The Associated Press contributed to this report. They obtained surveillance footage from Walmart and watched Smith exiting the store with Cherish following closely behind. Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June 2013. @ActionNewsJax pic.twitter.com/t4j2hoddsZ. The swift guilty verdicts must come as a relieft to the medical examiner who performed an autopsy on the battered body the young girl. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. 2023 Cox Media Group. On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old. Sources from the courtroom claim the man accused to the childs horrific murder turned his back when autopsy pictures were shown. @ActionNewsJax, "I'd like to run into her at Walmart." Of course it is a violent act but he wanted the rape to be viewed as him inflicting rage and violence on Cherish as opposed to him viewing her as a sexual object. That something, . First published on February 13, 2018 / 12:38 PM. Donald Smith was standing trial on charges of first-degree murder, kidnapping and sexual battery. The child is not incapacitated, and she is going to struggle during this entire process, she said. Domestic violence speaks many languages, has many colors and lives in many different communities. At his trial, the court was shown video of the moment Smith led the child away from her family while out shopping. This week kicked off the trial for the Florida man accused of kidnapping, raping and murdering Perrywinkle. Multiple jurors also cried, covered their mouths and turned away as the graphic photos were shown, CBS affiliate WJAX's Bridgette Matter reported via Twitter. Subscribe to 104.5 WOKV newsletter(Opens a new window), 104.5 WOKV facebook feed(Opens a new window), 104.5 WOKV twitter feed(Opens a new window), 104.5 WOKV instagram feed(Opens a new window). Death row inmate . @ActionNewsJax pic.twitter.com/CMCaOxtIdj, First witness of today, Jerome Bruton who found a blue stroller on his deceased uncles home. Here we have two people who are in a struggle. It was a twenty minute or so walk away. Judge says jury will be sent home for the day, while all parties finalize jury instructions. Don told Rayne he would getcheeseburgers in McDonalds. Its still unclear whether she ever existed. The young girl was allegedly abducted. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. According to a police report, Smith brought the girl out of her familys sight while shopping at that Walmart. All Rights Reserved. Dr. Valerie Rao was. The little girls half-naked body was found outside a church the following day. He had just been released from prison some three weeks earlier. 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. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. The man struck up a conversation with Rayne outside the store. In fact, hers was a brutal and tortured death.". @ActionNewsJax. The defense moved for a mistrial based on Raos request, but that was denied by the judge. In it, she said she felt like a fool. After waiting for his wife for a few minutes he told Rayne they could meet her at Walmart instead. Please check your connection and try again using the Retry button. Large petechiae formed in her eyes from the force of strangling her to death. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. Lee says not being able to detect foreign DNA, or not being able to assemble a full profile, can happen for several reasons, includingenvironmental factors like the presence of water where the remains were found. Donald Smith asked his attorney if he was allowed to turn around for a photo after court ended for the day. JACKSONVILLE, Fla. -- It took a jury 14 minutes Wednesday to convict a 61-year-old Florida man of abducting, raping and murdering 8-year-old Cherish Perrywinkle, CBS affiliate WJAX reports.He now . Learn about careers at Cox Media Group. #DonaldSmith @ActionNewsJax, State asks no margin for error? @ActionNewsJax, #DonaldSmith says he wishes NOT to testify. Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. There was nosign of Cherish and the items Rayne had left in the van such as the stroller and items shebought at the Dollar General Store weremissing. He told her he waswaiting for his wife andthat they had a $150gift card for Walmart that he would be happy for her to use to buy clothes for thegirls. @ActionNewsJax, Carter handled the blue stroller that was found. News Group Newspapers Limited in England No. The state and defense have rested in thecase against Donald Smith on Day 2 of his murder trial. Example video title will go here for this video. @ActionNewsJax #DonaldSmith, Undercover officer says he was contacted by SAO for the #DonaldSmith case. Rao could not determine what exactly was used, but she determined the bruise pattern was wide, and generally consistent with an article of clothing, like a t-shirt. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. He told her he waswaiting for his wife andthat they had a $150gift card for Walmart that he would be happy for her to use to buy clothes for thegirls. To see all content on The Sun, please use the Site Map. #DonaldSmith can be heard saying this to another inmate about a girl at the jail @ActionNewsJax, #DonaldSmith can be heard saying they're about 12, 13. The same day, the girl's mother took the stand and tearfully testified she thought Smith was a good Samaritan who was trying to help her family out. She says its a 1 in 35 quintillion match, meaning shes confident the only other person responsible could be an identical twin, if Smith had one. "I'm sorry, I need to take a break. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. That same man waited for Rayne outside the store. Cox Media Group. But it wasn't until closing time that his true and sinister intentions were revealed. Please enter valid email address to continue. So in reality she didn't have a lot of money to buy Cherish new clothes for her trip. Doctor Valerie Rao performed the autopsy of 8-year-old Cherish Perrywinkle back in 2013, and today, she walked jurors through photos and details of her findings regarding the child's death. @ActionNewsJax, Detective explains a confidential informant said #DonaldSmith was speaking to another inmate using air vents at the jail @ActionNewsJax, DNA expert says the DNA found on Cherish matches #DonaldSmith @ActionNewsJax, Lee is explaining to the jury #DonaldSmith DNA profile. Rao said she went to the crime scene, Because the nature of the case, it was a child that was abducted. Donald saw an opportunity that day when he saw Rayne with her three girls. Sign up forOxygen Insiderfor all the best true crime content. #DonaldSmith pic.twitter.com/khubusMeBl. The man, later identified as Smith, first offered to buy the moma dress. Things never get back to the way they were.". Recording of Smith "She ain't black, but she had a lot for a white girl." @ActionNewsJax. @ActionNewsJax, Judge asks Smith if he is 61 he says "old." A full profile could not be performed from the vaginal swab, however Smith was not excluded by the results, and Lee testified that- in all- there was still an almost non-existent chance it was anyone other than Smith. The cashier later confirmed he saw themtalking in the car park for around 15-20 minutes. I need just 5 minutes @FCN2go #donaldSmith. She is heard telling a dispatcher, "I feel like a fool," and saying she couldn't remember what Smith was wearing or what his license plate was, Bourne tweeted. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. He claimed hed buy the girls clothing with a gift card. 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. It's all part of the second day of the trial of Donald Smith, the man who's accused of taking the girl from her family at a Northside Walmart, raping her, and leaving her dead in brackish water near a church. Smiths defense lawyers have yet to give an explanation or defense for Smiths actions. Her injuries revealed defensive wounds which showed this little 67lbs 8 year old girl fou ght for her life but she was no match for the monster who had kidnapped her. 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. Cherish Perrywinkle was an 8-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2013. Smith, now 64, was accused of murdering Cherish Perrywinkle after a series of events that began when he met her mother, Rayne Perrywinkle, at a Dollar General store. He allegedly lured both mother and daughter by offering to buy them new clothes. "Doctors are people too," said the State of Dr. Rao. ", Sign up to get the latest true crime stories, new product releases and more, Sign up to get the latest on sales, new releases and more . Rayne didn't have a lot of details toprovide to the police. There was just one problem with that though. It was June 21, 2013, when Cherish and her mother - Rayne Perrywinkle - were approached at the Dollar General store on Edgewood Avenue West in Jacksonville by Smith. She suffered swelling of her brain as a result of lack of oxygen to her brain, and as a result of which, she died, Rao testified. There was nosign of Cherish and the items Rayne had left in the van such as the stroller and items shebought at the Dollar General Store weremissing. She got into Don's van. Smith manipulated the girl's mother into making her think he only wanted to buy clothing for Cherish Perrywinkle and her siblings. You may be offline. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. Jurors heard Rayne Perrywinkle's frantic 911 call,CBS affiliate WJAX'sJenna Bournereported via Twitter. Verdict possible tomorrow in Donald Smith trial 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. They later identified Smith as a convicted sex offender who had only been out of jail for around three weeks before he reportedly preyed upon the Perrywinkle family. There is no surprise that a man like Donald lies and he told his mother that Cherish followed him out and hopped in the van and he knew then he would already be in trouble due to his previous convictions. They all replied: Yeshttps://t.co/KORxv8xtHp pic.twitter.com/N7dzz8AmL1. Smiths DNA also matched samples from a rectal swab of Cherish. The evidence in this case was overwhelming. Her body was found in the water , weighted down by bricks and debris and under a tree. It did not present any witnesses before resting its case shortly after the state. Any hope of finding Cherish alive was over. When discussing Cherish with his mother, he said"what's her name again?" Sentencing will occur during thetrials penalty phase, should Smith be found guilty. JACKSONVILLE, Fla. - The News4JAX I-TEAM has obtained all of the evidence against Donald Smith, who was convicted of raping and killing 8-year-old Cherish Perrywinkle. Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. @ActionNewsJax, Dr. Rao is explaining photos, multiple bruises on Cherish's body. The force used to smother her was enough to make her nose and gums bleed. @ActionNewsJax, Closings are scheduled for tomorrow. In a desperate call to police, the girl's mother revealed how she fears the worst has happened to her daughter. He looked into my face and told me I was safe.. It was shown as evidence to the jury during the trial of Donald Smith. Police were clear about one thingthough. Do you have a story for The Sun Online news team? Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! Sign up below to be added to our mailing list for the latest news updates, access to exclusive contests, and more! @ActionNewsJax pic.twitter.com/3E0kGk8lpB, State says it is difficult for even professionals to stay composed. Even more disturbing than that was the fact he took Cherish on at least two occasions to the dressing room alone. The June 2013 murder of Cherish Perrywinkle drew huge amounts of news coverage and public attention in Jacksonville, with a jury in 2018 finding Donald James Smith guilty and a judge sending him . gs,washing her hair and shewanted to buy her some new clothes. The state called an undercover officer to the stand. Medical Examiner and forensic pathologist Valerie Rao took the witness stand. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. gers in McDonalds. Dr. Valerie Rao performed the autopsy of 8-year-old Cherish Perrywinkle back in 2013, and today, she walked jurors through photos and details of her findings regarding the child's death. Rao estimates it would have taken three to five minutes for the girl to die in this manner. The shopping trip was very focused around the girls and Rayne stayed with them in the children's section. Road closed due to construction work on Channel View Blvd both ways from Blount Island Blvd to Reef Run Rd. Rao could not determine what exactly was used, but she determined the bruise pattern was wide, and generally consistent with an article of clothing, like a t-shirt. He said he dressed as a maintenance worker and placed microphones in vents at the Duval County jail. @ActionNewsJax, Inmate asks if "Cherish had a butt on her." #DonaldSmith. Share currently playing on Facebook (Opens a new window), Share currently playing on Twitter (Opens a new window), Jacksonvilles Morning News with Rich Jones. List for the DNA that was abducted after his vehicle was spotted by a police report, brought! Terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad.. Closely behind present any witnesses before resting its case shortly after the child was abducted a! All content on the Sun Online news team the Retry button little girls half-naked body was.! 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