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

[alexwood]

Something was making me think that he actually saw them way before that, and that's why he removed the back seat from the van because he knew he was going to have to have room for the stroller.

You want to know something, Ibiz, I had a very similar thought. I think the seats were removed that very day. His roommate, who lived at DS mother's house too, said that he had helped him take those seats out. They often walked to places to shop because they didn't have a vehicle. He could have been "stalking" them, just waiting for the right opportunity to pounce.

 

[alexwood]

I wondered about that space for the stroller too. All the time me and hubby were watching them in Walmart I was shouting. I believe rayne was targeted if not before dollar store then inside that store when she was shopping. Watching rayne, and I'm not bashing but all 3 of the children were wandering off everywhere in different isles. I think DS was looking for someone like this who he could take advantage of. This was well planned in my opinion. Did anyone else notice on the Walmart video DS walking off on his own and then you see him shown walking the full length of the shop. I think he was looking at McDonalds and checking when it closed so that when he took cherish there he would have an excuse to leave.

Jacksonville should be really proud of all these brave quick thinking witnesses.

I did notice all the walking DS did -- from one end of the store to the other and back again. And I think you're right about the McDonald's closing and it appears that he is talking to Cherish and probably convinces her that it is alright for them to briefly run down to another McDonald's nearby that is still open. Then bring the cheeseburgers back for her mom and sisters. Very calculating on his part. Laying a trap.

 

[Ibiz]

You want to know something, Ibiz, I had a very similar thought. I think the seats were removed that very day. His roommate, who lived at DS mother's house too, said that he had helped him take those seats out. They often walked to places to shop because they didn't have a vehicle. He could have been "stalking" them, just waiting for the right opportunity to pounce.

Yep! At different times he saw them walking to or from the DG, and somewhat stalked them, and he took time to hash out his plan as to how he would get them into his van.

Also, I wonder about the bundle of rope that police took a photo of on the walmart counter. Was his plan "B" to kidnap the whole family, and use the rope to tie them up?

 

[alexwood]

Yep! At different times he saw them walking to or from the DG, and somewhat stalked them, and he took time to hash out his plan as to how he would get them into his van.

Also, I wonder about the bundle of rope that police took a photo of on the walmart counter. Was his plan "B" to kidnap the whole family, and use the rope to tie them up?

That rope also stumps me. It sure seems like there would have been plenty enough rope for all of them. But, since he was able to go with plan "A", abducting 1 lone child (which is the only one he wanted anyway), the rope wasn't necessary.

Which strikes me that he is a cheap "esso-bee" as borndem would say -- least I think it's borndem! Did he ever buy her anything at Dollar General? I don't think so, or did he? I know she I think said she bought a few "household" items, but I don't think he bought one damned thing for any of them.

 

[BUF]

You want to know something, Ibiz, I had a very similar thought. I think the seats were removed that very day. His roommate, who lived at DS mother's house too, said that he had helped him take those seats out. They often walked to places to shop because they didn't have a vehicle. He could have been "stalking" them, just waiting for the right opportunity to pounce.

Here's that guy talking about helping him take the seat out of his van.
https://soundcloud.com/first-for-you/911-tip-where-smith-may-be-hiding

Transcripts of 911 calls. http://www.firstcoastnews.com/artic...inkle-case-911-calls-and-transcripts/99090078

 

[alexwood]

Here's that guy talking about helping him take the seat out of his van.
https://soundcloud.com/first-for-you/911-tip-where-smith-may-be-hiding

Transcripts of 911 calls. http://www.firstcoastnews.com/artic...inkle-case-911-calls-and-transcripts/99090078

Oh, thank you BUF! I'm probably wrong again in my "interpretation" but I will listen to it. Lately, I've been batting "Zero" with what I "think" I hear! Then try to quote (inaccurately) to make my "point"!

 

[BUF]

Oh, thank you BUF! I'm probably wrong again in my "interpretation" but I will listen to it. Lately, I've been batting "Zero" with what I "think" I hear! Then try to quote (inaccurately) to make my "point"!

No, you're not wrong

 

[alexwood]

Here's that guy talking about helping him take the seat out of his van.
https://soundcloud.com/first-for-you/911-tip-where-smith-may-be-hiding

Transcripts of 911 calls. http://www.firstcoastnews.com/artic...inkle-case-911-calls-and-transcripts/99090078

So the roommate says that he helped him take the seats out at a around "2 p.m. yesterday afternoon." I guess that call was made the day that her body was found. So it would have been Friday, the day he abducted Cherish, that the seats were taken out of the van.

 

[alexwood]

Yep! At different times he saw them walking to or from the DG, and somewhat stalked them, and he took time to hash out his plan as to how he would get them into his van.

Also, I wonder about the bundle of rope that police took a photo of on the walmart counter. Was his plan "B" to kidnap the whole family, and use the rope to tie them up?

Also, little Cherish had a bicycle too, because we've seen the pictures. He could have seen her out riding her bike, traced her back to the house where she lived, knew what the family looked like and how they came and went, then formulated his plan from there, as you say, to figure out a way to set his trap.

As conniving, calculating and devious as he is, you know a lot of planning had to go into this. It was not just a "random" chance encounter at the Dollar General Store. I am convinced of it now.

 

[thesensitivechild]

Oh gosh. I knew nothing about this case but just saw a daily mail article and now I feel ill. I’ve been here over a year... woah. I don’t feel okay


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[thesensitivechild]

I am sure you all have discussed this. But I am going to guess he may have killed a child before



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[Jax49]

GRUESOME DETAILS ABOUT CHERISH PERRYWINKLE'S MURDER REVEALED IN COURT: 'SHE DID NOT DIE EASILY'...

"On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old Cherish Perrywinkle was killed in 2013. This week kicked off the trial for the Florida man accused of kidnapping, raping and murdering Perrywinkle. Donald James Smith, 61, faces the death penalty if he is found guilty of first-degree murder, kidnapping and sexual battery, reported The Washington Post. He has pleaded not guilty.

Nelson said that the child’s last five hours alive were torturous.

“He gagged her, raped her, he sodomized her, then he strangled her. He gagged her with such force, her gums and nostrils bled. He strangled her with such force her eyeballs bled,” Nelson said. “Cherish did not die quickly, and she did not die easily. In fact, hers was a brutal and tortured death."..."

http://www.oxygen.com/crime-time/gruesome-details-cherish-perrywinkle-murder-revealed-court
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snipped for space

Tomorrow is going to be rough...medical examiner is expected to testify. moo

 

[AmyPond]

Police evidence photos day Cherish was killed

https://www.news4jax.com/news/crime/police-evidence-photos-day-cherish-was-killed

Anyone else having trouble getting these to load? Some are kind of dark and some won't load at all. Do you need to subscribe or something?

 

[dizzigirl1]

Anyone else having trouble getting these to load? Some are kind of dark and some won't load at all. Do you need to subscribe or something?

me too.

 

[mpnola]

I am having a hard time with this one, as I knew I would. I keep wondering how he transitioned from burgers to rape and murder. And where. I am glad he had scratches. I hope she hurt in him places I don't want to know about. The description of her face from his gagging and suffocation is just..... unthinkable.

Baby girl. If this is hard for us to witness, I cannot imagine the hurt, fear and agony you literally felt. We will stand here with you during this trial, so you are not alone. No one saved you that night, but you now are safe, under the watch of many. Rest well, sweet child. Hopefully, he will never be able to harm again.

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[Bravo]

Interesting when we look at this crime and compare with his priors. He wasn't the predator waiting for a child alone to pounce on. He created a plan that involved other people. He enjoyed it. Judging from his court demeanor I think he is enjoying every second of this trial. He is a sociopathic, sadistic, sexual predator. IMO I pray he gets death. He will replay this crime over and over in his sick mind for his enjoyment

 

[Jax49]

Interesting when we look at this crime and compare with his priors. He wasn't the predator waiting for a child alone to pounce on. He created a plan that involved other people. He enjoyed it. Judging from his court demeanor I think he is enjoying every second of this trial. He is a sociopathic, sadistic, sexual predator. IMO I pray he gets death. He will replay this crime over and over in his sick mind for his enjoyment

Totally agree. At one point today he smirked after he was identified (don't remember which witness but it was very offensive).

moo

 

[Bravo]

I hope he takes the stand. It would be epic. Idiotic of him but given his strange quirks I wouldn't put it past him.

 

[Bravo]

Off I go. See you all tomorrow.

 

[MsMarple]

And that article talks about the fact that DS's prior history of sexual abuse involving children will not be entered into evidence for Cherish's trial. The reason, as the defense attorney explained it, is somewhat baffling:

"'Just because we know there were prior incidents similar to when there were children involved doesn't mean that there's enough of a pattern that this could be used against him,' said defense attorney Gene Nichols."
https://www.news4jax.com/news/local/jacksonville/documents-how-cherishs-body-was-found-how-she-died


So, you can't use a pattern of prior incidents to establish that this is just one more incident that fits that pattern?

It's stuff like this that makes me so dang angry! First off, under the 1999 Jimmy Ryce Act, Smith should have been designated a violent sexual predator rather than a sex offender, which would have allowed authorities to send him to a treatment facility for potentially the rest of his life rather than release him.

He was scheduled to be paroled again on March 9, 1999, and DCF ordered a “clinical interview.” Doctors determined Smith met the criteria of a violent sexual predator. The assistant secretary for mental health sent a letter to a prosecutor recommending the office “take further steps to continue appropriate proceedings” for involuntary civil commitment.

That step could have kept Smith in the Arcadia facility indefinitely, until doctors deemed his treatment successful and decided it was safe to release him. Several times throughout the three years, Smith’s attorney challenged the case and the constitutionality of the law in asking that the petition be dismissed. Several depositions were taken in preparation for trial.

But in 2002, prosecutors agreed to release Smith instead of holding a civil commitment trial. The prosecutor and defense attorney agreed Smith would pay for and receive drug and psychosexual treatment until “successful completion” of both.

The agreement also included the condition that Smith not commit any other offenses.
...
But this time, DCF’s evaluator did not recommend that Smith be detained for treatment. DCF officials said the evaluations contain protected health information and declined to release them.

Generally, Montaldi said, the inmate would have had to meet three criteria: one sexually motivated conviction as defined in the law, a diagnosed mental abnormality or personality disorder, and the likelihood that the mental disorder would cause acts of sexual violence without confinement.

“The generalities are going to be, for example, does someone have a history of at least one physical contact offense? What’s the degree of violence? How many offenses?” Montaldi said. “They look at predatory patterns and how much time in the community does the individual have without a known new sex offense.”

In 2009, Smith picked up a new case that could’ve triggered what would have been his third review for Jimmy Ryce Act criteria.

The 2009 case resulted in the 2012 plea deal, reducing his charges from aggravated child abuse to a misdemeanor, so the petition to label him a “habitual offender” was dropped. I don't blame the girl's mom, I blame the prosecutor; IMO there was enough evidence without the girl's testimony to go forward with the case.

Furthermore:

Smith returned to prison in 2004 on a conviction for dealing in stolen property. He came up for scrutiny under the Jimmy Ryce law again in 2006 but went free after a psychological evaluation and a review by a team from the Department of Children & Families found he wasn’t a sexually violent predator. Records released by the agency do not provide a reason.

http://www.jacksonville.com/news/fl...etained-released-under-program-violent-sexual
http://www.jacksonville.com/article/20130629/NEWS/801250505
http://interactive.sun-sentinel.com/jimmy-ryce/investigation.html
https://www.news4jax.com/news/local/child-murder-suspect-has-long-criminal-history

IMO it's clear that Smith would have met all three criteria to be committed indefinitely. Heck, even as far back as 1977 Smith was deemed to be a "mentally disordered sex offender." What more do prosecutors and psychologists need to keep the Donald Smiths out of society?