Jury selection for Donald Smith set for January

JACKSONVILLE, Fla. — The man accused in the death of Cherish Perrywinkle is set to go to trial in January 2017.

Donald Smith appeared Thursday in Duval County Court. He is accused of kidnapping, raping and killing 8-year-old Cherish in 2013.

Several potential elements of the case haven't been decided.

It is unclear if secret jailhouse recordings will be allowed as evidence. A former cell mate, Randall Deviney, claims he has information on Smith's involvement in another murder.

Smith's legal team wants documents unsealed involving Randall Deviney, who was convicted of murder in 2010 and is currently on death row. The documents include four letters.

Attorneys argue that Deviney's statements are not credible.

Action News Jax law and safety expert Dale Carson said Deviney could be trying to strike a deal to get off death row.

"Unless there was in fact another prior murder and that its similar in nature to the present murder it has no bearing or relevance to this case," Carson said.

Jury selection for Smith is scheduled for Jan. 17. He is charged with first-degree murder, kidnapping a child and sexual battery on a child.

The next court date is scheduled for July 21.

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