish Perrywinkle.

But the chances of actually starting on time are increasingly remote. It’s possible Smith’s trial will be indefinitely delayed Tuesday during a pretrial hearing in front of Senior Circuit Judge Mallory Cooper because of uncertainty over the status of the death penalty in Florida.
http://jacksonville.com/news/2016-1...h-perrywinkle-death-trial-faces-likely-delays
 
Accused murderer Donald Smith's trial has been delayed for the sixth time after the Florida Supreme Court ruled it would take a unanimous jury verdict to recommend the death penalty.

Smith is accused of the 2013 kidnapping, rape and murder of Cherish Perrywinkle.

Prosecutors are seeking the death penalty in Smith's case, and the Supreme Court's ruling has delayed his trial, which had been set for Jan. 17.
http://www.news4jax.com/news/donald-smith-back-in-court-first-time-since-new-death-penalty-ruling
 
jesus, why is it taking so long? (rhetorical question)
cherish would have been turning 12 by the time this gets to trial
must be very hard on her family


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Article goes into detail about the delays surrounding death penalty cases in Florida.

http://jacksonville.com/news/2016-11-17/questions-abound-death-penalty-s-future-30-cases-pending-4th-circuit

Rayne Perrywinkle has seen the death penalty trial for the man accused of abducting and having his way with her 8-year-old daughter delayed more times than she can count on one hand.

“It’s mind numbing,” Perrwinkle said, days after Donald James Smith’s trial was indefinitely delayed again last month in the strangulation of Cherish Perrywinkle. “I wish it was over and he was sitting on Death Row.”

But Smith, one of 30 people now facing a potential death sentence in St. Johns, Clay, Duval and Nassau counties, won’t go on trial in 2016, and 2017 may be a challenge.

Florida has been in a moratorium for the last year after the U.S. Supreme Court ruled the state’s death penalty sentencing process unconstitutional in January. The Legislature passed revised procedures, but the Florida Supreme Court ruled this month they were also unconstitutional.

“We’re in a state of flux right now,” said Melissa Nelson, the state attorney elect for the 4th Judicial Circuit that encompasses the three First Coast counties. “It make no sense to try cases now that could later be reversed on appeal.”

Life has not been easy for Perrywinkle since her daughter’s death. The state took away her other children and she was criticized by many for allowing her daughter to be snatched away after Smith offered to buy the family food and clothing.

Perrywinkle said she’s trying to get better, and she will feel a sense of peace if Smith lands on Death Row.

“I’ve seen him so many times now, and I’m used to seeing him from across the room [in court],” Perrywinkle said. “But when I take the stand and look at him, it’s going to be very different.”
 
A judge approved two motions Monday morning from a lawyer representing Donald Smith, the man accused of the 2013 kidnapping, rape and murder of 8-year-old Cherish Perrywinkle.

Smith's defense presented two motions in court Monday dealing with administrative costs, because he is being represented by private counsel. The judge granted the motions.
http://www.news4jax.com/news/judge-grants-2-motions-from-donald-smiths-defense

Smith is due in court Jan 25 for a status hearing.
 
7th trial date set for Donald Smith
For the seventh time, a trial date has been set for Donald Smith in the 2013 kidnap, rape and murder of Cherish Perriwinkle.

The trial is scheduled for Feb. 5, 2018.

The case had been on hold because of rulings by the U.S. Supreme Court and Florida Supreme Court that resulted in changes made to the state’s death penalty law, the key change being that death sentences require a 12-0 jury recommendation.
 
He could die of natural causes before this man comes to trial. It's been, and will be, a while before proper justice begins for little Cherish.
 
https://www.news4jax.com/news/crime/donald-smith-s-lawyers-want-to-show-photo-of-cherish-perrywinkle-to-potential-jurors

Defense attorneys for Donald Smith want to show potential jurors a photo of Cherish Perrywinkle, the 8-year-old Jacksonville girl their client is charged with abducting, raping and killing, court documents show.

Attorney Julie Schlax, who represents Smith, filed a motion Jan. 2 to present Perrywinkle's image during jury selection to help vet jurors before the high-profile trial in the hopes of finding those capable of making an informed decision about Smith's fate.

A separate motion to sequester jurors in the case was filed Friday.
 
He could die of natural causes before this man comes to trial. It's been, and will be, a while before proper justice begins for little Cherish.

If only he would ...
 
Hi friends - back from exile and trying to catch up with y'all and "my" cases. Glad to see this might go to trial next month. This sonofagun....
 
[h=1]Should autopsy photos of murdered Jacksonville girl be shown to jury?[/h]
https://www.news4jax.com/news/should-autopsy-photos-of-murdered-jacksonville-girl-be-shown-to-jury-

A man accused of kidnapping, raping and strangling an 8-year-old Jacksonville girl in 2013 doesn't want autopsy photos of Cherish Perrywinkle shown to the jury in his case.

Rao testified the photos would help the jury understand what Cherish experienced, which included blunt impact to her head that caused hemorrhaging and “tremendous injury" and bruising to her private area.
 

While I appreciate how traumatic it will be for the jury to have to see these photos I think it is absolutely necessary that they do see them to see what this did to the precious Cherish so that they can make a fully informed decision on his guilt. This case has haunted me since she went missing.
 
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