JACKSONVILLE, Fla. -- Donald Smith, the man accused of raping and murder 8-year-old Cherish Perrywinkle was back in court again, Thursday May 26.
The hearing was very emotional for the victim's mother, Rayne Perrywinkle . She cried quietly as both sides agreed on a new trial date for Donald Smith, which has been set for January 17, 2017. The trial will take place more than three and half years since young Cherish Perrywinkle was found brutally murdered on the city's Northside.
A few things were discussed during Thursday's brief hearing; the new trial date and several pending motions the judge is supposed to address in July. One motion has to do with secret jailhouse recording between Smith and another inmate, convicted killer Randall Deviney. Thursday, Smith's attorney requested that several letters Deviney wrote to the court be unsealed. Deviney claims to have information on another murder he says Smith is responsible for. The judge says she'll need some one to figure out if and when she'll unseal those records.
Another unresolved issue in this case in the death penalty, something that's come under fire in recent months. Any changes made to the current state law would ultimately affect this case, which is causing some stirrings in the community for those who want justice for Perrywinkle. Smith's attorney wants the death penalty taken off the table, but the state says it's not backing down.
Smith will be back in court July 21.