On June 21, 2013, eight-year-old Cherish Perrywinkle of Jacksonville, Florida, was abducted from her neighborhood Walmart while shopping with her mother and a stranger who offered to buy them clothes. The state rested after playing the recording. gs,washing her hair and shewanted to buy her some new clothes. (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) return; js = d.createElement(s); js.id = id; js.src = 'https://connect.facebook.net/en_US/sdk.js#xfbml=1&version=v2.12'; fjs.parentNode.insertBefore(js, fjs);}(document, 'script', 'facebook-jssdk')); Posted by In Loving Memory of Angels onTuesday, January 31, 2017. Before Cherish was brought to the medical examiner's office a rape kit was conducted. At his trial, the court was shown video of the moment Smith led the child away from her family while out shopping. Swabs were also taken of her breasts, one of which had visible signs of a hickey, according to Rao. 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. As jurors . Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. The evidence in this case was overwhelming. It's hard for everyone in the courtroom to hear about the crimes done against Cherish Perrywinkle. That day was not a normal day for Cherish Perrywinkle in the sense that she was due to fly to California the next morning to spend the summer with her father. This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. The court documents stated that the single mother agreed to both. DNA other than Cherishs could not be detected in the oral swab. In his discussion with his mother, heput an emphasis on rape being a violent act. Expert says this was an exact match. 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. Don wasarrested. Dr. Valerie Rao was. Medical Examiner and forensic pathologist Valerie Rao took the witness stand. Suffered swelling in her brain. For other inquiries, Contact Us. It was the 21st of June 2013. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. The evidence, some of it. "I'd like to run into her at Walmart. 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. 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. Road closed due to restricted area on William Ostner Rd both ways from Park Rd to New Berlin Rd. @ActionNewsJax, Carter handled the blue stroller that was found. 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. Learn about careers at Cox Media Group. 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, June 23, 2015 is when the recording equipment was placed in the Duval County jail. To inquire about a licence to reproduce material, visit our Syndication site. The state called an undercover officer to the stand. The next day, the full autopsy was performed. At times she fought back tears while speaking about the last hours of her daughters life in 2013. Smiths defense lawyers have yet to give an explanation or defense for Smiths actions. In court videos seen by news.com.au, Rao was testifying for the Medical Examiner's office and provided disturbing details over the little girl's death. @ActionNewsJax, The next series of photographs are injuries. They all replied: Yeshttps://t.co/KORxv8xtHp pic.twitter.com/N7dzz8AmL1. Dr. Wu said that Smith was just 9 when he suffered a traumatic brain injury (or TBI). [Photo: Florida Department of Law Enforcement]. Learn about careers at Cox Media Group. Smith told Rayne. The last of the footage shows the little girl being led across the store's carpark. The injuries that poor kid suffered was absolutely horrific and as you said, don't go googling details of . @ActionNewsJax, Donald Smith is wearing a yellow shirt and tie today. Lawsuits claim it wrecked their teeth. All Rights Reserved. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. 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). After 30 minutes passed and her daughter hadnt returned, Perrywinkle became nervous and called the police. She spent around 20 minutessearching Walmart, McDonalds and the car park. Cherish's mother later told police she was struggling to buy clothes for her daughters when Smith overheard and offered to buy them for her. 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. We pay for your stories! @ActionNewsJax, #DonaldSmith says he wishes NOT to testify. A medical examiner who conducted the autopsy 8-year-old Cherish Perrywinkle became emotional in court Tuesday as she discussed the last moments of the young girl's life. 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. Domestic violence speaks many languages, has many colors and lives in many different communities. 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. [The trial will] involve the most graphic photos you could possibly imagine,Smiths attorney Julie Schlax replied. 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. 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. Donald saw an opportunity that day when he saw Rayne with her three girls. @ActionNewsJax, Rao explaining photographs, we will not see them, only Dr. Rao, the lawyers, and jury. Do you have a story for The Sun Online news team? @ActionNewsJax, We cannot show the public the jury, there is a white cloth blocking the cameras view, which explains the white you will at times see on our live stream. It did not present any witnesses before resting its case shortly after the state. 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. He suggested getting food at the McDonalds inside the store and asked for Cherishto accompany him and pick out the food she wanted. He cannot be filmed or identified. 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. Dr. Valerie Rao was. 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. gers in McDonalds. The next day, the full autopsy was performed. After a lapse in time while discussing strategies to find the little girl, officers begancanvassing the area in search of the little girl. When 20 minutes had passed Rayne began to worry. 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. @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. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. 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. @ActionNewsJax pic.twitter.com/nnTMgN1vnC, FDLE DNA Expert is on the stand right now. Chief Medical Examiner just asked for a break, appeared to be holding back emotion. He claimed hed buy the girls clothing with a gift card. 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. Wu said that the characteristics of Smith's brain, post-injuries, show a tendency to become fixated on something. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. The young girl was allegedly abducted. Donald Smith was charged with the kidnap,sexual battery and the first degree murder of Cherish Perrywinkle. According to a police report, Smith brought the girl out of her familys sight while shopping at that Walmart. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old Cherish. DAY 1: Cherish's mothersays she never would have knowingly let girl leave with suspect There was a hickey on herright breastand traumatic injuries to her genitalia. Smith can be heard in the recording saying they're about 12 or13 years old. Its still unclear whether she ever existed. It is up to the rest of us to take an even harder look at who is minding our children. It was shown as evidence to the jury during the trial of Donald Smith. Shed been badly beaten, raped, and murdered. The mother said she hoped very much that his intentions were genuine and that he just wanted to help. Dr Rao, visibly shaken, then asked the court for a five-minute break. Closing arguments are scheduled to begin at 9:15 a.m. Wednesday. 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. She was able to develop a full profile on him. She said that Smith had been hovering around her and her three children while they shopped at Family Dollar earlier in the day. The defense called for a mistrial over the interruption in testimony, but the judge denied the motion,Matter tweeted. 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. He wassentenced to death. @ActionNewsJax pic.twitter.com/nfpLo3x45s. @ActionNewsJax pic.twitter.com/t4j2hoddsZ. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. The child is not incapacitated, and she is going to struggle during this entire process, she said. It was a twenty minute or so walk away. Don was 61 year old Donald Smith, aregistered sex offender with offencesdating as far back as the 70s. Her mother told police Smith offered to buy the family food from a McDonald's inside the store and Cherish followed Smith to get the food. News.com.au has viewed Rao's horrifying testimony. 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. The next morning, Perrywinkles body was found half-naked and shoved under a fallen tree in a marshy area near Jacksonville. 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. February 13, 2018 / 12:38 PM Action News Jax facebook feed(Opens a new window), Action News Jax twitter feed(Opens a new window), Action News Jax youtube feed(Opens a new window), Six things we learned after two days of the Cherish Perrywinkle trial, Cherish's mothersays she never would have knowingly let girl leave with suspect, JSO officers responding to Cherish'smurder: 'Protect her, preserve the evidence'. Cherish Perrywinkle was abducted from a Florida Walmart before being sexually assaulted and strangled until her eyes bled by a man who convinced her he was just a Good Samaritan. "Doctors are people too," said the State of Dr. Rao. "Cherish did not die quickly, and she did not die easily," State Attorney Melissa Nelson told the jury a day earlier. To see all content on The Sun, please use the Site Map. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. 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. January 25, 2022, "The effects of abuse are devastating and far reaching. 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. After utilizingK-9 units, little Cherishs lifeless body was found in a nearby swampy ditch. Rao is visibly shaken as she describes the bruising, scratching and other physical injuries to the body, taking large gulps and appearing watery-eyed as she details the shocking sexual abuse carried out by Cherish's attacker. @ActionNewsJax, In openings Melissa Nelson told jurors that Smith made comments about a group of girls in the jail. There was a creek behind a Church and along with the help of a police dog, police made a devastating discovery. The images were so disturbing that the medical examiner giving evidence about the injuries sustained looked so traumatised that she needed a break in proceedings. Link your TV provider to stream full episodes and live TV. @ActionNewsJax, Judge asks Smith if he is 61 he says "old." Powered by Shopify. . Don later joined them inside the store. Stay with us as the trial moves forward. The suspect could face the death penalty if convicted. Enable our Skill today to listen live at home on your Alexa Devices! @ActionNewsJax #DonaldSmith, Lee says semen positive in rectal swab samples. @ActionNewsJax, Graphic photographs of the autopsy will be shown to the jury. 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. Smith drove Perrywinkle, her daughter, Cherish, and her two other little girls to the Walmart off ofLem Turner Road, claiming that his wife would meet them there and help them shop for clothes. Smith was arrested 10 hours later after his vehicle was spotted by a police patrol officer. Cherish's half-naked body, still wearing the same orange dress she is seen wearing at Walmart, was found in front of a church the next day. Pic.Twitter.Com/Nntmgn1Vnc, FDLE DNA Expert is on the Sun Online news team even harder at. Detected in the day sodomised her after his vehicle was spotted by a police patrol officer charges murder... 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