GUILTY *DEATH PENALTY* FL - Cherish Perrywinkle, 8, abducted and killed, Jacksonville, June 2013 *GRAPHIC* #6

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I get that. I would just like to hope that it didn't drag on and on. (wishful thinking
 
First Donald Smith juror to speak out calls him 'arrogant,' 'sick' (with clip)

"Juror 18 would stare at Donald Smith during the trial. Hard, dark glances; if not a scowl, then awfully close.

“It kind of gave me a funny feeling inside that he acted the way he did,” he says when asked if he was aware of how he sometimes looked at the defendant.

“He’d wink at the camera. He’d glare back, or stare back at us. Just – arrogant. And kind of didn’t show any emotion at all.”...

Hinson is eager to affirm the jury’s death verdict, which he says was the result of a thoughtful if efficient process. The jury reached a guilty verdict in just 12 minutes. The penalty phase took longer – more than two hours -- due to the length and complexity of the verdict form.

Hinson says jurors were initially divided in deliberations.

“A couple people were on the fence, saying life in prison,” he says, adding that it was “about four” jurors.

“But then we got to thinking about the last thing that [Prosecutor Mark] Caliel said: This wasn’t about everything he did -- this was about the death of Cherish Perrywinkle. Did he brutally and viscously murder Cherish Perrywinkle, and it was a definite ‘yes.’ If that’s what this is about, we have to come back with a death penalty.”

The mitigating factors introduced by Smith’s attorneys were not persuasive, Hinson says. While jurors conceded they were likely true – for instance, Smith’s cocaine use or deprived childhood – they did not think they mitigated his crime.

“They tried to blame it on whatever, try blame it on his brain, or try to blame it on his family. Was that a factor in him killing him Cherish Perrywinkle? Yes, it was established, but it didn’t have a swaying effect.”

When the jury polled members at that point, Hinson says, the vote was unanimous.

“This was just a brutal, heinous crime,” he says. “If this case didn’t warrant the death penalty, then what does?”...

Though Hinson is convinced of Smith’s guilt and responsibility for the crime, he also sees shared blame for Cherish’s tragic death.

“The mother had responsibilities, Cherish had responsibilities, the state had responsibilities of letting it get this far [releasing Smith after prior sex offenses].”

Hinson adds that he found it “kind of strange” that it took Cherish’s mother Rayne Perrywinkle “20 minutes to notice she was actually gone.” Asked if he puts some blame on her, he says, “to a degree.”

“He took Rayne’s simpleness and preyed on it,” he adds....

Despite the difficulty of sitting on the Smith case, Hinson feels gratified for the role he played.

“There are sick people in the world and that’s why they have the death penalty, because they don’t need to be on this planet anymore.”.."

http://www.firstcoastnews.com/artic...peak-out-calls-him-arrogant-sick/77-527596453
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- more @ the link
 
dizzigirl1 said:
I get that. I would just like to hope that it didn't drag on and on. (wishful thinking
Click to expand...

It's a great pity they couldn't have taken him out of the courtroom and executed him straight after the death sentence verdict. The evidence against him is overwhelming I don't think anything will change verdict wise it is just more anguish for Cherish's family though.
 
YESorNO said:
First Donald Smith juror to speak out calls him 'arrogant,' 'sick' (with clip)

"Juror 18 would stare at Donald Smith during the trial. Hard, dark glances; if not a scowl, then awfully close.

“It kind of gave me a funny feeling inside that he acted the way he did,” he says when asked if he was aware of how he sometimes looked at the defendant.

“He’d wink at the camera. He’d glare back, or stare back at us. Just – arrogant. And kind of didn’t show any emotion at all.”...

Hinson is eager to affirm the jury’s death verdict, which he says was the result of a thoughtful if efficient process. The jury reached a guilty verdict in just 12 minutes. The penalty phase took longer – more than two hours -- due to the length and complexity of the verdict form.

Hinson says jurors were initially divided in deliberations.

“A couple people were on the fence, saying life in prison,” he says, adding that it was “about four” jurors.

“But then we got to thinking about the last thing that [Prosecutor Mark] Caliel said: This wasn’t about everything he did -- this was about the death of Cherish Perrywinkle. Did he brutally and viscously murder Cherish Perrywinkle, and it was a definite ‘yes.’ If that’s what this is about, we have to come back with a death penalty.”

The mitigating factors introduced by Smith’s attorneys were not persuasive, Hinson says. While jurors conceded they were likely true – for instance, Smith’s cocaine use or deprived childhood – they did not think they mitigated his crime.

“They tried to blame it on whatever, try blame it on his brain, or try to blame it on his family. Was that a factor in him killing him Cherish Perrywinkle? Yes, it was established, but it didn’t have a swaying effect.”

When the jury polled members at that point, Hinson says, the vote was unanimous.

“This was just a brutal, heinous crime,” he says. “If this case didn’t warrant the death penalty, then what does?”...

Though Hinson is convinced of Smith’s guilt and responsibility for the crime, he also sees shared blame for Cherish’s tragic death.

“The mother had responsibilities, Cherish had responsibilities, the state had responsibilities of letting it get this far [releasing Smith after prior sex offenses].”

Hinson adds that he found it “kind of strange” that it took Cherish’s mother Rayne Perrywinkle “20 minutes to notice she was actually gone.” Asked if he puts some blame on her, he says, “to a degree.”

“He took Rayne’s simpleness and preyed on it,” he adds....

Despite the difficulty of sitting on the Smith case, Hinson feels gratified for the role he played.

“There are sick people in the world and that’s why they have the death penalty, because they don’t need to be on this planet anymore.”.."

http://www.firstcoastnews.com/artic...peak-out-calls-him-arrogant-sick/77-527596453
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- more @ the link
Click to expand...

i am sorry but i don’t understand which were cherish’s responsibilities? she was eight years old!



Sent from my iPhone using Tapatalk
 
pukasonqo2 said:
i am sorry but i don’t understand which were cherish’s responsibilities? she was eight years old!



Sent from my iPhone using Tapatalk
Click to expand...

Not to follow DS?

I found the statement offensive. Not sure what he meant but it was just wrong.

moo
 
'I wanted him to endure pain': Ex-juror struggled over Donald Smith verdict

"Klasel said she has been haunted by the case. A former crime TV show fan, she has switched to what she calls "happy movies." Once a regular Walmart shopper, she can no longer bear to go to the store where Perrywinkle was kidnapped....

“The emotions were just thick in the room,” says Keith Hawes. As the jury foreman, he decided to let everyone have few minutes to say what they were feeling.

“We need to vent here pretty quick,” Hawes remembers thinking, “because a lot of us were just ready to explode.”...

The verdict form moved them from one step to the next fairly seamlessly, Hawes said. But it was still a momentous decision. After their unanimous vote, Hawes said, one juror was on the verge of dissolving in tears.

“I said ‘you all right?’ She said 'no.' She said, ‘I don’t know what I’ve done,’” Hawes said he tried to reassure her.

“I said you didn’t do anything. Twelve of us did," he said.

Janie Klasel, one of eight women on the jury, agrees, “it was just awful having to sentence someone to death.”...

Like several other jurors during the trial, Klasel could at times be seen staring or even glaring at Donald Smith. She said it was gut-wrenching to be in the same room with Smith, whom she said showed little emotion and zero remorse.

“I was angry and I was mad," she said. "It’s like when I would stare at him he would just smirk -- no remorse. And he could sit there and know he did this crime? It was gut-wrenching.”

She was one of three jurors who initially wanted to give Smith a life sentence – but not because she thought he deserved mercy.

“At first I thought the death penalty would be an easy way out -- just be injected and fall asleep," she said. "I wanted him to be beaten up out there in general population in the prison.”..."

http://www.firstcoastnews.com/artic...uggled-over-donald-smith-verdict/77-528898379
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(more @ link...:(...)
 
This case will stay with me forever. One of the toughest. I'm sure the Jurors have it ten fold. I wish them well. RIP Cherish :rose:
 
Mom turns to advocacy after young daughter Cherish Perrywinkle’s unthinkable rape, murder by convicted sex offender

"Rayne Perrywinkle, the mother of an 8-year-old girl abducted from a Florida Walmart and later found raped and murdered, said she learned a lesson that will haunt her for life. She’s now hoping to help spread awareness about the signs parents should look for when it comes to manipulative predators, while also hoping laws chang to give sex offenders stiffer sentences.

Perrywinkle, of Jacksonville, spoke in an exclusive interview with Nancy Grace on a “Crime Stories” episode and explained what happened the night convicted sexual predator Donald Smith kidnapped her daughter Cherish in 2013 from the Jacksonville Walmart off of Lem Turner Road....

Rayne Perrywinkle is scheduled to appear on the Dr. Oz show next month and plans to continue learning as she spreads awareness and fights for the rights of children...."

http://www.crimeonline.com/2018/03/...nkable-rape-murder-by-convicted-sex-offender/
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Donald Smith juror will never forget what Cherish Perrywinkle 'had to endure'

"JACKSONVILLE, Fla. - Before Donald Smith has a sentencing hearing next week, News4Jax on Wednesday spoke with one of the jurors who found him guilty of kidnapping, sexual battery and first-degree murder in the death of 8-year-old Cherish Perrywinkle.

Janie Klasel, juror No. 62, talked about how the trial changed her life, saying she will never forget the little girl and will always remember the gruesome details. ...

Smith will be back in court March 28 for a sentencing hearing, but he will not be sentenced on that day. The hearing is just the start of the Spencer hearing process.

The Spencer hearing, which takes its name from the 1993 case of Spencer v. Florida, is held so the defendant has a chance to have his voice heard when faced with a potential death sentence. It allows both sides to present additional evidence that did not come up at trial.

It could be weeks or months before Circuit Judge Mallory Cooper officially pronounces her sentence for Smith."

https://www.news4jax.com/news/donal...forget-what-cherish-perrywinkle-had-to-endure
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As YESorNO posted yesterday, Nancy Grace interviewed Raine Perrywinkle on Wednesday, March 21, 2017, on her Crime Stories with Nancy Grace radio show. In the interview, RP states that DS had stalked her and the children before that fateful day. This is a scenario that some of you were convinced was the case. It seems that Raine had seen his van creeping down her street (in "slo-mo" -- driving very, very slowly) a few days before the abduction and murder of Cherish. She did not make that connection until after Cherish had been murdered. In addition, a neighbor later told RP that she, too, had seen his van in that neighborhood where they lived.

Also discussed is the removal of the seat(s) in the van, which is something we also focused on in our postings.

This is a good interview and worth a listen. If you don't want to listen to it in its entirety, a good place to listen to the "stalking" clip is at 4:47.

Here is link: https://dfkfj8j276wwv.cloudfront.ne...3c4c9b5f49639891636d68/0321 Crime Stories.mp3
 
Wednesday, March 28th:
*Spencer Hearing (@ 9am ET) - FL - Cherish Perrywinkle (8) (June 21, 2013) - Donald Smith (56 @ time of crime/now 61) - indicted and found guilty (juror took only 12 minutes) of 1st degree murder, kidnapping & rape. Jurors unanimously recommended death penalty.
Spencer Hearing is set for March 28, 9am. That is where victim impact information will be put before judge.
Spencer Hearing: 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.
 
Thanks for all the updates. I wonder if we will get a live stream?
 
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