@ActionNewsJax, Lee says in Cherish oral swabs it was positive for semen. 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. 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. DAY 1: Cherish's mothersays she never would have knowingly let girl leave with suspect The jury in the same Florida court were also in tears and "covered their mouths" when graphic photos of the child's death were shown in court. 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. Smith had been released from prison just 21 days before he abducted and murdered the little girl and had been on the sex offenders register since 1993. News Group Newspapers Limited in England No. Medical Examiner and forensic pathologist Valerie Rao took the witness stand in Cherish's murder trial on Tuesday and talked clinically about the extensive list of injuries she sustained. JACKSONVILLE, Fla. LIST: Six things we learned after two days of the Cherish Perrywinkle trial. He suggested getting food at the McDonalds inside the store and asked for Cherishto accompany him and pick out the food she wanted. 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. He had just been released from prison some three weeks earlier. Dr. Rao points to #DonaldSmith as the man she had photographed at the Police Memorial Building as part of this case #CherishPerrywinkle pic.twitter.com/v0Z8CjHOuT. First published on February 13, 2018 / 12:38 PM. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. He has pleaded not guilty. The defense is moving for a judgment of acquittal. Jacksonville chief medical examiner Dr Valerie Rao stopped her testimony as images of the child were displayed in the Florida courtroom, saying: She had so much trauma, the anatomy was totally distorted by the injury she suffered. Her intuition was warning her about Donald. Copyright 2023 CBS Interactive Inc. All rights reserved. The force used to smother her was enough to make her nose and gums bleed. Her eyes, however, told the story of the moments just before her death. @ActionNewsJax, Donald Smith has his back turned to the screen showing the photographs. 2023 Cox Media Group. Jurors Cry Over Autopsy Photos On Day 2 in the trial of Donald Smith, many female jurors cried when graphic autopsy photographs of Cherish Perrywinkle were shown in court Tuesday. 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. Learn about careers at Cox Media Group. . @ActionNewsJax, Officer Charles Carter, with JSO's Department of Corrections Intelligence Unit is on the stand. #DonaldSmith @FCN2go pic.twitter.com/IqHaXOp8UO. The Prosecutor in the case said Donald had tore her apart, that's how brutal the injuries were. @ActionNewsJax. Even after all the horror he inflicted on Cherish the callousness of that statement is strikingandfurther confirms a man like Donald will never change and if giventhe chance will do it again. Its still unclear whether she ever existed. He used that to his advantage and lured them to a second location to buy time so that he could take Cherish in a manner that would not attracta lot of attention and that's exactly what happened. ", 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 . Jurors heard Rayne Perrywinkle's frantic 911 call,CBS affiliate WJAX'sJenna Bournereported via Twitter. The state called an undercover officer to the stand. ", by Chilling Crimes 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. We pay forvideostoo. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. I need just 5 minutes @FCN2go #donaldSmith. At times she fought back tears while speaking about the last hours of her daughters life in 2013. 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. The injuries that poor kid suffered was absolutely horrific and as you said, don't go googling details of . She sustained bruises to her legs, her arms, the hickey on her breast, and various scratches. Dati relativi al dispositivo e alla connessione a Internet, come l'indirizzo IP, Attivit di navigazione e di ricerca durante l'utilizzo dei siti web e delle app di Yahoo. The van itself was empty. There was just one problem with that though. #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. @ActionNewsJax, "I'd like to run into her at Walmart." Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old Cherish Perrywinkle, decided to turn his back to the screen when autopsy pictures were shown Tuesday. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. Dr Valerie Rao earlier broke down while giving evidence at the trial of Cherish's killer. There was also DNA evidence. The defense called for a mistrial over the interruption in testimony, but the judge denied the motion,Matter tweeted. Surveillance footage from Walmart shows Perrywinkle, wearing the same dress found near her body, walking out of the store with Smith, a registered sex offender. Cherish went with him. @ActionNewsJax, Defense moves for judgement of acquittal. This article contains information regarding the autopsy of the victim and manner of her death. @ActionNewsJax, Dr. Rao looking through autopsy photographs. Because of the nature of the case. Protect yourself and those you love. September 06, 2019, "There's no tragedy in life like the death of a child. The swift guilty verdicts must come as a relieft to the medical examiner who performed an autopsy on the battered body the young girl. The medical examiner said that Cherish Perrywinkle died from being strangled, probably with a piece of clothing. At that point, Rayne had no idea that there was a man watching her every move. The last of the footage shows the little girl being led across the store's carpark. She testified that he believed him. Opening statements were held in the trial Monday. It is clear from the 911 call that she didn't trust Donald, she had a strange feeling about him and her instant fear when she couldn't find Cherish was that she would be raped and murdered. 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. A Florida man who was convicted of kidnapping, raping and killing 8-year-old Cherish Perrywinkle has been sentenced to death for first degree murder and sexual battery convictions. taking the girl from her family at a Northside Walmart, environmental factors like the presence of water where the remains were found, Florida Senator proposes bill to cancel Democratic Party in state, Georgia star Jalen Carter charged with racing in fatal wreck, Bartram Trail High School girls lacrosse player denied NIL opportunity, PCSO: No charges in case of mail carrier mauled by 5 dogs, Airport Authority discusses bringing new commercial flights to St. Johns County. Rao says she actually went out to the scene where Cherish was recovered. He picked out some shoes for her to wear, really inappropriate shoes for an eight year old child as they were women's highshoes. Smith had an extensive criminal record, which included a lewd assault on a child, an attempted abduction on a 13-year-old girl, harassing phone calls to a 9-year-old girl, and an attempted abduction on two teen girls by trying to lure themto his vehicle with pornographic magazines. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. 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. A series of swabbings were taken, as well as nail scrapings and clippings. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. 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. Don wasarrested. #DonaldSmith pic.twitter.com/khubusMeBl. 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 to Death Row. It is clear he did not want to be seen as a paedophile but make no mistake, that's exactly what he is. He wassentenced to death. Smith's team argued that the pictures' unduly Cherish Perrywinkle CBS affiliate WTEV Smith allegedly lured Perrywinkle's family to Walmart in 2013 with promises to buy food and clothing, then left with the girl. Medical Examiner and forensic pathologist Valerie Rao took the witness stand. Perrywinkle can be heard saying: "I'm hoping he's not raping her right now because I've had that done to me and it's not fun.". During the trial, Cherish's injuries were described and shown to the jury. 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. Sign up forOxygen Insiderfor all the best true crime content. A recording was played for the jury. He has pleaded not guilty. 2023 Cox Media Group. DNA other than Cherishs could not be detected in the oral swab. TALLAHASSEE, Fla. - The Florida Supreme Court on Thursday unanimously upheld the conviction and death sentence of Donald James Smith, who raped and murdered 8-year-old Cherish Perrywinklle after. When 20 minutes had passed Rayne began to worry. They are not hiding in shadows. Around the same time, officers received a tip that a suspicious van was seen aroundBroward Road. There were extensive swabs taken in an effort to match DNA to a suspect, and Nicole Lee, with the Florida Department of Law Enforcements Regional Crime Lab in Jacksonville, says many of those samples did- in fact- point to 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. In it, she said she felt like a fool. Create your free profile and get access to exclusive content. The CCTV footage documents the last time the child was seen alive. Chief Medical Examiner just asked for a break, appeared to be holding back emotion. @ActionNewsJax pic.twitter.com/nfpLo3x45s. Wu said that the characteristics of Smith's brain, post-injuries, show a tendency to become fixated on something. #CherishPerrywinkle pic.twitter.com/OtiXxh3qm7. When Rayne and her three girls were inside the van, Don drove to Walmart which was a ten minute drive away to meet his wife. Then he did. In a desperate call to police, the girl's mother revealed how she fears the worst has happened to her daughter. The state rested after playing the recording. It is up to the rest of us to take an even harder look at who is minding our children. 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. So on that day, the 21st of June, Rayne wasgettingCherish ready for her trip-things like packing herbags,washing her hair and shewanted to buy her some new clothes. Later on Day 2, the state played a jailhouse recording of Smith talking to another inmate at the Duval County Jail. The Associated Press contributed to this report. 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. That something, . At his trial, the court was shown video of the moment Smith led the child away from her family while out shopping. Puoi cambiare le tue preferenze in qualunque momento nella sezione Le tue impostazioni per la privacy. In his discussion with his mother, heput an emphasis on rape being a violent act. "I'd like to run into her at Walmart. @ActionNewsJax, Carter handled the blue stroller that was found. 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. Many female jurors cried as Dr. Valerie Rao, the medical examiner who performed Cherish's autopsy, explained injuries and bruising to Cherish's body, including her neck and face, and pictures of her private parts. @ActionNewsJax, Dr. Rao asks to take a break seeming overwhelmed by the photos. @ActionNewsJax, "Semen positive" in vaginal swabs. 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. In opening statements, State AttorneyMelissa Nelson told jurors that Smith made comments about a group of girls in the jail. DNA other than Cherishs could not be detected in the oral swab. February 04, 2022, "The criminal justice system will take a hard look at what happened to Matthew Eappen. 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. The same potential juror indicated she wassqueamish about looking at gory photos, while another possible teared up and said she would lose it during a trial involving crimes against a child. She spent around 20 minutessearching Walmart, McDonalds and the car park. It was the 21st of June 2013. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. He claimed hed buy the girls clothing with a gift card. Dr. Valerie Rao was. Wherever Cherish was, it involved water. DAY 1:JSO officers responding to Cherish'smurder: 'Protect her, preserve the evidence'. She said that she did not want to appear too overprotective. Stay with us as the trial moves forward. Cherish Perrywinkle was abducted, raped and strangled to death Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June. Lee says semen was found in Cherishs mouth, vagina, and rectum, and other DNA was recovered from around her neck. Cherish Perrywinkle Case: D by Leigh Egan As CrimeOnline previously reported, a jury unanimously decided in 2018 that Smith would receive death for the kidnapping, rape, and murder of Cherish.. Donald Smith is led from the courtroom after being found guilty of all charges in the abduction, rape and murder of Cherish Perrywinkle, in the Duval County courtroom of Judge Mallory Cooper . 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 . "Cherish did not die quickly, and she did not die easily," State Attorney Melissa Nelson told the jury a day earlier. As jurors . There was no kicking or screaming. At this stage , it had started to rain so Rayne had two choices - she could walk home in the rain or take a lift with Don to Walmart to buy some clothes for the girls. On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old Cherish Perrywinkle was killed in 2013. 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. When discussing Cherish with his mother, he said"what's her name again?" Don was wearing the same clothes as the day before-a black t-shirt and jeans and the lower half of his body was soaking wet. Rayne reportedly had her head down as she listened to the call from the witness stand. 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. The blunt reasons some potential jurors are not being selected in the trial for the man accused of raping, killing 8yr-old Cherish Perrywinkle.. @ 5p @wjxt4 https://t.co/qSdMRzwH4b pic.twitter.com/A8SlpT0X4w, Joy Purdy (@WJXTJoyPurdy) February 7, 2018. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. We pay for your stories! The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election, Where things stand in the Alex Murdaugh double murder trial, Watch Live: Closing arguments to begin in double murder trial of Alex Murdaugh. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! Defense attorney holds up picture of Cherish Perrywinkle, reminds that this trial will be "emotional, gut-wrenching" @wjxt4 pic.twitter.com/0rXEVvyDG6, Chris Parenteau (@WJXTChris) February 9, 2018. They obtained surveillance footage from Walmart and watched Smith exiting the store with Cherish following closely behind. WOKV and Action News Jax continue to follow all of the developments from inside of the courtroom. At around 9 a.m. the following morning, officers spottedSmiths van off of I-95 near downtown Jacksonville. Smith allegedly lured Perrywinkle's family to Walmart in 2013 with promises to buy food and clothing, then left with the girl. Smith had prior arrests for sex crimes in 1977, 1992, and 2009. . We did hear from Donald in this case. People at Walmart would not have been concerned either. @ActionNewsJax #DonaldSmith, Undercover officer says he was contacted by SAO for the #DonaldSmith case. Cherish was wearing purple flip flops when she disappeared. Rao says she also examined Smith at the Police Memorial Building, and he had injuries to his penis which related to trauma and were consistent with the timing of Cherishs death. The effect of smothering or force to keep her quiet would cause these injuries. the injuries were bleeding nostrils and injuries on her upper lip. When they arrived at Walmart, Don continued with the lie that he had a wife and told Rayne that he would wait for his wife in the car park. At 11.20pm, Rayne called 911. I am listening to testimony while @BethANJax will be live at noon with updates on #DonaldSmith testimony today. Even Rao had to ask the court for a brief recess during her testimony. 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 . "In fact, hers was a brutal and tortured death.". 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. His DNA was found on and inside Cherish's body and Cherish's DNA was found on his penis. This case is the type of case that every parent dreadsso how did it happen? There were extensive swabs taken in an effort to match DNA to a suspect, and Nicole Lee, with the Florida Department of Law Enforcements Regional Crime Lab in Jacksonville, says many of those samples did- in fact- point to Smith. @ActionNewsJax, Inmate asks if "Cherish had a butt on her." Around three hundred potential jurors filed into the Jacksonville courtroom this week, where they were shown an up-close photo of a little girl with big brown eyes. Please check your connection and try again using the Retry button. The cashier later confirmed he saw themtalking in the car park for around 15-20 minutes. Example video title will go here for this video. He saw Cherish as a sexual object and when he raped her, he murdered her in an attempt to evade justice. He strangled her with such force her eyeballs bled, Nelson said. Your browser does not support HTML5 audio. @ActionNewsJax, #DonaldSmith has not turned around to look Cherish's autopsy photos, he is not looking at photos of himself either. Smith manipulated the girl's mother into making her think he only wanted to buy clothing for Cherish Perrywinkle and her siblings. To see all content on The Sun, please use the Site Map. Get browser notifications for breaking news, live events, and exclusive reporting. There was a hickey on herright breast. The murder was premeditated, cold, and calculated; 6 Cherish Perrywinkle was less than 12 years of age. Asked for a mistrial over the interruption in testimony, but the judge denied the motion, Matter tweeted his. At his trial, the girl 's mother revealed how she fears the worst has happened her. Abducted after his vehicle was spotted by a police officer not have been concerned either on and inside 's. Or force to keep her quiet would cause these injuries characteristics of Smith & # x27 ; brain... 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