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Saving Donald Smith from death row

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Updated: 1/14 5:53 pm
JACKSONVILLE, Fla. -- Cherish Perrywinkle's short life came to a violent end last summer.  Prosecutors say the 8-year-old was kidnapped from a Northside Walmart, sexually abused and killed by Donald Smith, 57, a registered sex offender.  The crime could cost him his life.

Smith sat in the courtroom shackled Thursday as his attorney fought to save his life.  Public defender Fred Gazaleh argued the death penalty is unconstitutional, that lethal injection is cruel and unusual.

Assistant State Attorney Mark Caliel said, "Every death penalty case will handle those motions. So they're pretty routine."

Another motion prosecutors called routine was exactly how much evidence the jury will be allowed to see.  The defense wants any gruesome or inflammatory photos of Perrywinkle kept out of the jury's view.  

But Caliel argued the jury needs to see autopsy photos in order to understand exactly how badly Smith hurt the girl.

"It's our position that that evidence is required to prove our case," he said.

The judge didn't make any rulings on these issues Thursday. The hearing was procedural as Smith's trial creeps closer.

It's scheduled for May 12.

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spyderman - 1/28/2014 12:42 AM
0 Votes
Kill him like he did Smmer.

gloriahelms222 - 1/26/2014 2:32 PM
0 Votes
my classmate's step-aunt makes $62 an hour on the internet. She has been out of a job for 5 months but last month her payment was $20720 just working on the internet for a few hours. you could look here.... www.jobs74.com

albert - 1/20/2014 9:22 AM
1 Vote
Two articles talking about known KILLERS..I would actually volunteer to be the person who chooses the content for the web sites and FB page articles.These two would be given the opportunity to admit their sin,repent and then pay for their transgression with their lives.Quick and easy..Why did these men commit these crimes? Maybe because the fear of what happens to them is non-existent.They know some lawyer will try and find them a loophole.One of these guys took an eight year old baby sexually abused her while she was crying and then took her life.Sick and demented..GUILTY, Sentence DEATH.That was quick.In China he goes to a room or where ever and has an executioner put a cheap gun to his head pull the trigger and his body is thrown in an oven and turned to ash.The same goes for the guy who shoots a kid in a van and his excuse "Loud Music and feeling threatened".He could have put his foot on the gas pedal and drive away.Same verdict same execution process.Publicize this all over the world.This let's people know "Openly kill someone you pay the price DEATH".This will stop the criminal from killing..

kathyloera789 - 1/17/2014 2:53 PM
0 Votes
my roomate's mom makes $88 an hour on the internet . She has been fired from work for ten months but last month her payment was $14293 just working on the internet for a few hours. Learn More Here..... www.jobs74.com

c9bcrewman - 1/13/2014 11:45 AM
2 Votes
fry him quick!!!!!!!!!!!!

coliebug 85 - 1/13/2014 6:34 AM
1 Vote
He think when he sexually abused that poor little girl who was probably fight to get him off.He was the last person she saw and top of it as she didn't get the opportunity to see her family one last time.To me he should sit on death row til it's time for him to be executed.He needs to sit and think of what he did to a eight year old girl and how her family is still feeling the pain for what did.My opinion he should ROT IN HELL!!!!I feel so awful about what happened to the little girl.Now her family needs to be strong and think positive on everything.He will PAY FOR TAKING THE EIGHT YEAR OLDS LIFE TO SOON.But my thing is now she won't be able to finish school or go to prom or get married and lots children.But I PRAY FOR JUSTICE FOR THE FAMILY AND HOPE Y'ALL.AND ALWAYS REMEMBER LOOK UP BECAUSE SHE IS SMILING DOWN ON EVERY SINGLE ONE OF Y'ALL!!!!GOD BLESS

Truthseeker - 1/13/2014 4:32 AM
2 Votes
Why would anyone be against taking out this piece of garbage? Give him the needle!

nativejax - 1/11/2014 12:10 PM
2 Votes
Life in prison on OUR tax dollars....What kind of life did he give Cherish?

jazzy345 - 1/10/2014 8:51 PM
2 Votes
hia lawyer is trying to save his life he sexually abused and murdered a child. he deserves to die and if the lawyer doesnt think so then he needs to join him. The man is scum and doesnt deserve to live in fact he should have been killed before he got to prison for what he did.

angels072258 - 1/10/2014 7:28 PM
3 Votes
Prosecutors and State Attorneys Office - Please do your job. Don't let this man go like it did with Jarred Harrel. People need to stand up for this little girl that was taken too soon. Remember this wasn't his first offense.
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