Despite working hundreds of cases, Rao became emotional during her testimony, "I'm sorry I need to take a break," Rao said. At times she fought back tears while speaking about the last hours of her daughters life in 2013. "She died after she sustained tremendous force on her neck such that she could not breathe," Rao told the court. Smith can be heard in the recording saying they're about 12 or13 years old. At around 11 p.m., Smiths supposed wife was nowhere to be found. 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. 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. 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. 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. His DNA was found on and inside Cherish's body and Cherish's DNA was found on his penis. The CCTV footage documents the last time the child was seen alive. 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. 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. He picked out some shoes for her to wear, really inappropriate shoes for an eight year old child as they were women's highshoes. She was alone, under pressure and finding it difficult to manage and couldn't afford to buy them clothes. @ActionNewsJax pic.twitter.com/nfpLo3x45s. Security video played in. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. The Supreme Court will hear arguments Wednesday in an appeal by Smith, whose attorney contends, in part, that the trial should have been . 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. I don't understand why he would leave right now unless he's going to rape her and kill her. Dr Rao, visibly shaken, then asked the court for a five-minute break. The cashier at the Dollar GeneralStore confirmed a man asked if Rayne had put the clothes back. 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. First published on February 13, 2018 / 12:38 PM. It would have seemed like a natural thingto do as she had already travelled in that van to Walmart. It was the 21st of June 2013. To see all content on The Sun, please use the Site Map. #DonaldSmith has not turned around to look Cherish's autopsy photos, he is not looking at photos of himself either. After a lapse in time while discussing strategies to find the little girl, officers begancanvassing the area in search of the little girl. (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. And now, this sex offender had Cherish. to Cherish's injuries, there was no need to introduce photographs of those injuries. @ActionNewsJax, "Semen positive" in vaginal swabs. @ActionNewsJax pic.twitter.com/JtVFWHPQPu, Dr. Walerie Rao is the chief medical examiner in Duval County. Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June 2013. Sources from the courtroom claim the man accused to the childs horrific murder turned his back when autopsy pictures were shown. This case is the type of case that every parent dreadsso how did it happen? "That's right up my alley, right there, that's my target area," he's heard saying. "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. News.com.au has viewed Rao's horrifying testimony. Rayne went into Walmart with the three girls and began shopping. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. People at Walmart would not have been concerned either. Walmart wasclosing and she had ashopping cart full of clothes, no gift card and nosign of Don, his wife or Cherish. This dental device was sold to fix patients' jaws. @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. We pay for your stories! 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. There was a creek behind a Church and along with the help of a police dog, police made a devastating discovery. The court was also shown graphic images of the state of the childs body, leading jury members to gasp in horror and break down in tears. He had just been released from prison some three weeks earlier. The state called an undercover officer to the stand. Because of the nature of the case. At the Dollar General Store, Rayne took a few items to the till to have them price checked . That same man waited for Rayne outside the store. Road closed due to construction work on Channel View Blvd both ways from Blount Island Blvd to Reef Run Rd. Please check your connection and try again using the Retry button. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. "I'm sorry I need to take a break" Says Rao. The suspect could face the death penalty if convicted. There was a hickey on herright breast. 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. The man struck up a conversation with Rayne outside the store. She spent around 20 minutessearching Walmart, McDonalds and the car park. She didn't know Don at all and described him as a man with white hair who drove a white van. The state and defense have rested in thecase against Donald Smith on Day 2 of his murder trial. Smith had been on the sex offenders list since 1993. When discussing Cherish with his mother, he said"what's her name again?" Learn about careers at Cox Media Group. There was no kicking or screaming. Police received a tip off that Don's van had been seen parked in woods. 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. She died after she sustained tremendous force on her neck such that she could not breathe.. LIST: Six things we learned after two days of the Cherish Perrywinkletrial, ON TV: Full report from @BridgetteAnJax on CBS47 at 5 and 6, DAY 2:'She had a lot for a white girl,' Smith tells inmate in jailhouse recording. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. @ActionNewsJax, Dr. Rao looking through autopsy photographs. The van itself was empty. View our online Press Pack. 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, Defense moves for judgement of acquittal. 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. 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 . The mother said she hoped very much that his intentions were genuine and that he just wanted to help. Rayne was reluctant at first but agreed to the lift. Police were clear about one thingthough. Do you have a story for The Sun Online news team? He saw Cherish as a sexual object and when he raped her, he murdered her in an attempt to evade justice. @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. Death row inmate . 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. 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. The stronger the force applied, the larger the petechiae in the eye are. @ActionNewsJax, The next series of photographs are injuries. After utilizingK-9 units, little Cherishs lifeless body was found in a nearby swampy ditch. 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. Police went to the area and looked for water. She wanted to buy Cherish a little white dress with red hearts on it . This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. Closing arguments will take place tomorrow, and then jury deliberations will begin #DonaldSmith #CherishPerrywinkle pic.twitter.com/Z8NfJTaNus. Jacksonville, FL Editor's note:The details of this testimony can be considered graphic and difficult for some readers. 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. The state and defense have rested in the case against Donald Smith on Day 2 of his murder trial. Even Rao had to ask the court for a brief recess during her testimony. The judge asked each juror "Is this your true and correct verdict?" [Photo: Florida Department of Law Enforcement]. 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. In fact, hers was a brutal and tortured death.". Cherish was wearing purple flip flops when she disappeared. Don was 61 year old Donald Smith, aregistered sex offender with offencesdating as far back as the 70s. I already know hes going to rape her.. She got into Don's van. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. Suffered swelling in her brain. Dress that Cherish Perrywinkle was last see in is shown to the jury @FCN2go #DonaldSmith pic.twitter.com/cI1MGK48n0. 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. When 20 minutes had passed Rayne began to worry. Donald saw an opportunity that day when he saw Rayne with her three girls. She is heard telling a dispatcher, "I feel like a fool," and saying she couldn't remember what Smith was wearing or what his license plate was, Bourne tweeted. Rao says she actually went out to the scene where Cherish was recovered. 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. The convicted murderer offered to buy Rayne a dress along with a $150 gift card. The cause of death, Rao determined, was mechanical asphyxia. 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 takes a person anywhere from three to five minutes to die from being asphyxiated to death. Smith's team argued that the pictures' unduly 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 is up to the rest of us to take an even harder look at who is minding our children. 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 had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. I need just 5 minutes.". Instead theyve been arguing that he wouldnt receive a fair trial in Jacksonville or its surrounding areas. 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. @ActionNewsJax #DonaldSmith, Lee says semen positive in rectal swab samples. @ActionNewsJax, Judge asks Smith if he is 61 he says "old." Rao estimates it would have taken three to five minutes for the girl to die in this manner. 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. 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. #DonaldSmith pic.twitter.com/khubusMeBl. The cashier later confirmed he saw themtalking in the car park for around 15-20 minutes. "I just need five minutes. She said, I hope to God he doesnt kill her and I hope to God he doesnt rape her. It was a child that was abducted, it was something that the entire City of Jacksonville was concerned about, she says. Recording of Smith "She ain't black, but she had a lot for a white girl." The child is not incapacitated, and she is going to struggle during this entire process, she said. Rayne Perrywinkle, the victim's mother, also testified in court today. There was blunt force trauma to her head and ligature marks around her neck. January 25, 2022, "The effects of abuse are devastating and far reaching. Here we have two people who are in a struggle. Not only was there CCTV of Donald leaving Walmart with Cherish, there was evidence of his arrest while still wet and a witness who saw his van parked near to where Cherish's body had been found. Cherish was just eight years old andlived with her mother Rayne, Rayne's boyfriend and Cherish's two younger sisters in Jacksonville in Florida. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. Smith manipulated the girl's mother into making her think he only wanted to buy clothing for Cherish Perrywinkle and her siblings. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. 1. 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. The injuries she suffered happened before her death, Rao says they determined all of the injuries she happened! 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