JACKSONVILLE, Fla. — The attorney for Donald Smith says that too many factors impacted the jury and he should have a retrial.
In 2018, Smith was convicted of the kidnapping, rape, and murder of 8-year-old Cherish Perrywinkle in June 2013. It took the jury about 15 minutes to find him guilty.
Smith’s attorney, Richard Kuritz said that the main arguments include the showing of graphic autopsy photos, the medical examiner crying on the stand, comments during the opening statements from the prosecution, and the trial taking place here in Jacksonville instead of a different county.
Kuritz said that the cumulative of all these factors is enough for a retrial.
“I do not believe the individual issues will amount to a reversible error. I do believe, and my argument to this court, is that if you take them all together, then we have a cumulative error that would substantiate a reversal,” Kuritz said.
Charmaine Millsaps, the Senior Assistant Attorney General, argued that none of those errors should merit a retrial due to the overwhelming amount of evidence.
“Yes, there was an overwhelming weight of evidence,” Kuritz said when the question of the amount of evidence came up. “I was not the trial lawyer, which I’m typically the trial lawyer, not the appellate lawyer, but here I am trying to do my duty ethically and for the bar. So I’m trying to defend my client.”
Chief Justice Charles Canady was skeptical over the factors that Kuritz listed. He said that the location of the trial was not an issue as the trial took place four years after the crime and the defense didn’t have an issue with any of the jurors.
“Just how and I cannot see how you piece these inadequate things together and come up with something that matters,” Canady said.
Kuritz said in his closing statement that looking at each individual factor would not be enough, but it’s his job to work for Smith to prove that he should have a fair trial.
“It’s not about did he get a perfect trial, but did he get a fair trial? And that’s where I have to sit here and have this conversation with you just as candidate,” Kuritz said.
Rayne Perrywinkle said her daughter’s killer doesn’t deserve a new trial and he belongs in prison until he’s executed. She sent the following statement to news outlets:
“He is where he needs to be. He needs to stay there until he’s executed. This is what he wanted. Far from the harm of other inmates. You can’t have both. I believe in the death penalty. I always have. I always will. Death should mean death. Not a life sentence. Taxpayers shouldn’t bear the responsibility of keeping these people alive. They’re not suffering. They don’t have to worry about anything but time. I think more people would support the death penalty if it didn’t have loopholes. Twenty or thirty years on death row is a joke. I appreciate the people involved to make sure execution takes place.”
It is unclear when the court will rule on the appeal, though decisions typically take months.
Cox Media Group
