Wu said that the characteristics of Smith's brain, post-injuries, show a tendency to become fixated on something. to Cherish's injuries, there was no need to introduce photographs of those injuries. . On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old Cherish Perrywinkle was killed in 2013. 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. Walmart wasclosing and she had ashopping cart full of clothes, no gift card and nosign of Don, his wife or Cherish. The mother said she hoped very much that his intentions were genuine and that he just wanted to help. 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. 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. It was a child that was abducted, it was something that the entire City of Jacksonville was concerned about, she says. @ActionNewsJax pic.twitter.com/t3GMOb1P6K, Because Cherish was submerged in water some of the DNA could have been washed away. Cherish Perrywinkle's dress This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. The Supreme Court will hear arguments Wednesday in an appeal by Smith, whose attorney contends, in part, that the trial should have been . At that point, Rayne had no idea that there was a man watching her every move. 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. However, they never returned. He allegedly lured both mother and daughter by offering to buy them new clothes. 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 . A series of swabbings were taken, as well as nail scrapings and clippings. She testified that he believed him. The Associated Press contributed to this report. Rao says she actually went out to the scene where Cherish was recovered. @ActionNewsJax, #DonaldSmith has looked at all evidence presented in this case, but his back is turned to the screen as Cherish's autopsy photos are shown. Donald Smith was standing trial on charges of first-degree murder, kidnapping and sexual battery. Smith had been on the sex offenders list since 1993. 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. 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. 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. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. It took a Jacksonville jury less than 15 minutes to find Donald James Smith, 61, guilty of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle in Florida in 2013. 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. #DonaldSmith can be heard saying this to another inmate about a girl at the jail @ActionNewsJax, #DonaldSmith can be heard saying they're about 12, 13. There was just one problem with that though. He claimed hed buy the girls clothing with a gift card. The next day, the full autopsy was performed. 2018 CBS Interactive Inc. All Rights Reserved. Jurors heard Rayne Perrywinkle's frantic 911 call,CBS affiliate WJAX'sJenna Bournereported via Twitter. Dr. Valerie Rao was. On June 21, 2013, Cherish Perrywinkle, 8, was abducted from a Jacksonville Walmart, raped and murdered by Donald James Smith, a sexual offender. @ActionNewsJax, Much of the witnesses in this trial are not being crossed by the defense. It was a twenty minute or so walk away. "I'm sorry I need to take a break" Says Rao. Then he did. The cashier at the Dollar GeneralStore confirmed a man asked if Rayne had put the clothes back. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. Jury will then deliberate. This article contains information regarding the autopsy of the victim and manner of her death. The jury found him guilty on all charges. 2018. It's clear that it's difficult for #CherishPerrywinkle's mother Rayne Perrywinkle to listen to this 911 call. For other inquiries, Contact Us. 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. This material may not be published, broadcast, rewritten, or redistributed. DNA other than Cherishs could not be detected in the oral swab. At around 9 a.m. the following morning, officers spottedSmiths van off of I-95 near downtown Jacksonville. Protect yourself and those you love. 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. There was also DNA evidence. Smith, the man accused. @ActionNewsJax pic.twitter.com/MKEFKNzl74, Dr. Rao says Smith has injuries to his private area. Dr Valerie Rao earlier broke down while giving evidence at the trial of Cherish's killer. Cherish sustained a hemorrhage to her head, indicative of blunt force trauma, but not enough to end her young life. On June 21, 2013, Smith met eight-year-old Cherish Perrywinkle, her sisters, and her mother, Rayne, at a Dollar General store in Jacksonville. She sustained bruises to her legs, her arms, the hickey on her breast, and various scratches. Smith overheard Rayne explain to an . "She died after she sustained tremendous force on her neck such that she could not breathe," Rao told the court. @ActionNewsJax, In openings Melissa Nelson told jurors that Smith made comments about a group of girls in the jail. @ActionNewsJax pic.twitter.com/CMCaOxtIdj, First witness of today, Jerome Bruton who found a blue stroller on his deceased uncles home. Rayne reportedly had her head down as she listened to the call from the witness stand. 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. Cherish did not die quickly, and she did not die easily. 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. It was the 21st of June 2013. 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. Shed been badly beaten, raped, and murdered. @ActionNewsJax, Dr. Rao explains fluids from body is taken to check for drugs, she is going through how an autopsy is performed. 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. "Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally. [Photo: Florida Department of Law Enforcement]. @ActionNewsJax, Carter handled the blue stroller that was found. 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. Sign up below to be added to our mailing list for the latest news updates, access to exclusive contests, and more! This station is part of Cox Media Group Television. At times she fought back tears while speaking about the last hours of her daughters life in 2013. 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. Rayne and the three girls looked at some clothes at the Dollar General Store. Smith can be heard in the recording saying they're about 12 or13 years old. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. @ActionNewsJax, Judge says she is denying the motion for mistrial. There was no kicking or screaming. Before Cherish was brought to the medical examiner's office a rape kit was conducted. I dont understand why he would leave right now. 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. It was shown as evidence to the jury during the trial of Donald Smith. Even more disturbing than that was the fact he took Cherish on at least two occasions to the dressing room alone. JACKSONVILLE, Fla. LIST: Six things we learned after two days of the Cherish Perrywinkle trial. DAY 1: Cherish's mothersays she never would have knowingly let girl leave with suspect Road closed due to construction work on Channel View Blvd both ways from Blount Island Blvd to Reef Run Rd. Her injuries revealed defensive wounds which showed this little 67lbs 8 year old girl fought for her life but she was no match for the monster who had kidnapped her. The cause of death, Rao determined, was mechanical asphyxia. But it wasn't until closing time that his true and sinister intentions were revealed. He lured the child away from her mother with the promise of new clothes after overhearing the mother complaining of being unable to afford new dresses for her daughters. At the Dollar General Store, Rayne took a few items to the till to have them price checked . Cherish Perrywinkle: What You Need to Know As CrimeOnline previously reported , On June 21, 2013, a man approached a single, struggling mother, Reyne Perrywinkle, at the Dollar General store on Edgewood Avenue West in Jacksonville. Includingthe witnesses. @ActionNewsJax, Donald Smith is wearing a yellow shirt and tie today. Lawsuits claim it wrecked their teeth. 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