Justice for Cherish Perrywinkle: Donald Smith sentenced to death

JACKSONVILLE, Fla. — UPDATE: Donald Smith was sentenced by a judge to death in the 2013 murder of 8-year-old Cherish Perrywinkle.

On counts of rape and kidnapping, Smith was sentenced to life.

As she sentenced him to death in Cherish's murder, Judge Mallory Cooper said, "Donald James Smith, may God have mercy on your soul."

On Feb. 14, the jury found Smith guilty on all counts -- rape, kidnapping and murder.

Since the jury returned a unanimous verdict of death for Smith on Feb. 22, the expectation was that he would be sentenced to death and the judge , Action News Jax law and safety expert Dale Carson said.

Original story below:

Convicted killer Donald Smith is set to receive his sentence Wednesday for the kidnapping, rape and murder of Cherish Perrywinkle in 2013.

LISTEN: Donald Smith Trial Podcast Special

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Jurors will begin the penalty phase in the Donald Smith trial. Smith was found guilty on last week in the kidnapping, murder, and rape of 8-year-old Cherish Perrywinkle.

The penalty phase could last a number of days.

State Attorney Melissa Nelson said that the State is asking the jurors to seek the death penalty for Smith.

Smith's defense attorney begins his opening statements.

Fletcher says there is documentation of mental illness all the way back to 1977.

Kerri Anne Buck who says Donald Smith tried to kidnap her when she was 13 in 1992 is first to testify.

State will not call anymore witnesses.

The defense's first witness is late. They are trying to workout timing.

Wednesday Feb. 14 Notes:

After less than 15 minutes of deliberation on Wednesday morning, a jury found 61-year-old Donald Smith guilty of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle in 2013.

Smith now faces the death penalty.

Right before putting Donald Smith’s fate in the jury’s hands, his defense attorneys decided not to deliver a closing argument.

CHERISH PERRYWINKLE: Six things we learned during the trial 

During the trial, Smith’s defense attorneys did not call any of its own witnesses and barely cross-examined the prosecution’s witnesses.

During Monday’s 5-minute opening statement, Smith’s attorney Julie Schlax offered no alternative explanation for Cherish’s death.

So, why did Donald Smith bother to go through with a trial instead of pleading guilty?

Action News Jax Law and Safety Expert Dale Carson said there could be a legal strategy behind it.

“If you want to appeal the conduct of the police, or the prosecutor, or even your own defense attorney, you have to go through a trial. Because when you plead, you waive those particular rights,” said Carson.

As a former FBI agent, Carson spent decades exploring the criminal mind.

Carson said Smith may have wanted to go through with the trial because he enjoyed the attention.

“He is able to relive his entire crime. He gets to see crime scene photographs. He gets to see medical examiner photographs,” said Carson.

DONALD SMITH: Doctor says 'most sociopaths have a very good side to them' 

Carson said Smith likely felt powerful and in control when he watched witnesses’ and jurors’ emotional responses.

“Donald Smith has played us in a way that is rather extraordinary. Because everyone in the community who saw or participated in this is just absolutely horrified. So, in that narrow context, he wins,” said Carson.

The jury will return to the courthouse on Tuesday for the sentencing phase of Smith’s trial.

Under a recent U.S. Supreme Court ruling, the jury’s decision on the death penalty must be unanimous.

GUILTY: See verdict read in Donald Smith murder trial Jury finds Donald Smith guilty of kidnapping, rape and murder in the Cherish Perrywinkle trial in Jacksonville, Florida.

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