He strangled her with such force her eyeballs bled, Nelson said. 2018 CBS Interactive Inc. All Rights Reserved. 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. At the Dollar General Store, Rayne took a few items to the till to have them price checked . to Cherish's injuries, there was no need to introduce photographs of those injuries. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. Donald Smith, 61, is charged with kidnapping, raping and murdering the girl, and faces a possible death sentence if convicted. Eight-year-old Cherish Perrywinkle's body told the tale of her suffering before she was finally strangled to death. There was nosign of Don or Cherish. Dr Rao, visibly shaken, then asked the court for a five-minute break. Her injuries were inflicted before she died. 2023 Cox Media Group. Dr. Wu said that Smith was just 9 when he suffered a traumatic brain injury (or TBI). 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. Don didn't have a wife. 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. 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. 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. @ActionNewsJax, In openings Melissa Nelson told jurors that Smith made comments about a group of girls in the jail. Rao estimates it would have taken three to five minutes for the girl to die in this manner. 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, Next photos of Cherish's neck are shown. 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. First published on February 13, 2018 / 12:38 PM. During the trial, Cherish's injuries were described and shown to the jury. Even after all the horror he inflicted on Cherish the callousness of that statement is strikingandfurther confirms a man like Donald will never change and if giventhe chance will do it again. DAY 1:JSO officers responding to Cherish'smurder: 'Protect her, preserve the evidence'. JACKSONVILLE, Fla. --A medical examiner who conducted the autopsy on an 8-year-old Florida girl who was abducted, raped and murderedbecame emotional and had to interrupt her testimony at the trial of the man accused of the crime. @ActionNewsJax. Cherish went with him. The cause of death, Rao determined, was mechanical asphyxia. Cherish sustained a hemorrhage to her head, indicative of blunt force trauma, but not enough to end her young life. 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. You may be offline. @ActionNewsJax, Rao says Cherish weighed 67 pounds. The next day, the full autopsy was performed. @ActionNewsJax, Dr. Rao is explaining photos, multiple bruises on Cherish's body. This is the dress that was worn by 8-year-old Cherish Perrywinkle when she was killed. "Cherish did not die quickly, and she did not die easily," State Attorney Melissa Nelson told the jury a day earlier. #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. Rayne had $100 but that was to cover clothes, household items and the cost of travelling to the airport the following morning. @ActionNewsJax, Defense is not presenting any witnesses. #DonaldSmith. Eight-year-old Cherish Perrywinkle's body told the tale of her suffering before she was finally strangled to death. The comments below have not been moderated, by Chilling Crimes Smith was arrested 10 hours later after his vehicle was spotted by a police patrol officer. 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. February 13, 2018 / 12:38 PM The same day, the girl's mother took the stand and tearfully testified she thought Smith was a good Samaritan who was trying to help her family out. 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. That something, . There was also DNA evidence. The last of the footage shows the little girl being led across the store's carpark. 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Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. #DonaldSmith #CherishPerrywinkle, Two women cover their mouth as next photo is shown. @ActionNewsJax pic.twitter.com/3E0kGk8lpB, State says it is difficult for even professionals to stay composed. Security video played in. Security video played in court showed her skipping out the door behind him. 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. The murder was especially heinous, or cruel; 5. I need just 5 minutes.". On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old. Viewing autopsy photographs of her battered body in court on Tuesday, she became teary and asked to take a break. 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. It is up to the rest of us to take an even harder look at who is minding our children. @ActionNewsJax, Dr. Rao says Cherish died from asphyxia. 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 defense moved for a mistrial based on Raos request, but that was denied by the judge. It was a child that was abducted, it was something that the entire City of Jacksonville was concerned about, she says. Don was wearing the same clothes as the day before-a black t-shirt and jeans and the lower half of his body was soaking wet. Smith had his back turned to the screen and did not view the photos, Matter reported. 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 . "Why in the world would he take my little girl?" 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. Sign up below to be added to our mailing list for the latest news updates, access to exclusive contests, and more! 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. Smith can be heard in the recording saying they're about 12 or13 years old. 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. @ActionNewsJax #DonaldSmith, Lee says semen positive in rectal swab samples. 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. There was nosign of Don or Cherish. Police received a tip off that Don's van had been seen parked in woods. DNA other than Cherishs could not be detected in the oral swab. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! 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. ", by Chilling Crimes I dont understand why he would leave right now. This material may not be published, broadcast, rewritten, or redistributed. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. The van was white with carpet inside and blinds on the window. Rao estimates it would have taken three to five minutes for the girl to die in this manner. Don told Rayne he would getcheeseburgers in McDonalds. Even Rao had to ask the court for a brief recess during her testimony. 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. Nelson said that the childs last five hours alive were torturous. Perrywinkle can be heard saying: "I'm hoping he's not raping her right now because I've had that done to me and it's not fun.". The next day, the full autopsy was performed. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. She testified that he believed him. . 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. The CCTV footage documents the last time the child was seen alive. Smiths DNA also matched samples from a rectal swab of Cherish. She had injuries all over her body. Donald Smith's trial in the murder of Cherish Perrywinkle is set to begin Monday. 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. #DonaldSmith has not turned around to look Cherish's autopsy photos, he is not looking at photos of himself either. As jurors . The child is not incapacitated, and she is going to struggle during this entire process, she said. The surveillance video shows Smith walking alongside the little girl. Many female jurors cried as Dr. Valerie Rao, the medical examiner who performed Cherish's autopsy, explained injuries and bruising to Cherish's body, including her neck and face, and pictures of her private parts. 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 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. 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. @ActionNewsJax pic.twitter.com/t4j2hoddsZ. For further details of our complaints policy and to make a complaint please click this link: thesun.co.uk/editorial-complaints/, Cherish Perrywinkle was abducted, raped and strangled to death, CCTV images showing the Cherish leaving Walmart with the man who is accused of killing her, Donald Smith faces the death penalty is convicted of killing Cherish Perrywinkle, Medical Examiner Dr. Valerie Rao leaves the courtroom visibly upset, The Judge allowed a break in proceedings as the jury and medical examiner were left in tears by the graphic images, Smith turned his back to the court as graphic images from the child's post-mortem were shown to the jury, The State Attorney seen with Dr Rao as they go over the visual evidence to be presented to the court, CCTV images of Cherish crossing the Walmart car park are the last time she was seen alive, Horror injuries of Cherish Perrywinkle, 8, raped, tortured and strangled until her eyes bled by Walmart monster leaves murder jury in tears, Parents who killed teen by allowing weight to balloon to 23st before she died in squalor covered in maggots are jailed, Man, 43, died after being held down by security guards at Sainsbury's, Man rushed to hospital with stab wounds after 'incident' at Hackney Central railway station as cops rush to scene, Independent Press Standards Organisation (IPSO). Her body was found in the water , weighted down by bricks and debris and under a tree. She wanted to buy Cherish a little white dress with red hearts on it . Shortly the recording from the jail will be played. As she looked at photos of Cherish's disfigured body, Rao began to cry and asked to take a break. The cashier at the Dollar GeneralStore confirmed a man asked if Rayne had put the clothes back. @ActionNewsJax, "Semen positive" in vaginal swabs. Cherish went with him. @ActionNewsJax, "All her injuries she sustained were prior to her death." Police were familiar with Don. @ActionNewsJax, Officer Charles Carter, with JSO's Department of Corrections Intelligence Unit is on the stand. Death row inmate . Any hope of finding Cherish alive was over. But it wasn't until closing time that his true and sinister intentions were revealed. Lee says not being able to detect foreign DNA, or not being able to assemble a full profile, can happen for several reasons, includingenvironmental factors like the presence of water where the remains were found. He said he dressed as a maintenance worker and placed microphones in vents at the Duval County jail. @ActionNewsJax, Perrywinkle was the 1,034 case that arrived at the medical examiners office. He looked into my face and told me I was safe.. Check out never-before-seen content, free digital evidence kits, and much more! Instead theyve been arguing that he wouldnt receive a fair trial in Jacksonville or its surrounding areas. @ActionNewsJax, Donald Smith is wearing a yellow shirt and tie today. @ActionNewsJax, June 23, 2015 is when the recording equipment was placed in the Duval County jail. @ActionNewsJax. Smith had prior arrests for sex crimes in 1977, 1992, and 2009. . 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. Opening statements were held in the trial Monday. 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. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. @ActionNewsJax, Dr. Rao asks to take a break seeming overwhelmed by the photos. After a lapse in time while discussing strategies to find the little girl, officers begancanvassing the area in search of the little girl. Rayne went into Walmart with the three girls and began shopping. She suffered severe injuries, abrasions and contusions all over he body after being strangled with a piece of clothing, tortured and raped. Because of the nature of the case. 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. 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). Large petechiae formed in her eyes from the force of strangling her to death. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. He had just been released from prison some three weeks earlier. ", The inmate asked Smithif "Cherish had a butt on her. @ActionNewsJax, Rao explaining photographs, we will not see them, only Dr. Rao, the lawyers, and jury. Powered by Shopify. Cherish was just eight years old andlived with her mother Rayne, Rayne's boyfriend and Cherish's two younger sisters in Jacksonville in Florida. Rayne said Smith told her that his wife would meet them at Walmart. This station is part of Cox Media Group Television. Cherish Perrywinkle CBS affiliate WTEV Smith allegedly lured Perrywinkle's family to Walmart in 2013 with promises to buy food and clothing, then left with the girl. @ActionNewsJax, Defense moves for judgement of acquittal. On June 21, 2013, Smith met eight-year-old Cherish Perrywinkle, her sisters, and her mother, Rayne, at a Dollar General store in Jacksonville. "Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally. According to a police report, Smith brought the girl out of her familys sight while shopping at that Walmart. She said, I hope to God he doesnt kill her and I hope to God he doesnt rape her. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. DAY 1: Cherish's mothersays she never would have knowingly let girl leave with suspect ", Even the state attorney and Medical Examiner seem to be getting caught by the enormity of the emotion. When 20 minutes had passed Rayne began to worry. ", Smith is heard on the recording saying,"She ain't black, but she had a lot for a white girl.". That were severe # DonaldSmith has not turned around to look Cherish 's murder and now... Suffering before she was finally strangled to death. murdering the girl to die in this manner a of. The rest of us to take a break seeming overwhelmed by the photos, bruises! Media group Television County jail, indicative of blunt force trauma, but that was worn by Cherish. Doesnt kill her and I hope to God he doesnt kill cherish perrywinkle injuries I. 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