Donald Smith waives appearance, pretrial hearing moved to May

JACKSONVILLE, Fla. — The man accused of raping and murdering an 8-year-old girl was scheduled to be in Duval County Court Monday morning.

Donald Smith is accused of kidnapping, raping, and killing Cherish Perrywinkle in June 2013.

Smith waived his appearance after his attorney said he was not feeling well.

Smith’s trial has been delayed, because of arguments over the death penalty. A judge will also have to decide whether statements Smith reportedly made to another inmate can be submitted as evidence.

The pretrial hearing was rescheduled for May 4.

Smith is charged with first-degree murder, kidnapping a child, and sexual battery on a child.

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