“Duval County Court to Hold Hearing on Cherish Perrywinkle’s Murder Case”

Nearly a decade after the abduction, rape, and murder of 8-year-old Cherish Perrywinkle, the case against her killer, Donald James Smith, is returning to court. Smith’s attorneys have claimed that his original trial attorneys were ineffective, and a judge has granted a hearing on these claims. Smith’s attorneys argue that his lawyers failed in various ways, including not cross-examining Cherish’s mother and calling a forensic psychologist who provided damaging evidence. The hearing is scheduled for December 4th and is expected to last at least a day. Smith is currently serving time at Union Correctional Institution. Anne Schindler reported

Nearly 10 years after the tragic kidnapping, rape, and murder of 8-year-old Cherish Perrywinkle, the case against her killer, Donald James Smith, is returning to court. Smith’s attorneys have claimed that his original trial attorneys were ineffective, leading to a hearing being granted to review these claims.

Cherish Perrywinkle would have turned 19 years old if she had lived. Smith, now 67 years old, did not appear in court, but his attorneys argued that a hearing was necessary. They claimed that Smith’s lawyers failed in various ways, including not cross-examining Cherish’s mother, which would have challenged her credibility. However, the State Attorney’s Office’s legal division argued that this decision was made by Smith himself, and the evidence against him was overwhelming.

Smith’s postconviction attorney criticized Smith’s trial attorneys for calling a forensic psychologist as their first witness during the penalty phase. She argued that this decision opened the door to introducing evidence of Smith’s prior sex crimes, which aggravated the case against him. However, the State Attorney dismissed this argument, stating that this testimony was crucial to the penalty phase strategy.

Monday’s status hearing determined that a full evidentiary hearing, including sworn testimony from Smith’s trial attorneys, would be held in December. The judge agreed that a hearing was necessary to address the claims of ineffective counsel.

Cherish Perrywinkle’s case is a heartbreaking reminder of the heinous crimes committed against innocent children. The upcoming hearing will provide an opportunity to review the claims made by Donald James Smith’s attorneys and evaluate the effectiveness of his original trial attorneys. The pursuit of justice for Cherish and her grieving family continues, and it is essential that the legal system ensures a fair and thorough review of the case against her killer..

1. Cherish Perrywinkle murder case
2. Donald James Smith trial
3. Post-conviction claims against Donald Smith.