However, the photograph was relevant to illustrate the nature and extent of the victim's injuries, as well as the medical examiner's testimony. According to The Florida Times-Union, jurors looked away, hid their faces, even cried, at the pictures shown to them of Cherishs 8-year-old dead body. But nothing about Elizabeth Garcia's death by homicide was simple. Rayne said the girls had not had dinner and Smith offered to take them to the McDonalds inside the store. Accused Walmart Kidnapper Has Shocking Criminal Record. Cherish was born December 24, 2004 and her mom called her the Best Christmas gift. Dr Valerie Rao earlier broke down while giving evidence at the trial of Cherish's killer. He was also sentenced to five years in prison for attempting to kidnap a minor in 1993. Donald James SMITH, Appellant, v. STATE of Florida, Appellee. Donald Smith, 61, has appeared in court charged with first-degree murder, kidnapping and rape of the eight-year-old girl in June 2013. In exercising discretion regarding a change of venue, "a trial court must make a two-pronged analysis, evaluating: (1) the extent and nature of any pretrial publicity; and (2) the difficulty encountered in actually selecting a jury." Here, we cannot say the trial court abused its discretion in declining to give such an instruction. He allegedly lured both mother and daughter by offering to buy them new clothes. Donald James Smith appeals his judgment of conviction and sentence of death. I shouldve told him no, she had told a 911 operator, but my girls need clothes so bad. When the prosecutor made the statement at issue, she knew that Rayne Perrywinkle was slated to testify and that Rayne's testimony and 911 call recording would attest to the terror she felt when she realized Cherish was missing. WebCherish Lily Perrywinkle (December 24, 2004 June 22, 2013) was an 8-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2013. We cannot say this was an abuse of discretion. Smith, the man accused of the 2013 kidnapping, rape, and murder of 8-year-old Suggest a correction. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. During the initial hearing on the autopsy photos last week, the computer monitors were turned away from the public and the media, but Roe explained in detail what the images depicted: broken blood vessels as a result of strangulation, hickeys on a part of Cherishs body and the impact of the rape on her lower body. 2 talking about this. Cherish was not seen alive again. I hope to God he doesn't kill her and I hope to God he doesn't rape her, she told the dispatcher. He said his wife would meet them at the store, but Smith is unmarried. However, as is the case with most trial objections, an objection to the trial court's denial of a motion for a change of venue must be preserved for appellate review. 3d at 520 (holding that State's comments describing victim trying to breathe as she was being suffocated and noting victim's opportunity to contemplate death were not improper because comments were based on facts in evidence). Create your free profile and get access to exclusive content. at 133. WebI believe from the autopsy and descriptions of her injuries to her privates that she would have needed reconstructive surgery and even never been able to use the bathroom again In fact, hers was a very brutal and tortured death.. That fact of life, particularly in matters of life and death, is not a basis for reversal. 2023 Cox Media Group. Next, Smith argues that the State made inappropriate comments in its opening statement and in closing argument. Cherish was noted as kind, funny and creative, often engaging in activities such as drawing and playing school. WebThe state and defense have rested in the case against Donald Smith on Day 2 of his murder trial. We pay for your stories! Smith has argued that there was no need to publish the autopsy photographs given the overwhelming evidence already present in the case linking him to the victim, but "[t]he test for admissibility of photographic evidence is relevancy rather than necessity." Rao had performed Cherish's autopsy and had been present at the creek when her body was recovered. Here, we find no basis upon which to make that conclusion. From vegan to keto, which diet has the highest carbon footprint. Rayne Perrywinkle sat facing 61-year-old defendant Donald Smith in a Jacksonville courtroom and testified about the day her daughter, Cherish Perrywinkle, disappeared. The mother said she hoped very much that his intentions were genuine and that he just wanted to help. By special verdict, the jury convicted Smith of both premeditated and felony murder with kidnapping and sexual battery as the underlying felonies. She said, I hope to God he doesnt kill her and I hope to God he doesnt rape her. The swift guilty verdicts must come as a relieft to the medical examiner who performed an autopsy on the battered body the young girl. The State also produced surveillance footage of Smith leading Cherish from Walmart to his van. He had just been released from prison three weeks prior to Cherishs death after serving a year in jail for impersonating a public employee and attempting to cause mental harm to a child. The jury in the same Florida court were also in tears and covered their mouths when graphic photos of Cherish were shown in court. It contained the things Rayne had bought at Dollar General. He told me I was safe, she said in court on Monday. It got late and the Perrywinkles had not eaten, so Smith said he would buy them all cheeseburgers at a McDonalds inside the store. But relief is not warranted if there is "no reasonable probability that the cumulative effect of these errors affected [a defendant's] right to a fair trial." Smith's defense team continues to ask for a change of venue, citing the pre-trial media coverage in the case, but Cooper said the court must try to find a jury in Duval County before that will be considered. He has pleaded not guilty. Terms of Use | "She died after she sustained tremendous force on her neck such that she could not breathe," Rao told the court. It is shocking, but it is a fact.. Three hundred potential jurors completed these questionnaires. Cherish Perrywinkle was 8 years old, State Attorney Melissa Nelson said in her opening statement. The fact that Dr. Rao took a break during her testimony did not affect the fairness of Smith's trial. Donald Smith strangled me until every last breath left my body. There were many areas of injury uncovered during the testimony, from scrapes and bruises that Rao believes were the result of Cherish being transported to where her body was found, to ant bites that happened after her death. In Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Rao estimates it would have taken three to five minutes for the girl to die in this manner. Rolling v. State , 695 So. Second, the trial court did not commit fundamental error when it allowed the State's comment during summation to which Smith objects. State v. Smith , 241 So. Dr. Valerie Rao testified against Smith. We affirm. Smith had an opportunity to rebut the prosecutor's comments in closing argument, but waived closing statement instead. Every mothers darkest nightmare became Rayne Perrywinkles reality, Nelson said. 2d 366, 369 (Fla. 2002) (quashing a district court's decision after the court provided a definition of "maliciously" in conflict with a previous Florida Supreme Court decision). Rao was discussing the heinous murder of Cherish Perrywinkle, a little girl who was lured away from her mother while out shopping before being found dead just hours later in June, 2013. Jun 24, 2013, 12:25 PM EDT Remembering Cherish Lily Perrywinkle See Gallery. When officers searched the area with K9s, they found Cherish Perrywinkle dead. See Darden , 477 U.S. at 181, 106 S.Ct. Cherish was born December 24, 2004 and her mom called her the Best Christmas gift. Photo / AP. Cherish was also raped prior to her death, and Rao says injuries resulting from that were severe. Viewing autopsy photographs In 2018, at the beginning of jury selection, counsel renewed Smith's motion for change of venue, but the court again deferred a ruling. #DonaldSmith pic.twitter.com/khubusMeBl. Mother testified Smith wanted Cherish to try on women's heels. The images were so disturbing that the medical examiner giving evidence about the injuries sustained looked so traumatised that she needed a break in proceedings. Dr Rao, visibly shaken, then asked the court for a five-minute break. "She had so much trauma the anatomy was totally distorted by the injury she suffered," forensic pathologist and Jacksonville chief medical examiner Dr Valerie Rao said as jurors covered and closed their eyes. Here, the State was not making an impermissibly inflammatory statement; rather, the prosecutor was previewing what Rayne herself would soon explain. Manning v. State , 378 So. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! Reed v. State , 837 So. Smith v. State , 998 So. 2d 562, 566 (Fla. 2008) ("While a denial of counsel for an entire sentencing proceeding would constitute fundamental error, the temporary absence of counsel [during a victim impact statement] does not. Cherishs mother called 911 late in the night before and reported that her daughter was missing. Hours later, at 11.18pm that evening, the girl's mother Rayne called 911 desperately looking for the child, whom she says was last seen in the company of Smith. The court was also shown graphic images of the state of the childs body, leading jury members to gasp in horror and break down in tears. In court videos seen by news.com.au, Rao was testifying for the Medical Examiner's office and provided disturbing details over the little girl's death. Lee says semen was found in Cherishs mouth, vagina, and rectum, and other DNA was recovered from around her neck. The trial court denied Smith's motion. Post-mortem reports found severe injuries and contusions all over her body, and concluded that the eight-year-old had been strangled with a piece of clothing after being tortured and raped. At the penalty phase of trial, Smith presented nine witnesses, including a psychologist, a neurologist, and his son. While, absent such context, the photographs at issue in this case seem numerous, the reality is that most of the photos identified separate injuries on Cherish's body. Full title:DONALD JAMES SMITH, Appellant, v. STATE OF FLORIDA, Appellee. 3d 914, 934 (Fla. 2018) ("There is no question that [the exhibit] is graphic, depicting a significant chopping wound to the brain. Webcherish perrywinkle reddit biology unit 4bi0 paper 1br mark scheme. In light of this Court's decision in Lawrence v. State , 308 So. Rayne was unaware that Smith was a registered sex offender and was behind bars very recently. Id . WebDr. I don't understand why he would leave right now unless he's going to rape her and kill her. This case is not like the one cited by Smith, where a witness's outburst injected into the proceedings a concern for the emotional distress of another sufficient to distract the jury from its work as finders of fact. Rao described autopsy photos shown to the jury which pictured hemorrhaging and busted blood vessels around her neck, as a result of her strangulation. 2d 1054, 1061 (Fla. 2007). In her testimony, Rayne explained that she "started to panic," and her 911 call documented her asking, "Why on earth would he take my little girl?". The mother of 8-year-old Cherish Perrywinkle, who was abducted from a department store and killed; the hidden health epidemic that is killing With the exception of the insect activity, Rao says they determined all of the injuries she suffered happened before her death. Cherish was just She suffered severe injuries, abrasions and contusions all over he body after being strangled with a piece of clothing, tortured and raped. A medical examiner who conducted the autopsy on 8-year-old Cherish Perrywinkle became emotional in court Tuesday as she discussed the last moments of the young girls life. In 1977, Smith was convicted of lewd behavior toward a minor. Rao says she actually went out to the scene where Cherish was recovered. Rhodes , 986 So. The trial court never ruled upon Smith's motion for change of venue and Smith did not renew his objection, thus the issue was not preserved for appellate review. Dr. Rao testified that evidence of a struggle showed Cherish was conscious when Smith strangled her. DNA other than Cherishs could not be detected in the oral swab. Smith has advanced no specific allegations of prejudice, and there is no evidence that the media exposure actually tainted Smith's trial. Meanwhile, the man accused of the brutal murder of the girl "decided to turn his back when autopsy pictures were shown", according to sources in court. Sign up to receive breaking True Crime Daily news, exclusive stories and behind-the-scenes info. The court explained that no golden rule violation had occurred because "the prosecutor did not impermissibly invite the jury to place themselves in the victim's shoes. " Id. Cherish did not die quickly and she did not die easily, Nelson said. 3d 20, 33 (Fla. 2021) (second alteration in original), reh'g denied , SC18-822,. At the end of jury selection, counsel stated that they had no further objections. 2d 705, 719 (Fla. 2003) (finding a trial court committed no fundamental error when it denied a motion for change of venue where jurors explained they could set aside pretrial knowledge and feelings about victims). He raped and strangled her. She said that Smith had been hovering around her and her three children while they shopped at Family Dollar earlier in the day. Warner Bros. Entertainment | On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. Thus, notwithstanding substantial and negative media coverage about Smith and the facts of the case, the size and diversity of the community from which the venire was drawn, the long delay between the initial publicity and trial, and the fact that Smith sought no additional peremptory challenges all weigh in favor of concluding that the trial court would not have abused its discretion had it denied the motion to change venue. WebJACKSONVILLE, Fla. Investigative documents and evidence photos released in kidnapping, sexual battery and murder of Cherish Perrywinkle contain nauseating details of the June At times she fought back tears while speaking about the last hours of her daughters life in 2013. Privacy Policy | V, 3(b)(1), Fla. Const. v. State , 852 So. He gagged her, raped her, he sodomized her, then he strangled her. Pope v. State , 679 So. Smith objected to the comment on the grounds that it was argumentative, and the court overruled the objection. The trial court committed no fundamental error in failing to grant Smith's motion for change of venue. 3d at 521 ). Talley v. State , 260 So. She was wearing the same dress she was last seen in at Walmart. 2d 260 (Fla. 1989) (upholding admission of photographs of victims charred remains to prove identity, show circumstances surrounding murder, and corroborate medical examiner's testimony); Bush v. State , 461 So. Donald Smith's trial in the murder of Cherish Perrywinkle is set to begin Monday. Courts correct errors as fundamental despite a party's failure to conform to procedural rules regarding preservation "to protect the interests of justice itself." WebThe autopsy pos reveals that Cherish Perrywinkle had been raped just before she died. It is the evidence in this case, not error, that is cumulative. On June 21, 2013, Donald Smith kidnapped Cherish Perrywinkle, 8, from a Walmart. Before trial began, Smith also filed a motion in limine to prevent the State from offering autopsy photos of the victim. The next morning, with the help of witnesses reporting the location of Smith's van, police located Cherish's body in a creek behind a church, under a pile of debris. Comments that "invit[e] the jury to imagine the victim's final pain, terror and defenselessness" are prohibited. Her mother told police Smith offered to buy the family food from a McDonald's inside the store and Cherish followed Smith to get the food. 3d 562, 569 n.4 (Fla. 3d DCA 2019) (declining a defendant's suggestion to adopt a new standard requiring trial courts to poll a jury whenever there is an outburst during trial proceedings); see also Arbelaez v. State , 626 So. Instead of stopping to buy food, police said, Smith walked Cherish outside and the two of them got into his van. The aggravating factors were: 1. Knight v. State , 286 So. 2d 516, 530 (Fla. 2008) ; see also Bush v. State , 295 So. 2d 903 (Fla. 1981) (holding photograph of victim's decomposed body admissible to corroborate testimony as to how death was inflicted). 2d 392, 399 (Fla. 1984) ; see also F.B. She suffered swelling of her brain as a result of lack of oxygen to her brain, and as a result of which, she died, Rao testified. About an hour of surveillance footage from Walmart was played during the trial. Smith faces the death penalty. Fla. R. Crim. Rayne Perrywinkle grew suspicious when the pair did not return and dialed 911. The prosecution filed a noticed, stating they intended to seek the death penalty, citing 6 aggravating factors. After conducting a Spencer hearing, the trial court entered a sentencing order accepting the jury's recommendation and imposing the death penalty. Here, Smith claims that the prosecutors comments amounted to improper "golden rule" arguments, which impermissibly persuade jurors to "place themselves in the victim's position during the crime and imagine the victim's suffering." Perrywinkle can be heard saying: "I'm hoping he's not raping her right now because I've had that done to me and it's not fun.". "); see also Patrick v. State , 104 So. 3d 242, 257 (Fla. 2012) ). From its vantage point, which was closer to Dr. Rao's reaction than ours, the trial court determined that a recess was appropriate, and a mistrial was not. The State ultimately introduced twenty-six photos of Cherish's various injuries, including pictures of her exposed skull and trachea. Donald James Smith, 61, faces the death penalty if he is found guilty of first-degree murder, kidnapping and sexual battery, reported The Washington Post. Clickheretouploadyours. Even CNN and Fox News picked up the story. Around the same time, an officer working the scene of a traffic crash on Interstate 95 recognized Smith's van and called it in. It looked like a grandfather and a granddaughter," Nelson said. Cherish had been brutally raped, then strangled to death. Waiting for your permission to load facebook comments. In light of the extensive pretrial publicity, the trial court used a written juror questionnaire and individual voir dire regarding exposure to press coverage as part of the jury selection process. 2d 1173, 1178 (Fla. 2001) ); Barnhill v. State , 834 So. Link your TV provider to stream full episodes and live TV. Devastating footage was released during the trial last year showing the moment the young girl was approached while out with her mother and sisters. That's the only reason.". The aggravating factors were: 1. A verdict could come as early as tomorrow in the case against the man charged with kidnapping, raping, and killing a local 8-year-old girl. Id . 2d 226, 230 (Fla. 2003) ("[A]n argument that the evidence is totally insufficient as a matter of law to establish the commission of a crime need not be preserved. Outlets in Panama City, Tallahassee, Orlando, Tampa, and Miami reported on the murder. Autopsy and crime-scene photographs including graphic images of 8-year-old Cherish Perrywinkle and her accused rapist and killer can be shown to the jury in Donald James Smiths upcoming murder trial in Jacksonville, a judge ruled Thursday. That is, "the issue or legal argument must be raised and ruled on by the trial court." FULL STORY: Autopsy photos of Cherish Perrywinkle will be shown to jury - WJXT. Perez v. State , 919 So. 2d 688 (Fla. 1993). "No one noticed. She did not state why she was requesting a break, and when testimony resumed, Dr. Rao spoke clearly and did not appear to the jury to be in any emotional distress. The court denied the motion. I need just 5 minutes.". He strangled her with such force her eyeballs bled, Nelson said. Do you have a story for The Sun Online news team? Lee says not being able to detect foreign DNA, or not being able to assemble a full profile, can happen for several reasons, includingenvironmental factors like the presence of water where the remains were found. Cherish's mother later told police she was struggling to buy clothes for her daughters when Smith overheard and offered to buy them for her. 2464. Next, Smith argues that the trial court erred in denying his motion for a mistrial on account of the interruption to Dr. Rao's testimony. There are five factors to be considered when evaluating pretrial publicity: (1) when the publicity occurred in relation to the crime and the trial, (2) whether the publicity was made up of factual or inflammatory stories, (3) whether the publicity favored the State's side of the story, (4) the size of the community exposed to the publicity, and (5) whether the defendant exhausted all of his peremptory challenges in seating the jury. 0. Im done., Jury watching surveillance video that appears to show #DonaldSmith and #CherishPerrywinkle in Walmart shoe section. Families that had never met the Perrywinkles stopped by their home with groceries. We address each claim in turn. 2d 538, 549 (Fla. 2007) (holding that State's comments describing victim's murder and last moments alive were not improper because they were based upon facts in evidence); see also Mosley , 46 So. Defendants have no constitutional due process right to correct an unpreserved error, and appellate courts should "exercise discretion under the doctrine of fundamental error very guardedly." On appeal, Smith raises the following five claims: (a) the trial court abused its discretion in denying Smith's motion for change of venue; (b) the trial court abused its discretion in denying Smith's motion for mistrial during the medical examiner's testimony; (c) the trial court abused its discretion by denying Smith's motion to exclude autopsy photos; (d) the trial court abused its discretion by overruling an objection to the prosecutor's opening statement and committed fundamental error by not granting a mistrial during the prosecutor's closing statement; and (e) the cumulative effect of the errors in the case deprived Smith of a fair trial. 2d 278, 285 (Fla. 1997). In court, Raynes 911 call to the dispatcher was played. 2d 710, 713 (Fla. 1996) ; see also Campbell v. State , 271 So. Id. Czubak v. State , 570 So. Less than a month after 8-year-old Cherish Perrywinkle was abducted and slain, the state removed her two younger sisters from their mother's care. "[A] defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge." H. Kate Bedell and Richard Randall Kuritz of Law Offices of Bedell & Kuritz, Jacksonville, Florida, for Appellant Ashley Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, Florida, for Appellee, H. Kate Bedell and Richard Randall Kuritz of Law Offices of Bedell & Kuritz, Jacksonville, Florida, for Appellant, Ashley Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, Florida, for Appellee. 2d 347, 363 (Fla. 2005). at 1278-88. Surveillance footage from Walmart shows Perrywinkle, wearing the same dress found near her body, walking out of the store with Smith, a registered sex offender. 3d 147, 151 (Fla. 2019) (quoting Brown v. State , 124 So. News outlets in Florida and the United States covered the murder extensively. Rhodes v. State , 986 So. We have jurisdiction. Judge says jury will be sent home for the day, while all parties finalize jury instructions. While testifying to the injuries that Cherish sustained, Dr. Rao paused, took a breath, and asked to take a break. 2d at 980. Prosecutor Mark Caliel intends to introduce four minutes of the recording. To inquire about a licence to reproduce material, visit our Syndication site. When she found out her daughter was dead, she collapsed. Learn about careers at Cox Media Group. Officer Charles Wilkie testified that he stood by her body to make sure it was not eaten by alligators. Four of the jurors ultimately chosen for Smith's trial had not heard of the case at all. The cause of death, Rao determined, was mechanical asphyxia. Maddox v. State , 760 So. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. They all replied: Yeshttps://t.co/KORxv8xtHp pic.twitter.com/N7dzz8AmL1. Nelson said that the childs last five hours alive were torturous. cherish lily perrywinkle autopsy report km We and our partnersstore and/or access information on a device, such as cookies and process personal data, such as unique identifiers and standard information sent by a device for personalised ads and content, ad and content measurement, and audience insights, as well as to develop and improve WebCherish Lily Perrywinkle, the oldest of the trio, was born on Christmas Eve of 2004. With Jeff Conrad, Jeff Conrad, Erik Ermantrout, Erin Faupel. UPDATE: Initial Valerie Rao performed the autopsy of 8-year-old Cherish Perrywinkle back in 2013, and today, she walked jurors through photos and details of her findings regarding the child's Smith's team argued that the pictures unduly prejudicial emotional effect would outweigh their probative value. Jacksonville Chief Medical Examiner Dr. Valerie Rao HARROWING images of the battered body of an eight-year-old girl who was raped and brutally killed have leftan entire jury traumatised and in tears. My daughter has the same dress.. taking the girl from her family at a Northside Walmart, environmental factors like the presence of water where the remains were found, To know Nancy was to love Nancy: St. Johns County woman killed in suspected DUI crash, Researcher begins 100-day stay at Florida underwater hotel, Florida pastor accused of selling church for drug money, St. Augustine severs ties with Greyhound lines to combat homelessness, Expert shares tips on how to fight off pesky no-see-ums this season. Yet a prosecutor's words may, indeed sometimes must, elicit an emotional response from the jury. If an issue is not preserved, it is reviewed only for fundamental error. During the autopsy, Rao also examined Smith Here, Dr. Rao paused, caught her breath, and asked for a break. What she sustained was tremendous force on her neck, such that she basically, she could not breathe. Smith contends that this pause was tantamount to a breakdown and asserted the only way to cure the disruption was to declare a mistrial. All rights reserved. Autopsy Pos of Cherish Perrywinkle Revealed An autopsy pos of the body of Cherish Perrywinkle was released today. What is more, the court would not have abused its discretion had it denied the motion. Much of the pretrial publicity in this matter occurred five years before jury selectionin 2013, right after Cherish Periwinkle was murdered. When Cherishs body was brought to the Medical Examiners Office, Rao says the conducted a sexual assault kit, where a lot of evidence was collected. Donald Smith was standing trial on charges of first-degree murder, kidnapping and sexual battery. 2d 678, 685 (Fla. 1997), this Court found no error where a prosecutor made similar comments during closing argument describing a victim's rape and murder as "every woman's worst nightmare." By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. The court ultimately empaneled the jury without an objection from defense counsel or a request for a final ruling on its motion to change venue. P. 3.240(a). RELATED: New Details About The Teen Who Sent Photos Of A Dying Girl To His Friends Before Sexually Assaulting Her As She Passed Away, Sign up for Yahoo Lifes daily newsletter, Every mothers darkest nightmare became Rayne, State Attorney Melissa Nelson said in her opening statement, Sad New Details About The Man Who Murdered His Girlfriend After Stabbing His Parents At A Family Birthday Party, He has a history of preying on young children, The Awful Abuse 3-Year-Old Angelina Costello Suffered Before She Died And How Her Mother Tried To Cover Up Her Wounds, New Details About The Teen Who Sent Photos Of A Dying Girl To His Friends Before Sexually Assaulting Her As She Passed Away, Women who had ovarian cysts share their stories, A sugar replacement may be linked to heart attacks and strokes, but don't throw it out yet. Smith argues next that the trial court improperly denied his motion to exclude autopsy photographs used during Dr. Rao's testimony. Analysts say it seems preparations are under way for Ukrainian withdrawal from key city. In the case, her body was found in a tidal creek, partially clothed, in six inches of water. The trial Monday began with a testimony from Cherishs mother, Rayne Perrywinkle, about her daughters disappearance on June 21, 2013. December 24, 2004 June 22, 2013 IN THE CARE OF Hardage-Giddens Riverside Funeral Home & Riverside Memorial Park Cherish Lily Perrywinkle, age 8, went to be with her Lord and Savior June 22, 2013 in Jacksonville, FL. On Day 2 in the trial of Donald Smith, many female jurors cried when graphic autopsy photographs of Cherish Perrywinkle were shown in court Tuesday. Smith objected to the prosecutor's opening statement ("[e]very mother's darkest nightmare became Rayne Perrywinkle's reality"), so we review the trial court's overruling the objection for abuse of discretion. Cooper also decided that the jury can also hear portions of audio from a secretively recorded conversation Smith had with another inmate awaiting a case in the jail.