It got late and the Perrywinkles had not eaten, so Smith said he would buy them all cheeseburgers at a McDonalds inside the store. An officer identified Smith, who was soaking wet, behind the wheel of the same van that had left Walmart. In 1977, Smith was convicted of lewd behavior toward a minor. Photos of injuries police say Smith suffered the night of the kidnapping and surveillance video that shows Smith walking out of a Walmart on Lem Turner Road with Cherish will also be allowed to be shown as evidence, Judge Mallory Cooper ruled. 2023 Telepictures Productions Inc. Cherish was born December 24, 2004 and her mom called her the Best Christmas gift. Smith objected to the prosecutor's opening statement ("[e]very mother's darkest nightmare became Rayne Perrywinkle's reality"), so we review the trial court's overruling the objection for abuse of discretion. She died after she sustained tremendous force on her neck such that she could not breathe.. 2d 925, 928 (Fla. 1990). But the images and testimonies brought forth during the trial showed that Smith was a wolf in sheeps clothing. On June 21, 2013, Smith met eight-year-old Cherish Perrywinkle, her sisters, and her mother, Rayne, at a Dollar General store in Jacksonville. Cherishs body was transported to the states medical examiners office for an autopsy. WebOn June 21, 2013, eight-year-old Cherish Perrywinkle of Jacksonville, Florida, was abducted from her neighborhood Walmart while shopping with her mother and a stranger who 3d 562, 569 n.4 (Fla. 3d DCA 2019) (declining a defendant's suggestion to adopt a new standard requiring trial courts to poll a jury whenever there is an outburst during trial proceedings); see also Arbelaez v. State , 626 So. She did not state why she was requesting a break, and when testimony resumed, Dr. Rao spoke clearly and did not appear to the jury to be in any emotional distress. He told me I was safe, she said in court on Monday. Rhodes v. State , 986 So. See Darden , 477 U.S. at 181, 106 S.Ct. The jury deliberated for nineteen minutes before unanimously finding Smith guilty of kidnapping, sexual battery of a person under twelve years old, and first-degree murder. Cooper also decided that the jury can also hear portions of audio from a secretively recorded conversation Smith had with another inmate awaiting a case in the jail. The prosecutor's comments did more purposefully to elicit an emotional reaction than is advisable, but they were moving in substantial measure because of how they characterized the disturbing facts in evidence. Here is everything you need to know about the Cherish Perrywinkle case and the trial of her alleged killer. In fact, hers was a very brutal and tortured death.. The court explained that no golden rule violation had occurred because "the prosecutor did not impermissibly invite the jury to place themselves in the victim's shoes. " Id. At trial, the State may make comments that "are based on evidence introduced at trial and are relevant to the circumstances of [the crime]." CANADY, C.J., and POLSTON, LAWSON, COURIEL, and GROSSHANS, JJ., concur. Verdict possible tomorrow in Donald Smith trial. She had even shot final photos of Travis in the shower after a final seduction and before viciously slashing him to death! 2d 710, 713 (Fla. 1996) ; see also Campbell v. State , 271 So. Hundreds of people attended Cherish's funeral, which was locally televised. The court ultimately empaneled the jury without an objection from defense counsel or a request for a final ruling on its motion to change venue. Braddy v. State , 111 So. It is the evidence in this case, not error, that is cumulative. Smith's defense team continues to ask for a change of venue, citing the pre-trial media coverage in the case, but Cooper said the court must try to find a jury in Duval County before that will be considered. Waiting for your permission to load facebook comments. When the prosecutor made the statement at issue, she knew that Rayne Perrywinkle was slated to testify and that Rayne's testimony and 911 call recording would attest to the terror she felt when she realized Cherish was missing. Generally, we review a trial court's ruling on such a motion for abuse of discretion. The trial of Donald Smith, the man accused of raping, torturing, and killing eight-year-old Cherish Perrywinkle in 2013, began in a Florida court Monday. "[A] defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge." He walked away with Cherish and she was not seen again after that. He faces life in prison or the death penalty if convicted of the murder charge. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. The young girl was allegedly abducted from a Northside Walmart by Smith, 61, who pretended to be a good Samaritan. H. Kate Bedell and Richard Randall Kuritz of Law Offices of Bedell & Kuritz, Jacksonville, Florida, for Appellant Ashley Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, Florida, for Appellee, H. Kate Bedell and Richard Randall Kuritz of Law Offices of Bedell & Kuritz, Jacksonville, Florida, for Appellant, Ashley Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, Florida, for Appellee. WebSmiths appeal to the Supreme Court seeks a new trial and raises a series of issues, including arguing that the circuit judge erred by allowing autopsy photos of Cherish Perrywinkle to be used during the trial. Make your practice more effective and efficient with Casetexts legal research suite. 2d 936 (Fla. 1984) (ruling photographs of blowup of bloody gunshot wound to victim's face admissible to corroborate medical examiner's testimony); Straight v. State , 397 So. He put the odds at one in 35 quintillion that the DNA belonged to someone else. The State also produced surveillance footage of Smith leading Cherish from Walmart to his van. When Cherishs body was brought to the Medical Examiners Office, Rao says the conducted a sexual assault kit, where a lot of evidence was collected. He strangled her with such force her eyeballs bled, Nelson said. If he is convicted he could face the death penalty in the state of Florida. 3d 544 (Fla. 2020) (receding from proportionality review requirement in death penalty direct appeal cases), and for the reasons expressed in my dissent in Lawrence , id. Thomas v. State , 748 So. "); see also Patrick v. State , 104 So. 2d 226, 230 (Fla. 2003) ("[A]n argument that the evidence is totally insufficient as a matter of law to establish the commission of a crime need not be preserved. At the penalty phase of trial, Smith presented nine witnesses, including a psychologist, a neurologist, and his son. On appeal, Smith raises the following five claims: (a) the trial court abused its discretion in denying Smith's motion for change of venue; (b) the trial court abused its discretion in denying Smith's motion for mistrial during the medical examiner's testimony; (c) the trial court abused its discretion by denying Smith's motion to exclude autopsy photos; (d) the trial court abused its discretion by overruling an objection to the prosecutor's opening statement and committed fundamental error by not granting a mistrial during the prosecutor's closing statement; and (e) the cumulative effect of the errors in the case deprived Smith of a fair trial. Id . Smith argues next that the trial court improperly denied his motion to exclude autopsy photographs used during Dr. Rao's testimony. Even Rao had to ask the court for a brief recess during her testimony. 2d at 287 (denying motion for change of venue in Gainesville after a defendant murdered five students despite overwhelming media attention and the fact that "every member of the venire had some extrinsic knowledge of the facts and circumstances surrounding this case."). It was testimony that not only caused several jurors to shed tears, but led to the Chief Medical Examiner asking for a brief recess as she appeared to fight back emotion as well. He raped and strangled her. 2d 1038, 1041 (Fla. 1997). Cherish did not die quickly and she did not die easily, Nelson said. This station is part of Cox Media Group Television. Before she bled to death, the last words Ruth Pelke said to her killer, 15-year old Paula Cooper, were "If you Maddox v. State , 760 So. 2d 130, 134 (Fla. 1985). The CCTV footage documents the last time the child was seen alive. I need just 5 minutes.". A court "must determine whether the gruesomeness of the portrayal is so inflammatory as to create an undue prejudice in the minds of the jury and [distract] them from a fair and unimpassioned consideration of the evidence." Officer Charles Wilkie testified that he stood by her body to make sure it was not eaten by alligators. Eighteen to nineteen hundred people reportedly signed the guest book at Cherish's viewing. Link your TV provider to stream full episodes and live TV. Donald James Smith has been found guilty of the murder and rape of Cherish Perrywinkle. 2d 1054, 1061 (Fla. 2007). Smith explained to Rayne that his wife had a gift card and would meet the group there. Seven jurors had seen some coverage in years past but had minimal knowledge of the case. Rao said Cherish was strangled, forcibly raped, sodomized, and suffered blunt force trauma to the back of her head. In a desperate call to police, the girl's mother revealed how she fears the worst has happened to her daughter. Rao estimates it would have taken three to five minutes for the girl to die in this manner. Three hundred potential jurors completed these questionnaires. WebCherish Lily Perrywinkle, the oldest of the trio, was born on Christmas Eve of 2004. On June 21, 2013, Donald Smith kidnapped Cherish Perrywinkle, 8, from a Walmart. The next morning, with the help of witnesses reporting the location of Smith's van, police located Cherish's body in a creek behind a church, under a pile of debris. At times she fought back tears while speaking about the last hours of her daughters life in 2013. For example, this Court has found fundamental error when appellants were denied the right to counsel. Viewing autopsy photographs Rao could not fight her tears and began crying while describing the girls injuries. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old For one thing, the evidence of guilt is overwhelming. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. The judge asked each juror "Is this your true and correct verdict?" Smith objected to the comment on the grounds that it was argumentative, and the court overruled the objection. Surveillance video shows Smith walking out of the Walmart with Cherish. Cherishs battered, half-naked body was found a few miles away in a marshy woodland area covered in debris. Cherish Lily Perrywinkle was a beautiful eight-year-old girl who was abducted from a Walmart store on the night of June 21st and tragically murdered. State v. Smith , 241 So. The prosecution filed a noticed, stating they intended to seek the death penalty, citing 6 aggravating factors. Here, Smith claims that the prosecutors comments amounted to improper "golden rule" arguments, which impermissibly persuade jurors to "place themselves in the victim's position during the crime and imagine the victim's suffering." In fact, hers was a brutal and tortured death.". WebPhoto added by HonourLittleAngels Cherish Lily Perrywinkle Birth 24 Dec 2004 Florida, USA Death 22 Jun 2013 (aged 8) Jacksonville, Duval County, Florida, USA Burial Riverside She testified that he believed him. Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. The response to a witness outburst is also "better left to the discretion of trial judges who are in the best position to assess the intensity of the outburst and its potential effect on jurors." 2d 274, 276 (Fla. 1979). Cherish was noted as kind, funny and creative, often engaging in activities such as drawing and playing school. Clickheretouploadyours. All I could do was stand by her & preserve the evidence, Wilkie said. News outlets in Florida and the United States covered the murder extensively. Dr Valerie Rao earlier broke down while giving evidence at the trial of Cherish's killer. In court videos seen by news.com.au, Rao was testifying for the Medical Examiner's office and provided disturbing details over the little girl's death. The aggravating factors were: 1. Autopsy and crime-scene photographs including graphic images of 8-year-old Cherish Perrywinkle and her accused rapist and killer can be shown to the jury in Donald James Smiths upcoming murder trial in Jacksonville, a judge ruled Thursday. All rights reserved. 3d at 521 ). 2d 366, 369 (Fla. 2002) (quashing a district court's decision after the court provided a definition of "maliciously" in conflict with a previous Florida Supreme Court decision). []" Counsel for Smith did not object to this statement, and indeed presented no closing argument. Smith was arrested 10 hours later after his vehicle was spotted by a police patrol officer. A verdict could come as early as tomorrow in the case against the man charged with kidnapping, raping, and killing a local 8-year-old girl. WebI believe from the autopsy and descriptions of her injuries to her privates that she would have needed reconstructive surgery and even never been able to use the bathroom again 2023 Cox Media Group. In exercising discretion regarding a change of venue, "a trial court must make a two-pronged analysis, evaluating: (1) the extent and nature of any pretrial publicity; and (2) the difficulty encountered in actually selecting a jury." The trial court held a hearing on the motion for change of venue, but reserved ruling until after jury selection. Dr. Valerie Rao testified against Smith. Privacy Policy | In 2018, at the beginning of jury selection, counsel renewed Smith's motion for change of venue, but the court again deferred a ruling. The State later called a crime laboratory analyst, who testified that Smith's DNA was found on and inside Cherish's body. Popular in the The next day, the full autopsy was performed. Jury selection begins Monday. Mosley v. State , 46 So. Czubak v. State , 570 So. The defense team had argued that the photos not be shown because they were unnecessary and would be shocking to the jury. Miller v. State , 161 So. Summation is intended to review evidence and draw inferences, but, like opening statement, "must not be used to inflame the minds and passions of the jurors so that their verdict reflects an emotional response to the crime or the defendant rather than the logical analysis of the evidence in light of the applicable law." Troedel v. State , 462 So. RELATED: The Awful Abuse 3-Year-Old Angelina Costello Suffered Before She Died And How Her Mother Tried To Cover Up Her Wounds, Former #JSO K9 handler Officer Charles Wilkie describes #DonaldSmith's actions immediately following traffic stop as "flamboyant." She had been hidden underneath a log, grass, and rocks. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. at 133. The trial Monday began with a testimony from Cherishs mother, Rayne Perrywinkle, about her daughters disappearance on June 21, 2013. Lawsuit Alleges Man Froze To Death In Alabama Jail. For example, as the State argued, a picture showing the manner in which the skin had been stripped from Cherish's throat was relevant evidence that the cause of her death had been strangulation. Floyd v. State , 850 So. Hamilton v. State , 703 So. The cause of death, Rao determined, was mechanical asphyxia. At Walmart, they shopped together for hours. "); see also Gonzalez v. State , 838 So. We pay for your stories! The State ultimately introduced twenty-six photos of Cherish's various injuries, including pictures of her exposed skull and trachea. Loose Women star lined up to be Strictly's first contestant in wheelchair, GMB's Kate Garraway reveals crippling cost of caring for her husband Derek, Stephen Bear 'broke behind bars' as his company is shut down before he's jailed, Mum identified after dead baby is found on heathland, News Group Newspapers Limited in England No. On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. WebCherish Lily Perrywinkle, age 8, went to be with her Lord and Savior June 22, 2013 in Jacksonville, FL. 2d 1173, 1178 (Fla. 2001) ); Barnhill v. State , 834 So. Rayne Perrywinkle, the victim's mother, also testified in court today. , 675 F. 3d 1277, 1292 (11th Cir. Every parent's worst nightmare. With Jeff Conrad, Jeff Conrad, Erik Ermantrout, Erin Faupel. The long read: DNP is an industrial chemical used in making explosives. Outlets in Panama City, Tallahassee, Orlando, Tampa, and Miami reported on the murder. When officers searched the area with K9s, they found Cherish Perrywinkle dead. She said that Smith had been hovering around her and her three children while they shopped at Family Dollar earlier in the day. After conducting a Spencer hearing, the trial court entered a sentencing order accepting the jury's recommendation and imposing the death penalty. Dress that Cherish Perrywinkle was last see in is shown to the jury @FCN2go #DonaldSmith pic.twitter.com/cI1MGK48n0. Smith v. State , 998 So. "I'm sorry, I need to take a break. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. What is more, the court would not have abused its discretion had it denied the motion. For further details of our complaints policy and to make a complaint please click this link: thesun.co.uk/editorial-complaints/, Cherish Perrywinkle was abducted, raped and strangled to death, CCTV images showing the Cherish leaving Walmart with the man who is accused of killing her, Donald Smith faces the death penalty is convicted of killing Cherish Perrywinkle, Medical Examiner Dr. Valerie Rao leaves the courtroom visibly upset, The Judge allowed a break in proceedings as the jury and medical examiner were left in tears by the graphic images, Smith turned his back to the court as graphic images from the child's post-mortem were shown to the jury, The State Attorney seen with Dr Rao as they go over the visual evidence to be presented to the court, CCTV images of Cherish crossing the Walmart car park are the last time she was seen alive, Independent Press Standards Organisation (IPSO). That's the only reason.". WebThe autopsy photographs of 8-year-old Cherish Perrywinkle were so shocking that they made even the medical examiner cry. But relief is not warranted if there is "no reasonable probability that the cumulative effect of these errors affected [a defendant's] right to a fair trial." While, absent such context, the photographs at issue in this case seem numerous, the reality is that most of the photos identified separate injuries on Cherish's body. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. 2d 392, 399 (Fla. 1984) ; see also F.B. 2d 377, 383 (Fla. 1994). LIST: Six things we learned after two days of the Cherish Perrywinkletrial, ON TV: Full report from @BridgetteAnJax on CBS47 at 5 and 6, DAY 2:'She had a lot for a white girl,' Smith tells inmate in jailhouse recording. Closing arguments will take place tomorrow, and then jury deliberations will begin #DonaldSmith #CherishPerrywinkle pic.twitter.com/Z8NfJTaNus. When the prosecutor asked Dr. Rao about Cherish's throat, Dr. Rao stammered slightly, and the following exchange occurred: The judge dismissed the jury and defense counsel moved for a mistrial, arguing that Dr. Rao's response was so prejudicial that it could not be cured by any jury instruction. [2] For faster navigation, this Iframe is preloading the Wikiwand page for Thus, notwithstanding substantial and negative media coverage about Smith and the facts of the case, the size and diversity of the community from which the venire was drawn, the long delay between the initial publicity and trial, and the fact that Smith sought no additional peremptory challenges all weigh in favor of concluding that the trial court would not have abused its discretion had it denied the motion to change venue. Following these presentations, the jury unanimously recommended that Smith be sentenced to death. Comments that "invit[e] the jury to imagine the victim's final pain, terror and defenselessness" are prohibited. By special verdict, the jury convicted Smith of both premeditated and felony murder with kidnapping and sexual battery as the underlying felonies. Defendants have no constitutional due process right to correct an unpreserved error, and appellate courts should "exercise discretion under the doctrine of fundamental error very guardedly." 3d 147, 151 (Fla. 2019) (quoting Brown v. State , 124 So. Perez v. State , 919 So. 2d 573 (Fla. 2008) (finding appellant's Brady [v. Maryland , 373 U.S. 83, 83 S.Ct. Accused Walmart Kidnapper Has Shocking Criminal Record. Do you have a story for The Sun Online news team? A week later on Thursday, Judge Mallory Cooper denied the defense motion. Prosecutor Mark Caliel intends to introduce four minutes of the recording. Post-mortem reports found severe injuries and contusions all over her body, and concluded that the eight-year-old had been strangled with a piece of clothing after being tortured and raped. @ActionNewsJax #CherishPerrywinkle pic.twitter.com/PpMUOyXEyC. Within those four minutes, Caliel said Smith is engaged in a conversation about young girls and says, Id like to run into her at Walmart. In another part of the recording, the other inmate is asking Smith whether his victim had a butt. Earlier in the day, Smith had befriended Rayne Perrywinkle and persuaded the woman and her three children to go with him to Walmart so he could buy them clothing and food, prosecutors say. WebCherish Lily Perrywinkle was an 8-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2013. Smith, a registered sex offender, was released from jail only 21 days before his arrest June 22, 2013, 10 hours after Cherish was abducted. Rao testified in trial of Donald Smith, 61, who is accused of kidnapping, raping and murdering Cherish Perrywinkle in 2013. Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. 2d 538, 549 (Fla. 2007) (holding that State's comments describing victim's murder and last moments alive were not improper because they were based upon facts in evidence); see also Mosley , 46 So. Rao was discussing the heinous murder of Cherish Perrywinkle, a little girl who was lured away from her mother while out shopping before being found dead just hours later in June, 2013. Im done., Jury watching surveillance video that appears to show #DonaldSmith and #CherishPerrywinkle in Walmart shoe section. When officers searched the area with K9s, they found Cherish Perrywinkle dead. What supplements should we really be taking? Fla. R. Crim. We review the denial of a motion for mistrial for abuse of discretion, and "[a] mistrial is appropriate only where the error is so prejudicial as to vitiate the entire trial." After the ten-minute recess, Dr. Rao resumed her testimony without further interruption. The purpose of an opening statement is for parties to convey to the jury what they expect the evidence produced at trial to establish. Smith, 61, is charged with first-degree murder, kidnapping and capital sexual battery on a child under the age of 12. 3d 734, 744 (Fla. 2d DCA 2009) ; see also Wainwright v. State , 2 So. We address each claim in turn. True Crime Tuesday: Kidnapping at Store: Cherish Perrywinkle's Mother Speaks Out Exclusively on Her Daughter's Death: With Mehmet Oz, Nancy Grace, Cherish Perrywinkle, Rayne Perrywinkle. (2017). Sign up to receive breaking True Crime Daily news, exclusive stories and behind-the-scenes info. Bertolotti v. State , 476 So. . Smith's trial was repeatedly put on hold due to the controversy over Florida's death penalty procedure, which the U.S. Supreme Court struck down in 2016. I don't understand why he would leave right now unless he's going to rape her and kill her. About an hour of surveillance footage from Walmart was played during the trial. Learn about careers at Cox Media Group. It was the last time 8-year-old Cherish was seen alive. Rayne Perrywinkle sat facing 61-year-old defendant Donald Smith in a Jacksonville courtroom and testified about the day her daughter, Cherish Perrywinkle, disappeared. Dr Rao, visibly shaken, then asked the court for a five-minute break. We have jurisdiction. 1194, 10 L.Ed.2d 215 (1963) ] claim was not preserved because it was not ruled on by the trial court). It's all part of thesecond day of the trial of Donald Smith, the man who's accused oftaking the girl from her family at a Northside Walmart,raping her, and leaving her dead in water near a church. "Cherish did not die quickly, and she did not die easily," State Attorney Melissa Nelson told the jury a day earlier. 3d 242, 257 (Fla. 2012) ). In partnership with Such an error "reach[es] down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Cherish did not die quickly, and she did not die easily. WebGruesome Details About Cherish Perrywinkle's Murder Revealed In Court: 'She Did Not Die Easily'. She was seen #DonaldSmith looking straight or down, emotionless, as the recorded conversation plays where he says "I'd like to run in to her at Walmart" when talking about 12-year-old girls that walked through the Jail #CherishPerrywinkle pic.twitter.com/Itlhe9RIud. The medical examiner asked for a short break while giving evidence after the disturbing and graphic images shown at the Florida court left her visibly traumatised. In light of the extensive pretrial publicity, the trial court used a written juror questionnaire and individual voir dire regarding exposure to press coverage as part of the jury selection process. The trial court denied Smith's motion. WebAutopsy and crime-scene photographs including graphic images of 8-year-old Cherish Perrywinkle and her accused rapist and killer can be shown to the jury in Donald James Griffin v. State , 866 So. A medical examiner who conducted the autopsy on 8-year-old Cherish Perrywinkle became emotional in court Tuesday as she discussed the last moments of the young girls life. Smith's DNA was found in and on Cherish's body, he was caught on several different surveillance cameras leading Cherish to his car, multiple witnesses spotted his van by the water in which Cherish's body was found, and his pants were soaking wet as he was arrested. Next, Smith argues that the State made inappropriate comments in its opening statement and in closing argument. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. The aggravating factors were: 1. According to a police report, Smith brought the girl out of her familys sight while shopping at that Walmart. Her mother told police Smith offered to buy the family food from a McDonald's inside the store and Cherish followed Smith to get the food. Smith's team argued that the pictures unduly prejudicial emotional effect would outweigh their probative value. HARROWING images of the battered body of an eight-year-old girl who was raped and brutally killed have leftan entire jury traumatised and in tears. Donald Smith sodomized me. The jury in the same Florida court were also in tears and covered their mouths when graphic photos of Cherish were shown in court. See art. JACKSONVILLE, Fla. -- (WJXT) -- Photos taken as the Medical Examiner worked to learn how an 8-year-old Jacksonville girl spent the final moments of her life will be shown to the jury during the trial of the man accused of kidnapping, raping and killing her, a Duval County judge decided Thursday. The child is not incapacitated, and she is going to struggle during this entire process, she said. Cherish's autopsy photos were relevant to the brutality of her rape and the premeditation of her murder, as well as the heinous, atrocious, and cruel nature of the crime. Donald James Smith appeals his judgment of conviction and sentence of death. Before the ruling, however, it was revealed how the brutal brunette beauty had accumulated a stash of X-rated photos while obsessively pursuing her uninterested ex-lover. Donald Smith asked his attorney if he was allowed to turn around for a photo after court ended for the day. To see all content on The Sun, please use the Site Map. Here, Dr. Rao paused, caught her breath, and asked for a break. at 552-58, I can only concur in the result. The little girls half-naked body was found outside a church the following day. It took a Jacksonville jury less than 15 minutes to find Donald James Smith, 61, guilty of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle in Florida in 2013.

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