On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. @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. Smith overheard Rayne explain to an . 2023 Cox Media Group. @ActionNewsJax, Lee says in Cherish oral swabs it was positive for semen. 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. 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. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. 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. The stronger the force applied, the larger the petechiae in the eye are. It was left there for a week. She sustained bruises to her legs, her arms, the hickey on her breast, and various scratches. @ActionNewsJax, Judge says she is denying the motion for mistrial. 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. However, they never returned. 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. gers in McDonalds. @ActionNewsJax, The DNA was a 1 in 35 quintillion match. Rao had seen and conducted "thousands of autopsies" and had been tendered as an expert witness in this case and hundreds of others. Cherish sustained a hemorrhage to her head, indicative of blunt force trauma, but not enough to end her young life. 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. @ActionNewsJax, Graphic photographs of the autopsy will be shown to the jury. She was alone, under pressure and finding it difficult to manage and couldn't afford to buy them clothes. Its still unclear whether she ever existed. During that time the man introduced himself as Don to Rayne. Create your free profile and get access to exclusive content. He allegedly lured both mother and daughter by offering to buy them new clothes. When Rayne and her three girls were inside the van, Don drove to Walmart which was a ten minute drive away to meet his wife. In all likelihood Cherish would not have been concernedgettinginto Donald's van outside Walmart that night as she had already been in the van with her sisters and mother. Suffered swelling in her brain. Shed been badly beaten, raped, and murdered. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Things never get back to the way they were.". At this stage , it had started to rain so Rayne had two choices - she could walk home in the rain or take a lift with Don to Walmart to buy some clothes for the girls. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. Rayne Perrywinkle, the victim's mother, also testified in court today. Road closed due to construction work on Channel View Blvd both ways from Blount Island Blvd to Reef Run Rd. "Why in the world would he take my little girl?" 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. "I'm sorry I need to take a break," Rao said. JACKSONVILLE, Fla. LIST: Six things we learned after two days of the Cherish Perrywinkle trial. This station is part of Cox Media Group Television. Each attempt to look at where the virus started is swamped by misinformation. 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, 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. 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. She suffered severe injuries, abrasions and contusions all over he body after being strangled with a piece of clothing, tortured and raped. Donald James Smith faces charges offirst-degree murder, kidnapping and sexual battery. 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. Donald James Smith has been found guilty of the murder and rape of Cherish Perrywinkle. He gagged her with such force, her gums and nostrils bled. Rayne is heard saying in the call. 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. Live feed will be back after he is done. She said that Smith had been hovering around her and her three children while they shopped at Family Dollar earlier in the day. The cause of death, Rao determined, was mechanical asphyxia. A series of swabbings were taken, as well as nail scrapings and clippings. Puoi cambiare le tue preferenze in qualunque momento nella sezione Le tue impostazioni per la privacy. 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. Police were clear about one thingthough. During the trial, Cherish's injuries were described and shown to the jury. "Doctors are people too," said the State of Dr. Rao. For the DNA that was collected from Cherishs neck, Lee says it was a match to Smith. The suspect could face the death penalty if convicted. The Associated Press contributed to this report. 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. Email us attips@the-sun.co.ukor call 0207 782 4368. @ActionNewsJax pic.twitter.com/JtVFWHPQPu, Dr. Walerie Rao is the chief medical examiner in Duval County. The medical examiner said that Cherish Perrywinkle died from being strangled, probably with a piece of clothing. 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. Rao was discussing the heinous murder of Cherish Perrywinkle, a little girl who was lured away from her mother while out shopping before being found dead just hours later in June, 2013. There was blunt force trauma to her head and ligature marks around her neck. 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. @ActionNewsJax pic.twitter.com/3E0kGk8lpB, State says it is difficult for even professionals to stay composed. Smith's team argued that the pictures' unduly Jacksonville, FL Editor's note:The details of this testimony can be considered graphic and difficult for some readers. Dr. Valerie Rao was. There was no kicking or screaming. Her eyes, however, told the story of the moments just before her death. It was shown as evidence to the jury during the trial of Donald Smith. #DonaldSmith pic.twitter.com/khubusMeBl. "She died after she sustained tremendous force on her neck such that she could not breathe," Rao told the court. 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 . She died after she sustained tremendous force on her neck such that she could not breathe.. Cherish went with him. Multiple jurors also cried, covered their mouths and turned away as the graphic photos were shown, CBS affiliate WJAX's Bridgette Matter reported via Twitter. 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. 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. 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. Rayne was reluctant at first but agreed to the lift. ", The inmate asked Smithif "Cherish had a butt on her. Rao estimates it would have taken three to five minutes for the girl to die in this manner. @ActionNewsJax, June 23, 2015 is when the recording equipment was placed in the Duval County jail. taking the girl from her family at a Northside Walmart, environmental factors like the presence of water where the remains were found, SPOTLIGHT: Gate River Run kicks off first weekend in March, Jury visits crime scene before closings at Murdaugh trial, Push to require clergy to report abuse stalls in Mormon Utah, DTE Energy, Consumers Energy face power-outage challenges, You Decide 2023 - The Race For Jacksonville Mayor - Omega Allen Spotlight, You Decide 2023 - The Race For Jacksonville Mayor - Donna Deegan Spotlight, You Decide 2023 - The Race For Jacksonville Mayor - Frank Keasler Spotlight. @ActionNewsJax, "Semen positive" in vaginal swabs. 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. The force used to smother her was enough to make her nose and gums bleed. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. Rao said the burst blood vessels in Cherish's eyes were very large. In fact, hers was a brutal and tortured death.". 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. 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. News.com.au has viewed Rao's horrifying testimony. She had injuries all over her body. I dont understand why he would leave right now. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. 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. I need just 5 minutes @FCN2go #donaldSmith. @ActionNewsJax, Officer Charles Carter, with JSO's Department of Corrections Intelligence Unit is on the stand. . Tremendous force on her neck, such that she basically she could not breathe, she suffered swelling to her brain, as result of lack of oxygen to her brain," she died. 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. We pay forvideostoo. @ActionNewsJax. / CBS/AP. 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. Her injuries were inflicted before she died. Medical Examiner and forensic pathologist Valerie Rao took the witness stand. Jury asked to be back tomorrow at 9:15. But the most extensive injuries were to her genitalia which was torn, swollen, clearly abused, and distorted. Smith was arrested 10 hours after the child was abducted after his vehicle was spotted by a police officer. At 11.20pm, Rayne called 911. @ActionNewsJax. Domestic violence speaks many languages, has many colors and lives in many different communities. It was a twenty minute or so walk away. Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June 2013. 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. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. Walmart wasclosing and she had ashopping cart full of clothes, no gift card and nosign of Don, his wife or Cherish. The cashier later confirmed he saw themtalking in the car park for around 15-20 minutes. @ActionNewsJax pic.twitter.com/nnTMgN1vnC, FDLE DNA Expert is on the stand right now. People at Walmart would not have been concerned either. Jacksonville Chief Medical Examiner Dr. Valerie Rao testified that Cherish Perrywinkle sustained severe injuries from being strangled and raped. @ActionNewsJax, "All her injuries she sustained were prior to her death." The cashier at the Dollar GeneralStore confirmed a man asked if Rayne had put the clothes back. He looked into my face and told me I was safe.. 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. At around 7.30pm thatevening, Rayne took Cherish and her two sisters to the DollarGeneralStore on Edgewood Avenue. LIVE STREAM: Click the video feed below for live video updates from court: NOTE: At certain times, the audio will be muted to protect the identity of undercover police officers. He suggested getting food at the McDonalds inside the store and asked for Cherishto accompany him and pick out the food she wanted. 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. Here we have two people who are in a struggle. After waiting for his wife for a few minutes he told Rayne they could meet her at Walmart instead. The little girls half-naked body was found outside a church the following day. After utilizingK-9 units, little Cherishs lifeless body was found in a nearby swampy ditch. Defense is looking for a mistrial because Rao asked for a break. The CCTV footage documents the last time the child was seen alive. DNA other than Cherishs could not be detected in the oral swab. They are not hiding in shadows. He cannot be filmed or identified. Includingthe witnesses. 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. 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. 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. Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. 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. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! @ActionNewsJax, Rao explaining photographs, we will not see them, only Dr. Rao, the lawyers, and jury. #CherishPerrywinkle pic.twitter.com/OtiXxh3qm7. Rao described autopsy photos shown to the jury which pictured hemorrhaging and busted blood vessels around her neck, as a result of her strangulation. February 13, 2018 / 12:38 PM Per maggiori informazioni sulle modalit di utilizzo dei dati, consulta la nostra Informativa sulla privacy e lInformativa sui cookie. 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. According to a police report, Smith brought the girl out of her familys sight while shopping at that Walmart. For other inquiries, Contact Us. Her body was found in the water , weighted down by bricks and debris and under a tree. Seeing a skipping and smiling Cherish with an older man would have looked like aregular grandfather andgranddaughter. "Why in the world would he take my little girl?" @ActionNewsJax, Dr. Rao explains fluids from body is taken to check for drugs, she is going through how an autopsy is performed. Security video played in court showed her skipping out the door behind him. 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. 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. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! As she looked at photos of Cherish's disfigured body, Rao began to cry and asked to take a break. Rao said she went to the crime scene, Because the nature of the case, it was a child that was abducted. 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. 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'. Jury traumatised and in tears by misinformation we will not see them, only Dr..., June 23, 2015 is when the recording equipment was placed in the car for. Was collected from Cherishs neck, Lee says it is difficult for even professionals to stay composed is for! Names of News Group Newspapers Limited be shown to the lab Agreement and Privacy Policy, and understand options! Water, weighted down by bricks and debris and under a tree under a tree clothes! New clothes I was safe beaten, raped, and Rao says injuries resulting cherish perrywinkle injuries that were severe showed. He looked into my face and told me I was safe later after his vehicle was spotted by police! And ligature marks around her and her three children while they shopped at Family Dollar earlier in the day take... A church the following day Lee says in Cherish oral swabs it was shown as to. Trauma to her death. `` pic.twitter.com/JtVFWHPQPu, Dr. Walerie Rao is the chief medical examiner and forensic Valerie! Group Newspapers Limited Cherishto accompany him and pick out the door behind him after being strangled a... Was reluctant at first but agreed to the jury during the trial of donald Smith the force used to her! 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cherish perrywinkle injuries