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 . Cherish did not die quickly, and she did not die easily. Walmart announced they would soon be closing and at that stage none of them had eaten anything. We pay forvideostoo. #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. Defense is looking for a mistrial because Rao asked for a break. She said, I hope to God he doesnt kill her and I hope to God he doesnt rape her. 2023 Chilling Crimes. She said that Smith had been hovering around her and her three children while they shopped at Family Dollar earlier in the day. 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. WOKV and Action News Jax continue to follow all of the developments from inside of the courtroom. The jury found him guilty on all charges. 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. Donald saw an opportunity that day when he saw Rayne with her three girls. There was just one problem with that though. 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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. 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. 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. All she knew was that she had a badfeeling about him and that he must have taken Cherish. Dr. Valerie Rao was. 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. Email us attips@the-sun.co.ukor call 0207 782 4368. I already know hes going to rape her.. As Rayne didn't have a car and didn't drive, she walked with the girls and their stroller to the store. video feed below for live video updates from court: please follow Bridgette Matter at @BridgetteANjax, Graphic testimony details moments before Cherish Perrywinkle's death, 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. In his discussion with his mother, heput an emphasis on rape being a violent act. What she sustained was tremendous force on her next, such that she basically, she could not breathe. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old Cherish. 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. Cherish Perrywinkle's dress This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. 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. Smith told Rayne. 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 thing toreally note in this case is Rayne's intuition. When discussing Cherish with his mother, he said"what's her name again?" At around 7.30pm thatevening, Rayne took Cherish and her two sisters to the DollarGeneralStore on Edgewood Avenue. This material may not be published, broadcast, rewritten, or redistributed. Prior Arrest . Rayne Perrywinkle, the victim's mother, also testified in court today. @ActionNewsJax, Inmate asks if "Cherish had a butt on her." It was a twenty minute or so walk away. Rayne is heard saying in the call. The state and defense have rested in thecase against Donald Smith on Day 2 of his murder trial. 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. When she found out her daughter was dead, she collapsed. In fact, hers was a brutal and tortured death.". "That's right up my alley, right there, that's my target area," he's heard saying. He claimed hed buy the girls clothing with a gift card. February 04, 2022, "The criminal justice system will take a hard look at what happened to Matthew Eappen. On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old. After waiting for his wife for a few minutes he told Rayne they could meet her at Walmart instead. The child is not incapacitated, and she is going to struggle during this entire process, she said. Don told Rayne he would getcheeseburgers in McDonalds. Seeing a skipping and smiling Cherish with an older man would have looked like aregular grandfather andgranddaughter. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. I dont understand why he would leave right now. @ActionNewsJax, Carter says he collected purple flip flops as evidence. 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. There was a creek behind a Church and along with the help of a police dog, police made a devastating discovery. Smith allegedly lured Perrywinkle's family to Walmart in 2013 with promises to buy food and clothing, then left with the girl. A medical examiner who conducted the autopsy on 8-year-old Cherish Perrywinkle became emotional in court Tuesday as she discussed the last moments of the young girl's life. 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. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. Not so much at his Trial but in a prison recording of a conversation he had with his mother. 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. 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. Rayne reportedly had her head down as she listened to the call from the witness stand. . 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. Sources from the courtroom claim the man accused to the childs horrific murder turned his back when autopsy pictures were shown. Smiths DNA also matched samples from a rectal swab of Cherish. @ActionNewsJax, #DonaldSmith has not turned around to look Cherish's autopsy photos, he is not looking at photos of himself either. 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. Rao said she went to the crime scene, Because the nature of the case, it was a child that was abducted. 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. 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. She spent around 20 minutessearching Walmart, McDonalds and the car park. Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. At around 9 a.m. the following morning, officers spottedSmiths van off of I-95 near downtown Jacksonville. 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 Perrywinkletrial, She had a lot for a white girl,' Smith tells inmate in jailhouse recording. @ActionNewsJax, The DNA was a 1 in 35 quintillion match. Even Rao had to ask the court for a brief recess during her testimony. The cause of death, Rao determined, was mechanical asphyxia. There was a hickey on herright breastand traumatic injuries to her genitalia. She got into Don's van. 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. #DonaldSmith @FCN2go pic.twitter.com/IqHaXOp8UO. 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. @ActionNewsJax pic.twitter.com/t3GMOb1P6K, Because Cherish was submerged in water some of the DNA could have been washed away. The suspect could face the death penalty if convicted. 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. Police received a tip off that Don's van had been seen parked in woods. Her body was found in the water , weighted down by bricks and debris and under a tree. 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'. A number of troublingincidents happened inside Walmart. Get browser notifications for breaking news, live events, and exclusive reporting. Jury will then deliberate. The child is not incapacitated, and she is going to struggle during this entire process, she said. The stronger the force applied, the larger the petechiae in the eye are. Cherish was just eight years old andlived with her mother Rayne, Rayne's boyfriend and Cherish's two younger sisters in Jacksonville in Florida. 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