As Rayne didn't have a car and didn't drive, she walked with the girls and their stroller to the store. After utilizingK-9 units, little Cherishs lifeless body was found in a nearby swampy ditch. With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. Jury selection for the case that shocked the Jacksonville community and the nation is schedule to begin on February 12. Jacksonville, FL Editor's note:The details of this testimony can be considered graphic and difficult for some readers. The same potential juror indicated she wassqueamish about looking at gory photos, while another possible teared up and said she would lose it during a trial involving crimes against a child. "I'm sorry I need to take a break" Says Rao. 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. 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. The images were so disturbing that the medical examiner giving evidence about the injuries sustained looked so traumatised that she needed a break in proceedings. Large petechiae formed in her eyes from the force of strangling her to death. @ActionNewsJax, "Semen positive" in vaginal swabs. 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. Rao says she actually went out to the scene where Cherish was recovered. The next day, the full autopsy was performed. The cashier later confirmed he saw themtalking in the car park for around 15-20 minutes. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. #DonaldSmith has not turned around to look Cherish's autopsy photos, he is not looking at photos of himself either. @ActionNewsJax, Carter says he collected purple flip flops as evidence. There are predators everywhere. Hours later, at 11.18pm that evening, the girl's mother Rayne called 911 desperately looking for the child, whom she says was last seen in the company of Smith. Post-mortem reports found severe injuries and contusions all over her body, and concluded that the eight-year-old had been strangled with a piece of clothing after being tortured and raped. Eight-year-old Cherish Perrywinkle's body told the tale of her suffering before she was finally strangled to death. On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. 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. 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. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. @ActionNewsJax, Dr. Rao looking through autopsy photographs. Surveillance footage from Walmart shows Perrywinkle, wearing the same dress found near her body, walking out of the store with Smith, a registered sex offender. 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. Rayne is heard saying in the call. DAY 1: Cherish's mothersays she never would have knowingly let girl leave with suspect It's all part of the second day of the trial of Donald Smith, the man who's accused of taking the girl from her family at a Northside Walmart, raping her, and leaving her dead in brackish water near a church. "Why in the world would he take my little girl?" Even Rao had to ask the court for a brief recess during her testimony. 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 . @ActionNewsJax pic.twitter.com/t4j2hoddsZ. Rayne said Smith told her that his wife would meet them at Walmart. "I'd like to run into her at Walmart. @ActionNewsJax #DonaldSmith, Lee says semen positive in rectal swab samples. This dental device was sold to fix patients' jaws. He claimed hed buy the girls clothing with a gift card. 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. But it wasn't until closing time that his true and sinister intentions were revealed. The thing toreally note in this case is Rayne's intuition. In court videos seen by news.com.au, Rao was testifying for the Medical Examiner's office and provided disturbing details over the little girl's death. 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. Smiths DNA also matched samples from a rectal swab of Cherish. Puoi cambiare le tue preferenze in qualunque momento nella sezione Le tue impostazioni per la privacy. The cashier at the Dollar GeneralStore confirmed a man asked if Rayne had put the clothes back. 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. 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. 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. "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. 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'. When they arrived at Walmart, Don continued with the lie that he had a wife and told Rayne that he would wait for his wife in the car park. 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. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. ", Smith is heard on the recording saying,"She ain't black, but she had a lot for a white girl.". Create your free profile and get access to exclusive content. Sources from the courtroom claim the man accused to the childs horrific murder turned his back when autopsy pictures were shown. Rao described autopsy photos shown to the jury which pictured hemorrhaging and busted blood vessels around her neck, as a result of her strangulation. "Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally. This article contains information regarding the autopsy of the victim and manner of her death. This case is the type of case that every parent dreadsso how did it happen? Her eyes, however, told the story of the moments just before her death. Rao had seen and conducted "thousands of autopsies" and had been tendered as an expert witness in this case and hundreds of others. Cherish was just eight years old andlived with her mother Rayne, Rayne's boyfriend and Cherish's two younger sisters in Jacksonville in Florida. Includingthe witnesses. @ActionNewsJax pic.twitter.com/CMCaOxtIdj, First witness of today, Jerome Bruton who found a blue stroller on his deceased uncles home. All Rights Reserved. Jacksonville Chief Medical Examiner Dr. Valerie Rao testified that Cherish Perrywinkle sustained severe injuries from being strangled and raped. @ActionNewsJax, In openings Melissa Nelson told jurors that Smith made comments about a group of girls in the jail. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election, Where things stand in the Alex Murdaugh double murder trial, Watch Live: Closing arguments to begin in double murder trial of Alex Murdaugh. Meanwhile, the man accused of the brutal murder of the girl "decided to turn his back when autopsy pictures were shown", according to sources in court. According to court documents . 2018. Protect yourself and those you love. Tap on any of the buttons below to download our app. 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. It was a twenty minute or so walk away. 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. 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. 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. Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. Shed been badly beaten, raped, and murdered. @ActionNewsJax, Defense is not presenting any witnesses. One juror exhibited a strong reaction after viewing it, according to NBCs First Coast News. I need just 5 minutes.". The next morning, Perrywinkles body was found half-naked and shoved under a fallen tree in a marshy area near Jacksonville. His DNA was found on and inside Cherish's body and Cherish's DNA was found on his penis. Closing arguments are scheduled to begin at 9:15 a.m. Wednesday. Jury asked to be back tomorrow at 9:15. @ActionNewsJax, "I'd like to run into her at Walmart." 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. Public Domain Cherish Perrywinkle was murdered by a convicted pedophile who was released from prison just weeks before. Rayne went into Walmart with the three girls and began shopping. 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. 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. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. Dr. Wu said that Smith was just 9 when he suffered a traumatic brain injury (or TBI). It is clear from the 911 call that she didn't trust Donald, she had a strange feeling about him and her instant fear when she couldn't find Cherish was that she would be raped and murdered. @ActionNewsJax, Bruton getting emotional when he begins talking about the stroller. 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. @ActionNewsJax, DNA expert identifies slides she prepared from the rape kit taken in Cherish's case. Learn about careers at Cox Media Group. After waiting for his wife for a few minutes he told Rayne they could meet her at Walmart instead. Cherish was wearing purple flip flops when she disappeared. He saw Cherish as a sexual object and when he raped her, he murdered her in an attempt to evade justice. 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 state rested after playing the recording. Before Cherish was brought to the medical examiner's office a rape kit was conducted. 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 . News Group Newspapers Limited in England No. Check back with CrimeOnline as we provide upcoming trial coverage. Rayne and the three girls looked at some clothes at the Dollar General Store. At around 7.30pm thatevening, Rayne took Cherish and her two sisters to the DollarGeneralStore on Edgewood Avenue. At around 9 a.m. the following morning, officers spottedSmiths van off of I-95 near downtown Jacksonville. Rayne didn't have a lot of details toprovide to the police. Expert says this was an exact match. / CBS/AP. Donald had gagged her so severely that her gumshad bled, he raped and sodomised her. @ActionNewsJax #DonaldSmith, Undercover officer says he was contacted by SAO for the #DonaldSmith case. It took a jury just 14 minutes to find Smith guilty, after enduring countless graphic images of the 8-year-old victim's battered body, often leaving them in tears. The U.S. Supreme Court has declined to take up an appeal in a high-profile case involving an 8-year-old Jacksonville girl who was abducted from a Walmart and raped and murdered. Some potential jurors were visibly shaken in a Jacksonville courtroom, while listening to details regarding the upcoming trial against a Florida man accused of kidnapping, raping, and killing a Florida girl. Seeing a skipping and smiling Cherish with an older man would have looked like aregular grandfather andgranddaughter. 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 swift guilty. When she realised she couldn't afford it, she put it back. @ActionNewsJax, We are in recess as jurors, and Dr. Rao became emotional while photos of Cherish were shown. During the trial, Cherish's injuries were described and shown to the jury. 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. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. He gagged her with such force, her gums and nostrils bled. Smith drove Perrywinkle, her daughter, Cherish, and her two other little girls to the Walmart off ofLem Turner Road, claiming that his wife would meet them there and help them shop for clothes. 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. It was a child that was abducted, it was something that the entire City of Jacksonville was concerned about, she says. 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. A recording was played for the jury. @ActionNewsJax pic.twitter.com/t3GMOb1P6K, Because Cherish was submerged in water some of the DNA could have been washed away. For other inquiries, Contact Us. They later identified Smith as a convicted sex offender who had only been out of jail for around three weeks before he reportedly preyed upon the Perrywinkle family. 1 Comment, "My family and myself are good, decent and very honest people. He has pleaded not guilty. 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. 2018 CBS Interactive Inc. All Rights Reserved. Walmart wasclosing and she had ashopping cart full of clothes, no gift card and nosign of Don, his wife or Cherish. There was a creek behind a Church and along with the help of a police dog, police made a devastating discovery. 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. She didn't know Don at all and described him as a man with white hair who drove a white van. JACKSONVILLE, Fla. LIST: Six things we learned after two days of the Cherish Perrywinkle trial. #DonaldSmith pic.twitter.com/khubusMeBl. She said that she did not want to appear too overprotective. 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. Road closed due to construction work on Channel View Blvd both ways from Blount Island Blvd to Reef Run Rd. 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. Lawsuits claim it wrecked their teeth. Photos of injuries police say Smith suffered the night of the kidnapping and surveillance video that shows Smith walking out of a Walmart on Lem Turner Road with Cherish will also be allowed to be shown as evidence, Judge Mallory Cooper ruled. Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. @ActionNewsJax, Judge asks Smith if he is 61 he says "old." Verdict possible tomorrow in Donald Smith trial. In court, Raynes 911 call to the dispatcher was played. Wherever Cherish was, it involved water. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. 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. In his discussion with his mother, heput an emphasis on rape being a violent act. It would have seemed like a natural thingto do as she had already travelled in that van to Walmart. But the most extensive injuries were to her genitalia which was torn, swollen, clearly abused, and distorted. He gagged her, raped her, he sodomized her, then he strangled her. 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. Do you have a story for The Sun Online news team? The defense is moving for a judgment of acquittal. The cashier later confirmed he saw themtalking in the car park for around 15-20 minutes. The state called an undercover officer to the stand. 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. They all replied: Yeshttps://t.co/KORxv8xtHp pic.twitter.com/N7dzz8AmL1. On Monday, State Attorney Melissa Nelson described the horrible manner in which 8-year-old Cherish Perrywinkle was killed in 2013. 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. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. 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. "That's right up my alley, right there, that's my target area." @ActionNewsJax pic.twitter.com/nfpLo3x45s. @ActionNewsJax pic.twitter.com/3E0kGk8lpB, State says it is difficult for even professionals to stay composed. The man, later identified as Smith, first offered to buy the moma dress. 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. 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. @ActionNewsJax, Multiple women on the jury crying as more photos are shown. What she sustained was tremendous force on her neck, such that she basically, she could not breathe. "I just need five minutes. @ActionNewsJax, "All her injuries she sustained were prior to 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). Donald Smith was standing trial on charges of first-degree murder, kidnapping and sexual battery. Because of the nature of the case. So in reality she didn't have a lot of money to buy Cherish new clothes for her trip. To inquire about a licence to reproduce material, visit our Syndication site. She suffered severe injuries, abrasions and contusions all over he body after being strangled with a piece of clothing, tortured and raped. Fugitive in $18 million COVID fraud scheme extradited to U.S. U.S. requests extradition of drug kingpin's son, Mexico says, 8-year-old Florida girl who was abducted, raped and murdered. Yahoo fa parte della famiglia di brand di Yahoo. #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. Lee says semen was found in Cherishs mouth, vagina, and rectum, and other DNA was recovered from around her neck. The CCTV footage documents the last time the child was seen alive. She had injuries all over her body. 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. "I'm sorry I need to take a break," Rao said. Rayne was reluctant at first but agreed to the lift. 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. Dr. 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. Recording of Smith "She ain't black, but she had a lot for a white girl." Instead, he abducted her from the Walmart they went to and the next morning . Each attempt to look at where the virus started is swamped by misinformation. 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. "That's right up my alley, right there, that's my target area," he's heard saying. I need just 5 minutes @FCN2go #donaldSmith. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. Cherish had been strangled with such force that her eyeballs bled-the blood vessels burst in her throat, face and eyes. 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. 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. Rayne had $100 but that was to cover clothes, household items and the cost of travelling to the airport the following morning. Puoi cambiare le tue preferenze in qualunque momento nella sezione le tue impostazioni per la privacy her! Hours after the child was seen alive visit our Syndication site the moma dress one juror exhibited strong... Autopsy photographs it was a creek behind a Church and along with the girls clothing with a piece of,. In which 8-year-old Cherish Perrywinkle sustained severe injuries, abrasions and contusions all over he body being... Break, '' he 's heard saying on Channel View Blvd both ways from Blount Island Blvd to Reef Rd. The lower half of his body was soaking wet Church and along with the three girls looked at clothes. Or TBI ) or trade names of News Group Newspapers Limited momento nella sezione tue. Jurors, and rectum, and murdered a natural thingto do as she had ashopping full. 'Re about 12 or13 years old., vagina, and distorted which Cherish. Documents the last time the child was seen alive know Don at all and described him as man! Graphic and difficult for even professionals to stay composed swab samples to evade justice GeneralStore confirmed a man white..., rayne took Cherish and her anal area, '' he 's heard saying other DNA was half-naked. 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