gs,washing her hair and shewanted to buy her some new clothes. After utilizingK-9 units, little Cherishs lifeless body was found in a nearby swampy ditch. His DNA was found on and inside Cherish's body and Cherish's DNA was found on his penis. . Because of the nature of the case. In all likelihood Cherish would not have been concernedgettinginto Donald's van outside Walmart that night as she had already been in the van with her sisters and mother. The evidence, some of it. The defense moved for a mistrial based on Raos request, but that was denied by the judge. Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. There are predators everywhere. 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. 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. She died after she sustained tremendous force on her neck such that she could not breathe.. I need just 5 minutes @FCN2go #donaldSmith. 1. Dr Rao, visibly shaken, then asked the court for a five-minute break. 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. WOKV and Action News Jax continue to follow all of the developments from inside of the courtroom. At 11.20pm, Rayne called 911. 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. Your browser does not support HTML5 audio. 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. 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. 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. 1 Comment, "My family and myself are good, decent and very honest people. The child is not incapacitated, and she is going to struggle during this entire process, she said. @ActionNewsJax. Even Rao had to ask the court for a brief recess during her testimony. Wu said that the characteristics of Smith's brain, post-injuries, show a tendency to become fixated on something. 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. "I'm sorry I need to take a break" Says Rao. This case is the type of case that every parent dreadsso how did it happen? After 30 minutes passed and her daughter hadnt returned, Perrywinkle became nervous and called the police. Sign up below to be added to our mailing list for the latest news updates, access to exclusive contests, and more! The cashier at the Dollar GeneralStore confirmed a man asked if Rayne had put the clothes back. 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. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. @ActionNewsJax, Defense is not presenting any witnesses. Lee says semen was found in Cherishs mouth, vagina, and rectum, and other DNA was recovered from around her neck. When she found out her daughter was dead, she collapsed. The thing toreally note in this case is Rayne's intuition. Medical Examiner Valerie Rao said that the girls injuries were extremely shocking, and the photos apparently show the damage that 61-yearDonald James Smith allegedly inflicted upon the 8-year-old in 2013. 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. He cannot be filmed or identified. Defense is looking for a mistrial because Rao asked for a break. She testified that he believed him. Cherish Perrywinkle was an 8-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2013. But the most extensive injuries were to her genitalia which was torn, swollen, clearly abused, and distorted. At times she fought back tears while speaking about the last hours of her daughters life in 2013. Her injuries were inflicted before she died. He said he dressed as a maintenance worker and placed microphones in vents at the Duval County jail. It is clear he did not want to be seen as a paedophile but make no mistake, that's exactly what he is. @ActionNewsJax, The next series of photographs are injuries. The cause of death, Rao determined, was mechanical asphyxia. It was left there for a week. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. 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. 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. @ActionNewsJax pic.twitter.com/nfpLo3x45s. When 20 minutes had passed Rayne began to worry. The next day, the full autopsy was performed. @ActionNewsJax, "All her injuries she sustained were prior to her death." [Photo: Florida Department of Law Enforcement]. January 17, 2022 Rao says she actually went out to the scene where Cherish was recovered. It was shown as evidence to the jury during the trial of Donald Smith. On June 21, 2013, Cherish Perrywinkle, 8, was abducted from a Jacksonville Walmart, raped and murdered by Donald James Smith, a sexual offender. #DonaldSmith @ActionNewsJax, State asks no margin for error? @ActionNewsJax, Dr. Rao says Cherish died from asphyxia. DAY 1: Cherish's mothersays she never would have knowingly let girl leave with suspect Jacksonville Chief Medical Examiner Dr. Valerie Rao testified that Cherish Perrywinkle sustained severe injuries from being strangled and raped. Closing arguments will take place tomorrow, and then jury deliberations will begin #DonaldSmith #CherishPerrywinkle pic.twitter.com/Z8NfJTaNus. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. To see all content on The Sun, please use the Site Map. 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. 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. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old Cherish. It was shown as evidence to the jury during the trial of Donald Smith. We all get those warning signsand sometimes we act on them and sometimes we ignore them. @ActionNewsJax pic.twitter.com/26zmR3z7uU, James Carter is the next witness, he was an officer with JSO. Seeing a skipping and smiling Cherish with an older man would have looked like aregular grandfather andgranddaughter. She said that she did not want to appear too overprotective. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. @ActionNewsJax, In openings Melissa Nelson told jurors that Smith made comments about a group of girls in the jail. Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally distorted by the injury that she sustained both to her vaginal area and her anus, Rao testified. 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. It was a child that was abducted, it was something that the entire City of Jacksonville was concerned about, she says. Rayne reportedly had her head down as she listened to the call from the witness stand. She had injuries all over her body. Smiths defense lawyers have yet to give an explanation or defense for Smiths actions. Cherish's injuries gave aninsight into some of the brutality and horror Donald had inflicted on her. "Why in the world would he take my little girl?" . 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. Large petechiae formed in her eyes from the force of strangling her to death. The swift guilty. DNA other than Cherishs could not be detected in the oral swab. She got into Don's van. In court, Raynes 911 call to the dispatcher was played. 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. It takes a person anywhere from three to five minutes to die from being asphyxiated to death. Opening statements were held in the trial Monday. @ActionNewsJax pic.twitter.com/CMCaOxtIdj, First witness of today, Jerome Bruton who found a blue stroller on his deceased uncles home. 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. It was the 21st of June 2013. "In fact, hers was a brutal and tortured death.". 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. Donald saw an opportunity that day when he saw Rayne with her three girls. However, they never returned. Stay with us as the trial moves forward. by Chilling Crimes Don wasarrested. Hours later, at 11.18pm that evening, the girl's mother Rayne called 911 desperately looking for the child, whom she says was last seen in the company of Smith. February 13, 2018 / 12:38 PM At around 9 a.m. the following morning, officers spottedSmiths van off of I-95 near downtown Jacksonville. #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. Smith's team argued that the pictures' unduly Don didn't have a wife. 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. #CherishPerrywinkle pic.twitter.com/OtiXxh3qm7. Link your TV provider to stream full episodes and live TV. Smith overheard Rayne explain to an . Defense is looking for a mistrial because Rao asked for a break. Learn about careers at Cox Media Group. Dr. Valerie Rao was. Clickheretouploadyours. The court documents stated that the single mother agreed to both. @ActionNewsJax pic.twitter.com/3E0kGk8lpB, State says it is difficult for even professionals to stay composed. This week kicked off the trial for the Florida man accused of kidnapping, raping and murdering Perrywinkle. Rao had seen and conducted "thousands of autopsies" and had been tendered as an expert witness in this case and hundreds of others. @ActionNewsJax, The DNA was a 1 in 35 quintillion match. Todays testimony was clearly difficult for some of the jurors, with many openly shedding tears as the autopsy photos were put in front of them. 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. @ActionNewsJax, Dr. Rao is being tendered as an expert witness. The U.S. Supreme Court has declined to take up an appeal in a high-profile case involving an 8-year-old Jacksonville girl who was abducted from a Walmart and raped and murdered. When 20 minutes had passed Rayne began to worry. Cherish sustained a hemorrhage to her head, indicative of blunt force trauma, but not enough to end her young life. Later on Day 2, the state played a jailhouse recording of Smith talking to another inmate at the Duval County Jail. Here we have two people who are in a struggle. She said, I hope to God he doesnt kill her and I hope to God he doesnt rape her. There was no kicking or screaming. 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. Cherish Perrywinkle's dress This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. @ActionNewsJax, Dr. Rao had to also photograph Donald Smith @ActionNewsJax, While photos of Cherish's private parts were shown, Dr. Rao explained there was only a thin layer of tissue between the two areas. Jury selection for the case that shocked the Jacksonville community and the nation is schedule to begin on February 12. Everything you love about wokv.com and more! 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. What she sustained was tremendous force on her neck, such that she basically, she could not breathe. The Associated Press contributed to this report. 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. The defense moved for a mistrial based on Raos request, but that was denied by the judge. Cliccando su Accetta tutto accetti che Yahoo e i suoi partner possano trattare i tuoi dati personali e utilizzare tecnologie come i cookie per mostrarti annunci e contenuti personalizzati, per la misurazione degli annunci e dei contenuti, per l'analisi del pubblico e per lo sviluppo dei prodotti. Smiths DNA also matched samples from a rectal swab of Cherish. "I'm sorry, I need to take a break. 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 . On Valentine's Day, it took jurors only 14 minutes to find 61-year-old Donald Smith guilty of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle in 2013. @ActionNewsJax. At around 11 p.m., Smiths supposed wife was nowhere to be found. The murder was especially heinous, or cruel; 5. 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 Cox Media Group. @ActionNewsJax https://t.co/MwTPX7bR9X, Undercover officer placed microphones in vents at Duval County jail to capture communications between #DonaldSmith and another inmate. It's clear that it's difficult for #CherishPerrywinkle's mother Rayne Perrywinkle to listen to this 911 call. Instead, he abducted her from the Walmart they went to and the next morning . Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. Rao said the burst blood vessels in Cherish's eyes were very large. 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. 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. At 11.20pm, Rayne called 911. 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. 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. The next day, the full autopsy was performed. You may be offline. The judge asked each juror "Is this your true and correct verdict?" But it wasn't until closing time that his true and sinister intentions were revealed. A series of swabbings were taken, as well as nail scrapings and clippings. News Group Newspapers Limited in England No. Cherish was just eight years old andlived with her mother Rayne, Rayne's boyfriend and Cherish's two younger sisters in Jacksonville in Florida. There was a creek behind a Church and along with the help of a police dog, police made a devastating discovery. Rayne said Smith told her that his wife would meet them at Walmart. That same man waited for Rayne outside the store. Create your free profile and get access to exclusive content. 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