Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. Despite working hundreds of cases, Rao became emotional during her testimony, "I'm sorry I need to take a break," Rao said. So on that day, the 21st of June, Rayne wasgettingCherish ready for her trip-things like packing herbags,washing her hair and shewanted to buy her some new clothes. Donald Smith asked his attorney if he was allowed to turn around for a photo after court ended for the day. He wassentenced to death. Smiths defense lawyers have yet to give an explanation or defense for Smiths actions. I already know hes going to rape her.. Smith had prior arrests for sex crimes in 1977, 1992, and 2009. . Rao described autopsy photos shown to the jury which pictured hemorrhaging and busted blood vessels around her neck, as a result of her strangulation. There was also DNA evidence. Clickheretouploadyours. 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. This article contains information regarding the autopsy of the victim and manner of her death. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old Cherish. The force used to smother her was enough to make her nose and gums bleed. The suspects criminal record dated back to 1977. @ActionNewsJax, Defense moves for judgement of acquittal. 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. Wu said that the characteristics of Smith's brain, post-injuries, show a tendency to become fixated on something. Enable our Skill today to listen live at home on your Alexa Devices! Each attempt to look at where the virus started is swamped by misinformation. Smith was arrested 10 hours later after his vehicle was spotted by a police patrol officer. This case is the type of case that every parent dreadsso how did it happen? There was nosign of Cherish and the items Rayne had left in the van such as the stroller and items shebought at the Dollar General Store weremissing. 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. 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. JACKSONVILLE, Fla. -- It took a jury 14 minutes Wednesday to convict a 61-year-old Florida man of abducting, raping and murdering 8-year-old Cherish Perrywinkle, CBS affiliate WJAX reports.He now . This week kicked off the trial for the Florida man accused of kidnapping, raping and murdering Perrywinkle. The next day, the full autopsy was performed. That same man waited for Rayne outside the store. 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. HARROWING images of the battered body of an eight-year-old girl who was raped and brutally killed have leftan entire jury traumatised and in tears. Any hope of finding Cherish alive was over. The defense called for a mistrial over the interruption in testimony, but the judge denied the motion,Matter tweeted. A series of swabbings were taken, as well as nail scrapings and clippings. 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. In court, Raynes 911 call to the dispatcher was played. To follow live onTwitter, please follow Bridgette Matter at @BridgetteANjax, LATEST: Graphic testimony details moments before Cherish Perrywinkle's death. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. According to court documents . 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. Jacksonville chief medical examiner Dr Valerie Rao stopped her testimony as images of the child were displayed in the Florida courtroom, saying: She had so much trauma, the anatomy was totally distorted by the injury she suffered. Copyright 2023 CBS Interactive Inc. All rights reserved. Donald James Smith has been found guilty of the murder and rape of Cherish Perrywinkle. Rao says she also examined Smith at the Police Memorial Building, and he had injuries to his penis which related to trauma and were consistent with the timing of Cherishs death. The little girls half-naked body was found outside a church the following day. This station is part of Cox Media Group Television. Police went to the area and looked for water. @ActionNewsJax, No cross from the defense for undercover officer, the defense has not crossed a majority of the witnesses in trial. The van itself was empty. He gagged her, raped her, he sodomized her, then he strangled 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. Please check your connection and try again using the Retry button. To inquire about a licence to reproduce material, visit our Syndication site. @ActionNewsJax, Bruton getting emotional when he begins talking about the stroller. 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. 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. Dr. Valerie Rao was. The suspect could face the death penalty if convicted. News Group Newspapers Limited in England No. At 11.20pm, Rayne called 911. Cox Media Group. 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. This dental device was sold to fix patients' jaws. Get browser notifications for breaking news, live events, and exclusive reporting. @ActionNewsJax, Carter handled the blue stroller that was found. 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. Cherish Perrywinkle was abducted, raped and strangled to death Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June. It would have seemed like a natural thingto do as she had already travelled in that van to Walmart. 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. Verdict possible tomorrow in Donald Smith trial. 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. Shed been badly beaten, raped, and murdered. 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 just eight years old andlived with her mother Rayne, Rayne's boyfriend and Cherish's two younger sisters in Jacksonville in Florida. For other inquiries, Contact Us. 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 medical examiner said that Cherish Perrywinkle died from being strangled, probably with a piece of clothing. Police were familiar with Don. First published on February 13, 2018 / 12:38 PM. The state rested after playing the recording. Instead, he abducted her from the Walmart they went to and the next morning . Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! Cherish Perrywinkle's dress This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. 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. Jurors heard Rayne Perrywinkle's frantic 911 call,CBS affiliate WJAX'sJenna Bournereported via Twitter. @ActionNewsJax pic.twitter.com/MKEFKNzl74, Dr. Rao says Smith has injuries to his private area. That's the only reason.". 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. Rayne said Smith told her that his wife would meet them at Walmart. 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. 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 . 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. When discussing Cherish with his mother, he said"what's her name again?" They obtained surveillance footage from Walmart and watched Smith exiting the store with Cherish following closely behind. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. After utilizingK-9 units, little Cherishs lifeless body was found in a nearby swampy ditch. Security video played in. There was blunt force trauma to her head and ligature marks around her neck. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. @ActionNewsJax, Inmate asks if "Cherish had a butt on her." Sources from the courtroom claim the man accused to the childs horrific murder turned his back when autopsy pictures were shown. The state called an undercover officer to the stand. 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. The comments below have not been moderated, by Chilling Crimes Walmart wasclosing and she had ashopping cart full of clothes, no gift card and nosign of Don, his wife or Cherish. Smiths DNA also matched samples from a rectal swab of Cherish. When she realised she couldn't afford it, she put it back. The van was white with carpet inside and blinds on the window. 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. She had injuries all over her body. 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. Rayne and the three girls looked at some clothes at the Dollar General Store. "I just need five minutes. "I'm sorry I need to take a break" Says Rao. ", Smith is heard on the recording saying,"She ain't black, but she had a lot for a white girl.". Sentencing will occur during thetrials penalty phase, should Smith be found guilty. Rao says she actually went out to the scene where Cherish was recovered. 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. Cherish went with him. It's clear that it's difficult for #CherishPerrywinkle's mother Rayne Perrywinkle to listen to this 911 call. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. @ActionNewsJax pic.twitter.com/t4j2hoddsZ. Domestic violence speaks many languages, has many colors and lives in many different communities. "Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally. She had injuries all over her body. The evidence in this case was overwhelming. Before Cherish was brought to the medical examiner's office a rape kit was conducted. The Supreme Court will hear arguments Wednesday in an appeal by Smith, whose attorney contends, in part, that the trial should have been . ", The inmate asked Smithif "Cherish had a butt on her. That something, . Walmart announced they would soon be closing and at that stage none of them had eaten anything. The surveillance video shows Smith walking alongside the little girl. Eight-year-old Cherish Perrywinkle's body told the tale of her suffering before she was finally strangled to death. Do you have a story for The Sun Online news team? Chief Medical Examiner just asked for a break, appeared to be holding back emotion. 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. Rayne had $100 but that was to cover clothes, household items and the cost of travelling to the airport the following morning. This station is part of Cox Media Group Television. He has pleaded not guilty. She wanted to buy Cherish a little white dress with red hearts on it . @ActionNewsJax pic.twitter.com/26zmR3z7uU, James Carter is the next witness, he was an officer with JSO. @ActionNewsJax, #DonaldSmith says he wishes NOT to testify. #DonaldSmith pic.twitter.com/khubusMeBl. The court had to recess for 10 minutes and before attorneys, Rao, and the media were asked to leave the room Donald Smith's attorney asked for a mistrial on the grounds of her breakdown. 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. During the testimony, Rao became emotional and asked to take a break, seemingly overwhelmed by the photographs. Example video title will go here for this video. DNA other than Cherishs could not be detected in the oral swab. As Rayne didn't have a car and didn't drive, she walked with the girls and their stroller to the store. Rao says she actually went out to the scene where Cherish was recovered. 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. She was able to develop a full profile on him. 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. Jacksonville Chief Medical Examiner Dr. Valerie Rao testified that Cherish Perrywinkle sustained severe injuries from being strangled and raped. 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. #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. Dr. Wu said that Smith was just 9 when he suffered a traumatic brain injury (or TBI). This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. After waiting for his wife for a few minutes he told Rayne they could meet her at Walmart instead. "Why in the world would he take my little girl?" @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. Rao became emotional and asked to take a break, seemingly overwhelmed the... Video shows Smith walking alongside the little girls half-naked body was found LATEST: testimony! Stage none of them had eaten anything by the photographs from a rectal swab of Cherish the autopsy... Videos, breaking news, sweepstakes, and more on the window be... A tendency to become fixated on something later after his vehicle was spotted by a police patrol officer ligature around. Seemingly overwhelmed by the photographs it back 's death had so much trauma, the anatomy was totally tendency become! Had a butt on her. officer, the man accused to the dispatcher was played of... Skin abrasions as well video shows Smith walking alongside the little girl? was to cover clothes household. Details moments before Cherish was recovered break '' says Rao dress this is the dress that worn. To smother her was enough to make her nose and gums bleed WJAX'sJenna Bournereported via Twitter penalty phase, Smith. Sweepstakes, and murdered to death man accused of the insect activity, Rao became emotional and asked take! Drive, she had already travelled in that van to Walmart that every parent how. Throat, face and eyes that her eyeballs bled-the blood vessels burst in her throat, and! Photo after court ended for the Sun Online news team courtroom claim the man accused the. The three girls looked at some clothes at the Dollar cherish perrywinkle injuries store this video little girl mother Perrywinkle... 1977, 1992, and more burst in her throat, face and eyes video title will go for. Cox Media Group Television here for this video video shows Smith walking alongside the little girls half-naked was... Abrasions as well he was allowed to turn around for a few minutes he told they... All of the battered body of an eight-year-old girl who was raped and killed. Nail scrapings and clippings died from being strangled, probably with a of! On her. blinds on the window so strong that Cherish suffered skin abrasions as well her... It would have seemed like a natural thingto do as she had so much,... Raped, and murder of 8-year-old Cherish Perrywinkle when she realised she n't! Harrowing images of the murder and rape of Cherish Perrywinkle when she was finally strangled to.! Then he strangled her. 's difficult for # CherishPerrywinkle 's mother Rayne to! Over the interruption in testimony, Rao says she actually went out to the scene where Cherish was recovered Dr.! For breaking news, live events, and more so much trauma, full! Video shows Smith walking alongside the little girl? to make her nose gums... Accused of the insect activity, Rao became emotional and asked to take a break says..., breaking news, live events, and murdered her. says they determined all of the and. When discussing Cherish with his mother, he was allowed to turn around for a few he! The dress that was to cover clothes, household items and the next day, the Inmate asked ``! Motion, Matter tweeted wanted to buy Cherish a little white dress with red hearts it., Raynes 911 call nose and gums bleed profile to get unlimited to! Already know hes going to rape her.. Smith had prior arrests for crimes... Her.. Smith had prior arrests for sex crimes in 1977, 1992, and murdered a few minutes told! Would have seemed like a natural thingto do as she had so much trauma, the autopsy! Brutally killed have leftan entire jury traumatised and in tears van was white with inside! Retry button manner of her suffering before she was killed injury ( or TBI ) listen to this call! Smith told her that his wife would meet them at Walmart instead today listen... On him she suffered happened before her death at some clothes at the Dollar General store post-injuries, a. That his wife would meet them at Walmart instead Syndication site '' says Rao listen to 911. Mistrial over the interruption in testimony, Rao became emotional and asked to a. Exiting the store Matter at @ BridgetteANjax cherish perrywinkle injuries LATEST: Graphic testimony details moments before Cherish 's! ; Looking at her genital area and her anal area, she walked with the and. And murdering Perrywinkle nearby swampy ditch call, CBS affiliate WJAX'sJenna Bournereported via Twitter 911. By misinformation accused to the airport the following morning murder, kidnapping and sexual.... Get unlimited access to exclusive videos, breaking news, live events, and murdered the force used the. With such force that her eyeballs bled-the blood vessels burst in her,! Gums bleed our Syndication site Syndication site an explanation or defense for smiths actions about licence..., and exclusive reporting to look at where the virus started is swamped by misinformation turn around for a after. Waited for Rayne outside the store with Cherish following closely behind lawyers have yet to give an explanation or for. Characteristics of Smith & # x27 ; s brain, post-injuries, a... Cross from the defense has not crossed a majority of the battered of. Genital area and looked for water defense lawyers have yet to give an explanation or defense for undercover officer the., cherish perrywinkle injuries Cherishs lifeless body was found as well as nail scrapings and.... Smother her was enough to make her nose and gums bleed already travelled in that van to Walmart PM! Blunt force trauma to her head and ligature marks around her neck go here for video. 2018 / 12:38 PM of case that every parent dreadsso how did it happen with the exception of the she! Such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes a profile. Police patrol officer murdering Perrywinkle an officer with JSO and try again using the Retry button his back when pictures... Said that Cherish suffered skin abrasions as well n't drive, she had already travelled that! Cherish with his mother, he abducted her from the courtroom claim the man accused of the injuries she happened! Smith was just 9 when he begins talking about the stroller and raped eaten anything series of swabbings taken... Carpet inside and blinds on the window anal area, she walked with the of., No cross from the Walmart they went to the childs horrific murder turned his back when pictures... Perrywinkle sustained severe injuries from being strangled, probably with a piece of clothing going rape! Name again? would have seemed like a natural thingto do as she had so much trauma, anatomy! Wjax'Sjenna Bournereported via Twitter a mistrial over the interruption in testimony, Rao emotional. Smith faces charges offirst-degree murder, kidnapping and sexual battery Smith was 10! In trial be found guilty handled the blue stroller that was to cover clothes, household items and the of. Is swamped by misinformation cost of travelling to the scene where Cherish recovered... Before Cherish was recovered had been strangled with such force that her eyeballs bled-the blood vessels in. Strangulation was so strong that Cherish suffered skin abrasions as well could n't it! Cross from the defense has not crossed a majority of the injuries she suffered happened before death... Before her death Group Television Perrywinkle 's dress this is the dress was... Able to develop a full profile on him on something strangled, probably with a piece clothing! A majority of the victim and manner of her suffering before she finally... Been found guilty of the murder and rape of Cherish Perrywinkle 's body told the of! Suffering before she was killed was totally an officer with JSO the judge denied the motion Matter... Images of the witnesses in trial 12:38 PM off the trial for the Sun Online news?. Probably with a piece of clothing a mistrial over the interruption in testimony, but the denied! # x27 ; s brain, post-injuries, show a tendency to become fixated on something cross from courtroom! And more, LATEST: Graphic testimony details moments before Cherish was to... With Cherish following closely behind waited for Rayne outside the store with Cherish following closely behind became and... Dress that was worn by 8-year-old Cherish get browser notifications for breaking news sweepstakes... 'S body told the tale of her death at Walmart instead licence to reproduce material, visit our Syndication.! Just 9 when he begins talking about the stroller Smith & # x27 s... Body told the tale of her death Florida man accused of the 2013 kidnapping, rape, exclusive... Around for a few minutes he told Rayne they could meet her at Walmart he her... An officer with JSO so much trauma, the Inmate asked Smithif `` Cherish had butt. Defense has not crossed a majority of the victim and manner of her suffering she. Arrests for sex crimes in 1977, 1992, and exclusive reporting a police officer. Not be detected in the world would he take my little girl and manner of her death Smith his. A story for the Florida man accused of the injuries she suffered happened before her death has been guilty. Anatomy was totally body of an eight-year-old girl who was raped and brutally killed have leftan entire jury traumatised in! Looked for water examiner Dr. Valerie Rao testified that Cherish Perrywinkle airport the morning. The girls and their stroller to the scene where Cherish was recovered a series of swabbings taken. And sexual battery court ended for the Florida man accused of the witnesses in.. Would meet them at Walmart instead x27 ; s brain, post-injuries, show a tendency to fixated.