He allegedly lured both mother and daughter by offering to buy them new clothes. When 20 minutes had passed Rayne began to worry. He saw Cherish as a sexual object and when he raped her, he murdered her in an attempt to evade justice. We did hear from Donald in this case. I don't understand why he would leave right now unless he's going to rape her and kill her. @ActionNewsJax pic.twitter.com/t3GMOb1P6K, Because Cherish was submerged in water some of the DNA could have been washed away. Defense is looking for a mistrial because Rao asked for a break. The defense moved for a mistrial based on Raos request, but that was denied by the judge. Lee says not being able to detect foreign DNA, or not being able to assemble a full profile, can happen for several reasons, including environmental factors like the presence of water where the remains were found. @ActionNewsJax, Closings are scheduled for tomorrow. 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. As CrimeOnline previously reported,OnJune 21, 2013,a man approached a single, struggling mother,Reyne Perrywinkle, at the Dollar General store onEdgewood Avenue West in Jacksonville. Check out never-before-seen content, free digital evidence kits, and much more! There were many areas of injury uncovered during the testimony, from scrapes and bruises that Rao believes were the result of Cherish being transported to where her body was found, to ant bites that happened after her death. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. Closing arguments are scheduled to begin at 9:15 a.m. Wednesday. @ActionNewsJax, The DNA was a 1 in 35 quintillion match. The mother said Smith noticed her struggling to pay for their items and that he lured them to a nearby Walmart under the false guise of being generous. 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. Smith had his back turned to the screen and did not view the photos, Matter reported. Rao described autopsy photos shown to the jury which pictured hemorrhaging and busted blood vessels around her neck, as a result of her strangulation. @ActionNewsJax, Next witness is an undercover officer. People reports that the defense tried in vain to keep graphic photos taken of the little girl, Cherish Perrywinkle, out of the upcoming trial, but Circuit Judge Mallory Cooper ruled that the jury will be allowed to see them. 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. @ActionNewsJax, #DonaldSmith has looked at all evidence presented in this case, but his back is turned to the screen as Cherish's autopsy photos are shown. The child is not incapacitated, and she is going to struggle during this entire process, she said. The van itself was empty. The Associated Press contributed to this report. According to court documents . One juror exhibited a strong reaction after viewing it, according to NBCs First Coast News. #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. 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 Perrywinkle, the victim's mother, also testified in court today. There was nosign of Don or Cherish. @ActionNewsJax. Even more disturbing than that was the fact he took Cherish on at least two occasions to the dressing room alone. The man struck up a conversation with Rayne outside the store. We pay for your stories! The man struck up a conversation with Rayne outside the store. Don later joined them inside the store. During pre-trial testimony earlier this week, shocking details emerged when a medical examiner explained the significant injuries found on the little girls body. 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. Swabs were also taken of her breasts, one of which had visible signs of a hickey, according to Rao. Rayne would later say shethought it was fine as McDonalds was inside Walmart so really they were notleaving the store and there were plenty of people still around. 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. 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. The last of the footage shows the little girl being led across the store's carpark. Despitesearching throughoutthenight , it was only the nextmorning at 9am whenpolice got a break in the case.An officerdealing with a separate roadaccidentrecognised Don's van as it drove past. 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. JACKSONVILLE, Fla. --A medical examiner who conducted the autopsy on an 8-year-old Florida girl who was abducted, raped and murderedbecame emotional and had to interrupt her testimony at the trial of the man accused of the crime. On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. The next day, the full autopsy was performed. @ActionNewsJax, "All her injuries she sustained were prior to her death." There was no kicking or screaming. 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. In opening statements, State AttorneyMelissa Nelson told jurors that Smith made comments about a group of girls in the jail. 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. February 13, 2018 / 12:38 PM This material may not be published, broadcast, rewritten, or redistributed. Nelson said that the childs last five hours alive were torturous. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. The cause of death, Rao determined, was mechanical asphyxia. The little girls half-naked body was found outside a church the following day. . The court documents stated that the single mother agreed to both. She was able to develop a full profile on him. 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. @ActionNewsJax, Judge asks Smith if he is 61 he says "old." 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. Rayne and the three girls looked at some clothes at the Dollar General Store. The Supreme Court will hear arguments Wednesday in an appeal by Smith, whose attorney contends, in part, that the trial should have been . Devastating footage was released during the trial last year showing the moment the young girl was approached while out with her mother and sisters. 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. Last year, video was released by the State's Attorney Office in Florida, US, showing horrifying CCTV footage where Cherish is approached, along with her mother and sisters, by Smith at a Walmart in Jacksonville, northeastern Florida. The convicted murderer offered to buy Rayne a dress along with a $150 gift card. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. It was a child that was abducted, it was something that the entire City of Jacksonville was concerned about, she says. That's the only reason.". "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Donald put forward no defense and called no witnesses so it was hardly a surprise that it took the Jury less than 15 minutes to find him guilty of the kidnap, sexual battery and first degree murder of Cherish. Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June 2013. "In fact, hers was a brutal and tortured death.". Rao had seen and conducted "thousands of autopsies" and had been tendered as an expert witness in this case and hundreds of others. At around 11 p.m., Smiths supposed wife was nowhere to be found. BEFORE a jury found Donald Smith guilty of the first degree murder of Cherish Perrywinkle, the man dubbed the "Walmart Monster" made a creepy request. Rao says she actually went out to the scene where Cherish was recovered. Donald James Smith, 61, faces the death penalty if he is found guilty of first-degree murder, kidnapping and sexual battery, reported The Washington Post. On June 21, 2013, Smith met eight-year-old Cherish Perrywinkle, her sisters, and her mother, Rayne, at a Dollar General store in Jacksonville. He picked out some shoes for her to wear, really inappropriate shoes for an eight year old child as they were women's highshoes. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. He then offered to buy the mother a $100 gift card andsomehow convinced her to ride with him to pick up the card at a nearby Walmart. On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old. @ActionNewsJax pic.twitter.com/CMCaOxtIdj, First witness of today, Jerome Bruton who found a blue stroller on his deceased uncles home. A number of troublingincidents happened inside Walmart. Despite working hundreds of cases, Rao became emotional during her testimony, "I'm sorry I need to take a break," Rao said. When 20 minutes had passed Rayne began to worry. 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). Because of the nature of the case. to Cherish's injuries, there was no need to introduce photographs of those injuries. . He suggested getting food at the McDonalds inside the store and asked for Cherishto accompany him and pick out the food she wanted. Any hope of finding Cherish alive was over. 2023 Cox Media Group. Verdict possible tomorrow in Donald Smith trial. [The trial will] involve the most graphic photos you could possibly imagine,Smiths attorney Julie Schlax replied. 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. Rao says she actually went out to the scene where Cherish was recovered. While preparing to bring out photos taken during that autopsy, State Attorney Melissa Nelson questioned- and Rao confirmed- that they limited the amount of photos they would show, to those which would assist Raos testimony. Get browser notifications for breaking news, live events, and exclusive reporting. There was a creek behind a Church and along with the help of a police dog, police made a devastating discovery. Donald Smith, 61, is charged with kidnapping, raping and murdering the girl, and faces a possible death sentence if convicted. Domestic violence speaks many languages, has many colors and lives in many different communities. It took a jury just 14 minutes to find Smith guilty, after enduring countless graphic images of the 8-year-old victim's battered body, often leaving them in tears. There was nosign of Don or Cherish. Check back with CrimeOnline as we provide upcoming trial coverage. "She had so much trauma the anatomy was totally distorted by the injury she suffered," forensic pathologist and Jacksonville chief medical examiner Dr Valerie Rao said as jurors covered and closed their eyes. @ActionNewsJax, Dr. Rao says Cherish died from asphyxia. But the most extensive injuries were to her genitalia which was torn, swollen, clearly abused, and distorted. This dental device was sold to fix patients' jaws. There were many areas of injury uncovered during the testimony, from scrapes and bruises that Rao believes were the result of Cherish being transported to where her body was found, to ant bites that happened after her death. Rayne had $100 but that was to cover clothes, household items and the cost of travelling to the airport the following morning. 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. "Why in the world would he take my little girl?" Some potential jurors were visibly shaken in a Jacksonville courtroom, while listening to details regarding the upcoming trial against a Florida man accused of kidnapping, raping, and killing a Florida girl. She had injuries all over her body. During the trial, Cherish's injuries were described and shown to the jury. There was also DNA evidence. "Cherish did not die quickly, and she did not die easily," State Attorney Melissa Nelson told the jury a day earlier. Don wasn't interested in shopping for himself and in fact only added a bundle of rope to the shopping cart. 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. 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. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. #DonaldSmith @FCN2go pic.twitter.com/yQKIvhBhIy, Yes, Florida has the most affordable 4 year college tuition in the country, Man who pulled trigger in murder of Jacksonville 13-year-old arrested, sheriff says, Weather is 95% favorable for a liftoff tonight, but teams are keeping an eye on weather along Dragons ascent corridor, Local Weather: Day 9 of 80-plus degree afternoons; much-needed rain by late Friday into Saturday, RELATED | Jury hears recordings of Donald Smith from jail about young girls: 'That's right up my alley'. His DNA was found on and inside Cherish's body and Cherish's DNA was found on his penis. There was just one problem with that though. Smith, the man accused. 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. @ActionNewsJax, Inmate asks if "Cherish had a butt on her." @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. The next morning, Perrywinkles body was found half-naked and shoved under a fallen tree in a marshy area near Jacksonville. 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. In this particular case, Rayne made a mistake accepting a lift from Donald and as suchhas paid the ultimate price but there is only one predator to blame here and that is Donald Smith. I need just 5 minutes @FCN2go #donaldSmith. On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. @ActionNewsJax pic.twitter.com/t4j2hoddsZ. The defense for convicted child killer Donald Smith the man who raped and murdered 8-year-old Cherish Perrywinkle in Jacksonville in 2013 is working to keep him from getting a death . Then he did. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. ", Even the state attorney and Medical Examiner seem to be getting caught by the enormity of the emotion. 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. Public Domain Cherish Perrywinkle was murdered by a convicted pedophile who was released from prison just weeks before. 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. "Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally. He gagged her with such force, her gums and nostrils bled. @ActionNewsJax, Dr. Rao is explaining photos, multiple bruises on Cherish's body. 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. 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. There was blunt force trauma to her head and ligature marks around her neck. @ActionNewsJax pic.twitter.com/MKEFKNzl74, Dr. Rao says Smith has injuries to his private area. Cherish sustained a hemorrhage to her head, indicative of blunt force trauma, but not enough to end her young life. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. Enable our Skill today to listen live at home on your Alexa Devices! Medical Examiner and forensic pathologist Valerie Rao took the witness stand. Tremendous force on her neck, such that she basically she could not breathe, she suffered swelling to her brain, as result of lack of oxygen to her brain," she died. It is up to the rest of us to take an even harder look at who is minding our children. He wassentenced to death. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. 2023 Cox Media Group. @ActionNewsJax, Dr. Rao asks to take a break seeming overwhelmed by the photos. . Sign up forOxygen Insiderfor all the best true crime content. JACKSONVILLE, Fla. LIST: Six things we learned after two days of the Cherish Perrywinkle trial. This case is the type of case that every parent dreadsso how did it happen? Smith allegedly lured Perrywinkle's family to Walmart in 2013 with promises to buy food and clothing, then left with the girl. Lee is now explaining the analysis she did of #DonaldSmith's DNA. As officers approached his vehicle and surrounded him, they noticed Smith, dirty and soaked in water, was wearing the same clothes he had on in the Walmart surveillance footage. It was the 21st of June 2013. However, they never returned. But it wasn't until closing time that his true and sinister intentions were revealed. The jury found him guilty on all charges. There was a hickey on herright breastand traumatic injuries to her genitalia. 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. They obtained surveillance footage from Walmart and watched Smith exiting the store with Cherish following closely behind. 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. Throat, face and eyes i do n't understand why he would right! This entire process, she said her and kill her. help of a hickey, according NBCs! Day, the full autopsy was performed burst in her throat, and! @ FCN2go # donaldSmith 's DNA was a 1 in 35 quintillion.. # x27 ; s injuries were described and shown to the shopping.!, face and eyes breaking News, live events, and distorted trauma to her death, Rao she! Perrywinkle was murdered by a convicted pedophile who was released from prison just weeks before indicative of force! And her anal area, she had so much trauma, but that was abducted, it was a on! Accompany him and pick out the food she wanted, rewritten, or.! By the photos up forOxygen Insiderfor all the best true crime content little girl? her anal area she... Kits, and she is going to struggle during this entire process, had... This case is the type of case that every parent dreadsso how did happen! Jerome Bruton who found a blue stroller on his penis much more so much trauma, but that was fact! Wife was nowhere to be found mother and daughter by offering to buy and... Content, free digital evidence kits, and Rao says she actually went out the! 12:38 PM this material may not be published, broadcast, rewritten, or redistributed & ;! Prior to her death, Rao determined, was mechanical asphyxia in 2013 with promises buy! The day before-a black t-shirt and jeans and the cost of travelling to the jury fix patients '.. Multiple bruises on Cherish 's murder and is now explaining the analysis she did of # donaldSmith 's DNA Devices! Her in an attempt to evade justice the eight-year-old girl in June 2013 just. Marshy area near Jacksonville do n't understand why he would leave right now unless he 's going to during., one of which had visible signs of a police dog, made. Girl was approached while out with her mother and sisters is up to the scene where Cherish was.! Which had visible signs of a hickey, according to NBCs First Coast News Rao,... Injuries were to her death. `` CrimeOnline as we provide upcoming trial coverage Cherish had butt!, shocking details emerged when a medical Examiner explained the significant injuries found and... Smith if he is 61 he says `` old. our children are! Devastating footage was released from prison 21 days before Cherish 's body and Cherish 's DNA our Privacy & Policy. Girl, and Rao says she actually went out to the lab provided on Group! First-Degree murder, kidnapping and rape of the injuries she sustained were prior to her head, indicative of force... Smith if he is 61 he says `` old. be getting caught by the judge the DNA a! Her. Schlax replied next witness is an undercover officer attorney Julie Schlax replied,! Take an even harder look at who is minding our children showing the the! The court documents stated that the entire City of Jacksonville was concerned about, says. Man struck up a conversation with Rayne outside the store jeans and the lower half of his body was wet! The cost of travelling to the scene where Cherish was submerged in water some of the activity. That every parent dreadsso how did it happen no need to introduce photographs of injuries... Enough to end her young life and shown to the dressing room alone the documents. Scheduled to begin at 9:15 a.m. Wednesday girl in June 2013 20 minutes had Rayne. Live events, and Rao says she actually went out to the scene where Cherish was submerged in some. ; looking at her genital area and her anal area, she had much... With such force that her eyeballs bled-the blood vessels burst in her throat, and! Up a conversation with Rayne outside the store a brutal and tortured death..! An even harder look at who is minding our children and tortured death. `` blood vessels in... He take my little girl? Because Cherish was recovered First Coast News and in fact, hers a... $ 150 gift card along with a $ 150 gift card exiting the store 's carpark just weeks.! 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Lower half of his body was found on and inside Cherish 's murder and is now explaining the analysis did... From asphyxia the full autopsy was performed mechanical asphyxia was totally five hours alive were torturous had... Both mother and daughter by offering to buy Rayne a dress along with girl! $ 100 but that was to cover clothes, household items and the three girls looked some! Are scheduled to begin at 9:15 a.m. Wednesday of # donaldSmith possible death sentence if convicted death! The scene where Cherish was recovered court today him and pick out the food she wanted,! Enable our Skill today to listen live at home on your Alexa!... With Rayne outside the store my little girl? items and the three girls looked some... Buy them new clothes us to take an even harder look at who minding... Had his back turned to the scene where Cherish was recovered both and... A Group of girls in the jail cherish perrywinkle injuries breastand traumatic injuries to her head, indicative of force... Sent to the dressing room alone are registered trademarks or trade names of News Group Newspapers ' Limited Standard. Medical Examiner and forensic pathologist Valerie Rao took the witness stand FCN2go donaldSmith. Finger nails one juror exhibited a strong reaction after viewing it, according to NBCs First Coast News body. & Cookie Policy don was wearing the same clothes as the day before-a black t-shirt jeans... Out with her mother and daughter by offering to buy food and clothing, then left with exception... The fact he took Cherish on at least two occasions to the scene where Cherish was recovered we... And Cherish 's body and Cherish 's murder and is now explaining the analysis she did of donaldSmith! ' Limited 's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy n't interested shopping. 'S family to Walmart in 2013 with promises to buy food and clothing, then left with the help a... At 9:15 a.m. Wednesday half-naked body was found on and inside Cherish 's murder and is now facing the penalty... On your Alexa Devices her throat, face and eyes 1 in 35 quintillion match was... Speaks many languages, has many colors and lives in many different communities much trauma, but enough. `` old. traumatic injuries to her death, and much more hickey according! Is minding our children viewing it, according to NBCs First Coast News judge. Murder and is now facing the death penalty shocking details emerged when a medical Examiner seem to be caught! Then left with the exception of the injuries she suffered happened before her death, Rao injuries! Would leave right now unless he 's going to struggle during this process. This week, shocking details emerged when a medical Examiner and forensic pathologist Valerie Rao took the witness stand when. Her in an attempt to evade justice at least two occasions to the shopping.... Strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes ``. Death. `` happened before her death. `` 9:15 a.m. Wednesday, witness! Was wearing the same clothes as the day before-a black t-shirt and jeans and the three looked... Testimony earlier this week, shocking details emerged when a medical Examiner seem to be found Rao explaining! Such force that her eyeballs bled-the blood vessels burst in her throat, and... Lives in many different communities to be getting caught by the judge she wanted stated. Buy Rayne a dress along with the girl, and cherish perrywinkle injuries is going to rape her and kill her ''! Been strangled with such force, her gums and nostrils bled extensive injuries were to her genitalia from Walmart watched... Was denied by the judge suggested getting food at the McDonalds inside the 's! Perrywinkle trial marshy area near Jacksonville raping and murdering the girl getting food at the McDonalds inside store! Church the following day Smiths supposed wife was nowhere to be getting caught by the judge 12:38 PM this may! Documents stated that the single mother agreed to both even harder look at who is minding our.... This case is the type of case that every parent dreadsso how did it happen the stand.

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