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CHERISH PERRYWINKLE: The State of Florida vs Donald Smith *GUILTY*

Discussion in 'Courtroom' started by walkie-talkie, Feb 2, 2016.

  1. walkie-talkie

    walkie-talkie Can you hear me now?

    Donald Smith's lawyer asks judge to throw out death penalty
    Smith to go on trial in April in slaying of 8-year-old Cherish Perrywinkle

    Donald Smith, the accused killer of 8-year-old Cherish Perrywinkle, was back in court Tuesday morning as his lawyers asked the judge to take the death sentance off the table.

    This comes after the Florida Supreme Court ruled that Florida's death penalty law is unconstitutional.

    Judge Mallory Cooper decided to delay a decision on the defense motion until March 1 while the Florida Legislature revises the death penalty law.

    A second defense motion requesting that the trial be moved out of Jacksonville due to pre-trial publicity was not discussed.

    Smith is tentatively set to go on trial in April on charges of kidnapping, rape and murder. He was a supervised sex offender when he befriended Cherish's mother, Rayne Perrywinkle, in June 2013 while shopping on the Westside.
    -----
    Rayne Perrywinkle was at Tuesday's hearing, along with Dena Thompson, the mother of 7-year-old murder victim Somer Thompson.

    http://www.news4jax.com/news/donald-smiths-lawyer-asks-judge-to-throw-out-death-penalty

     
    Scoobie, spike, Patti and 2 others like this.
  2. walkie-talkie

    walkie-talkie Can you hear me now?

    Scott Johnson ‏@WJXTScottJ 7h7 hours ago
    Hearing for Donald Smith, accused killer of Cherish Perrywinkle about to get underway. Concerns his eligibility for death penalty.

    Scott Johnson ‏@WJXTScottJ 7h7 hours ago
    Judge is also considering media requests for documents related to this case

    Scott Johnson ‏@WJXTScottJ 6h6 hours ago
    Conf Informant told SA Office last year that Smith & Randall Deviney (accused killer) communicated through isolation cells last year

    Scott Johnson ‏@WJXTScottJ 6h6 hours ago
    claims they were trying to plan a scheme to defraud the court

    Scott Johnson ‏@WJXTScottJ 6h6 hours ago
    Judge has decided court will review 72 hours of video requested by media before she decides whether to release it.

    Scott Johnson ‏@WJXTScottJ 5h5 hours ago
    Defense arguing under current Supreme Court ruling on FL death penalty, this court doesn't have authority to impose death.

    Scott Johnson ‏@WJXTScottJ 5h5 hours ago
    Wants a maximum penalty of life in prison when April 4th trial begins

    Scott Johnson ‏@WJXTScottJ 5h5 hours ago
    State disagrees and thinks FL Governor & Legislature could act on this death penalty issue before April 4th

    Scott Johnson ‏@WJXTScottJ 5h5 hours ago
    Assistant State Attorney just said "The death penalty is not dead in the state of Florida"

    Scott Johnson ‏@WJXTScottJ 5h5 hours ago
    SAO doesn't want trial to start April 4th without this death penalty issue resolved.
     
    Lily, spike and Kimster like this.
  3. Tammy

    Tammy Well-Known Member

    This man sickens me..... Another local case for me that will be forever etched in my mind :(
     
    HALO., Dreah, Lily and 4 others like this.
  4. walkie-talkie

    walkie-talkie Can you hear me now?

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Donald Smith hearing about to get underway. New death penalty law should be discussed.

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Hearing Donald Smith waived his appearance.

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Smith's attorney says he's ill and wished to not be in courtroom

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Smith's trial will be delayed due to new death penalty law

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Trial will possibly be moved back to September

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Next pre-trial hearing probably week of April 4th and defense wants to interview Randall Deviney

    Scott Johnson ‏@WJXTScottJ 1h1 hour ago
    Defense needs more time to analyze new death penalty law

    Scott Johnson ‏@WJXTScottJ 55m55 minutes ago
    Rayne Perrywinkle has no comment on status of hearing. Says "I'll talk after the trial"
     
    Lily, spike, Tammy and 1 other person like this.
  5. walkie-talkie

    walkie-talkie Can you hear me now?

    Donald James Smith trial indefinitely delayed

    Tuesday lawyers for Smith asked to delay Smith’s April 4 trial date, with lead defense attorney Julie Schlax saying uncertainty over the state’s death-penalty law made the trial date unrealistic.

    Prosecutors did not object, and Assistant State Attorney Mark Caliel said a delay made sense. Smith’s lawyers said the 59-year-old was ill so was not in court Tuesday.
    -----
    No new trial date was set, but Senior Circuit Judge Mallory Cooper indicated a September trial was likely.

    Death-penalty trials in Florida have essentially entered a moratorium since January when the U.S. Supreme Court ruled that Florida’s procedures violate the Sixth Amendment because the final decision on life or death is made by a judge and not a jury. Schlax has argued that Smith cannot legally be sentenced to death because the procedures in place when he was charged with the crime have been found to be unconstitutional.

    http://jacksonville.com/breaking-news/2016-03-08/story/donald-james-smith-trial-indefinitely-delayed
     
    Mel70, Lily, spike and 1 other person like this.
  6. Tammy

    Tammy Well-Known Member

    Thank you for the update @walkie-talkie ..... It angers me that this monster can claim any sentence would be unconstitutional where his punishment is concerned....Sorry but this is yet another local case to me that is still fresh in my mind and heart....IMO when the children are involved I feel the person responsible should have no rights.....I know thats wrong of me to say but this was one of those cases that really hit me hard :(
     
    Steve, Lily, Patti and 2 others like this.
  7. Lily

    Lily Bronze Member

    This poor child's mother still has me wishing that stupid was felony.
     
    HALO., GatorD, Kimster and 6 others like this.
  8. Tammy

    Tammy Well-Known Member

  9. Tammy

    Tammy Well-Known Member

    Ive always had mixed feelings about RP since the beginning....but after listening to this 911 call I really don't even know what to say
     
    spike, Lily, Kimster and 3 others like this.
  10. Tammy

    Tammy Well-Known Member

  11. walkie-talkie

    walkie-talkie Can you hear me now?

    Thanks for the updates Tammy.
    I don't know what to say either.
     
    spike, Kimster and Tammy like this.
  12. Dreah

    Dreah Well-Known Member

    Same.
     
  13. Patti

    Patti Member

    GatorD, spike, Kimster and 2 others like this.
  14. Kimster

    Kimster Director Staff Member

    I totally agree. :tears:
     
    spike, Tammy and Patti like this.
  15. Dreah

    Dreah Well-Known Member

    So, this happened on my birthday. Woke up to the news. I'll never forget it for that reason and I'm also a local of Jacksonville. I used to shop at that walmart when with family on that side of town. My mom still does. Ugh. The thought of that makes me cringe.

    Anyway. I made the mistake of reading the case files on this several months ago. Disgusting and heartbreaking. Don't have a link, I just did some searching one night and found pdfs.

    He's ten million percent guilty, obviously and it's completely obsurd that he was free to do this to her after his past.

    I don't blame her mother.
    Not outright. She was stupid. Blind. But also.... Swindled. Tricked. Promised something to help her kids. It was the worse mistake of her life.
    Anyway, this should be about changing laws regarding pedophiles.

    All IMHO
     
    spike, Lily, Tammy and 3 others like this.
  16. Patti

    Patti Member

    I too remember this as if it yesterday. I don't think I will ever forget it. I woke up with the Amber(delayed) alert. I live on the Northside and was familiar with the Church she was found beside, and the Walmart that she was taken from.
    It touched my heart and I attended vigils at the church and graveside. It was heartbreaking of what that little girl went through that night!! This should NEVER happen to anybody much less a little girl. If she would of been gone 24 hours earlier to her Dad this may not of happened to her .
    I have thought it would of been swift justice if Donald Smith had been shot & killed when they stopped him in his van on I-95. Instead this will continue for years and I hope he gets death penalty for this crime. God Bless Cherish!! She deserved better in her short life!!
     
    spike, Lily, Kimster and 4 others like this.
  17. Tammy

    Tammy Well-Known Member

    spike, Lily, Kimster and 1 other person like this.
  18. spike

    spike Bronze Member

    I wish we could "Triple Like" !!
     
    AlwaysSearching and Tammy like this.
  19. Tammy

    Tammy Well-Known Member

  20. Dreah

    Dreah Well-Known Member

    Does anyone have a link to case photos? I can only find a news site with several images but I'm sure there's more out there.
     
    spike and Tammy like this.

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