Man Convicted of Raping and Murdering 8-Year-Old Seeks New Trial, Citing Errors
In a bid to secure a new trial, the man convicted of raping and murdering 8-year-old Cherish Perrywinkle in 2013 will return to court on Tuesday. Donald Smith was found guilty in 2018 and subsequently sentenced to death for the heinous crime. His lawyers have filed a 78-page appeal, claiming that numerous errors were made during his trial, particularly during the penalty phase where he received the death penalty.
The case shocked the city of Jacksonville, Florida, as investigators discovered that Smith lured Perrywinkle into his van at a Northside Walmart before abducting and ultimately killing her. Smith’s arrest took place on Interstate 95, shortly before the discovery of Perrywinkle’s body in a nearby creek.
A status conference hearing has been scheduled for 10 a.m. on Tuesday to discuss the appeal filed by Smith’s legal team in April. Both sides will present their arguments regarding the alleged errors made during the trial. Smith’s lawyers argue that his original conviction should be invalidated due to the failure of his former legal team to remove a biased juror and object to certain pieces of evidence, such as a 911 call and digitally altered photographs.
In their response to the appeal, the state argues that even if errors were committed during the trial, the overwhelming evidence pointing to Smith’s guilt would not have affected the outcome of the death penalty. Prosecutors firmly believe that Smith murdered Perrywinkle and this fact is supported by compelling evidence.
Legal expert Belkis Plata, not affiliated with the case, highlighted that Tuesday’s hearing is procedural but explained the defense strategy. The new defense attorneys aim to scrutinize the work conducted by the former defense team, emphasizing any shortcomings that may have adversely impacted Smith’s legal proceedings. Their goal is to convince the court that Smith deserves another chance to present his case.
As the proceedings unfold, Jacksonville remains captivated by the ongoing legal battle surrounding Cherish Perrywinkle’s tragic murder. The community eagerly awaits the court’s decision on whether a new trial will be granted to Donald Smith.
