1 00:00:07,720 --> 00:00:11,639 Speaker 1: Crime Stories with Nancy Grace on Sirius XM Triumph Channel 2 00:00:11,760 --> 00:00:19,360 Speaker 1: one two. In the last hours, a veteran medical examiner 3 00:00:20,200 --> 00:00:27,000 Speaker 1: breaks down in tears, crying on the stand as graphic 4 00:00:27,120 --> 00:00:33,880 Speaker 1: autopsy photos of a little girl, Cherish Perrywinkle are shown 5 00:00:34,680 --> 00:00:40,120 Speaker 1: in court. And it could all have been stopped. I mean, 6 00:00:40,200 --> 00:00:43,200 Speaker 1: Nancy Grace, this is Crime Stories, Thank you for being 7 00:00:43,240 --> 00:00:47,440 Speaker 1: with us. An eight year old Florida girl is kidnapped, 8 00:00:48,640 --> 00:00:56,480 Speaker 1: sex molested, and murdered out of a Walmart superstore, her 9 00:00:56,600 --> 00:01:01,880 Speaker 1: mom burying the guilt of letting it happen, according to 10 00:01:01,920 --> 00:01:07,440 Speaker 1: her detractors, But when you hear the whole story, it's 11 00:01:07,520 --> 00:01:14,520 Speaker 1: not anyone's fault except the perpetrator. Sixty one year old 12 00:01:15,000 --> 00:01:19,720 Speaker 1: Donald Smith joining me, Syndicated talk show host David mac 13 00:01:20,000 --> 00:01:27,480 Speaker 1: Ashley Willcott, veteran child advocate, Mark Class, renowned victims advocate, 14 00:01:27,800 --> 00:01:31,800 Speaker 1: and Cheryl McCullum, director of the Coal Case Institute, joining me. 15 00:01:31,840 --> 00:01:37,320 Speaker 1: Also forensics expert Karen Smith. I want to go first 16 00:01:37,480 --> 00:01:42,600 Speaker 1: out to Cheryl McCullum. Cheryl, this case, I remember when 17 00:01:42,640 --> 00:01:46,319 Speaker 1: it happened. The mother is in like I think it 18 00:01:46,360 --> 00:01:50,600 Speaker 1: was a family dollar or general dollar, and she's trying 19 00:01:50,600 --> 00:01:54,480 Speaker 1: to buy her little girls some school clothes. And they're 20 00:01:54,480 --> 00:01:57,040 Speaker 1: going through it saying, Okay, we can't afford this, we 21 00:01:57,080 --> 00:02:01,800 Speaker 1: cannot afford that. I as a up devotee of the 22 00:02:01,880 --> 00:02:05,400 Speaker 1: Dollar Tree, I know what she's talking about. So you're 23 00:02:05,400 --> 00:02:07,480 Speaker 1: in there and you're looking for the best deal of 24 00:02:07,600 --> 00:02:11,200 Speaker 1: what she could afford to buy her children. A guy 25 00:02:11,280 --> 00:02:14,280 Speaker 1: comes up and says, Hey, I'm about to go meet 26 00:02:14,360 --> 00:02:20,360 Speaker 1: my wife over at Walmart. And I hear you, guys, look, 27 00:02:20,440 --> 00:02:21,959 Speaker 1: I know you don't have enough money to buy the 28 00:02:22,280 --> 00:02:26,200 Speaker 1: school clothes. I'll pitch in, let me help you. And 29 00:02:26,280 --> 00:02:29,959 Speaker 1: so they end up they all go to the Walmart 30 00:02:30,360 --> 00:02:34,440 Speaker 1: superstore and this guy, the kindness of his heart and 31 00:02:34,520 --> 00:02:38,079 Speaker 1: his wife's hard, is gonna buy some clothes for these kids. 32 00:02:38,240 --> 00:02:41,400 Speaker 1: All right. Then, as they're shopping and all that, And 33 00:02:41,400 --> 00:02:45,320 Speaker 1: I've watched the video a million times, Cheryl McCullum. I 34 00:02:45,520 --> 00:02:49,040 Speaker 1: see him in the video. Although there are other children 35 00:02:49,040 --> 00:02:51,440 Speaker 1: and the mom there, he keeps looking at Cherish, the 36 00:02:51,480 --> 00:02:54,320 Speaker 1: eight year old girl. He keeps talking to her as 37 00:02:54,360 --> 00:02:58,000 Speaker 1: they're looking at shoes and clothes. Then he says to 38 00:02:58,080 --> 00:03:01,280 Speaker 1: the mom, Hey, there's the making Donold's right up front 39 00:03:01,560 --> 00:03:06,120 Speaker 1: within the superstore. I think it was a mcdollars, Hamburgers 40 00:03:06,120 --> 00:03:08,919 Speaker 1: and stuff up there. Let chairs come with me. We'll 41 00:03:08,919 --> 00:03:10,680 Speaker 1: go get some food for everybody else and bring it 42 00:03:10,720 --> 00:03:13,560 Speaker 1: back while you guys shop. You know, the mom has 43 00:03:13,600 --> 00:03:15,560 Speaker 1: been with them for a period of time. Now, I 44 00:03:15,560 --> 00:03:19,560 Speaker 1: mean it's within the store, it's within walking distance in 45 00:03:20,160 --> 00:03:23,640 Speaker 1: the store. I mean, you know those superstores have barber shops, 46 00:03:23,680 --> 00:03:27,079 Speaker 1: they have food, they have this, they have that salons. Everything. 47 00:03:28,960 --> 00:03:32,000 Speaker 1: You can see on the video where he walks out 48 00:03:32,400 --> 00:03:35,840 Speaker 1: the front door with Cherish, there wasn't a wife coming 49 00:03:35,840 --> 00:03:38,440 Speaker 1: to meet them. That was a big lie. He zoned 50 00:03:38,480 --> 00:03:43,120 Speaker 1: in on Cherish Periwinkle, raped her brutally in his car 51 00:03:44,320 --> 00:03:50,440 Speaker 1: and then just discards her body face down, submerged in 52 00:03:50,520 --> 00:03:54,840 Speaker 1: a ditch not far away. They find her body there 53 00:03:55,840 --> 00:04:00,040 Speaker 1: when they find him, he's covered in scratches for a 54 00:04:00,120 --> 00:04:04,520 Speaker 1: little eight year old girl fought for her life. I 55 00:04:04,680 --> 00:04:09,480 Speaker 1: personally interviewed another young girl and her mother that he 56 00:04:09,720 --> 00:04:13,960 Speaker 1: tried to lure at a McDonald's before this to try 57 00:04:14,000 --> 00:04:16,200 Speaker 1: to get the little girl in the car, and the 58 00:04:16,279 --> 00:04:21,559 Speaker 1: mom scared him away. In the same flight van, same 59 00:04:21,640 --> 00:04:24,159 Speaker 1: one Cheryl Nanthy. This guy had been out of prison 60 00:04:24,240 --> 00:04:29,720 Speaker 1: three weeks. He had forty years worth of crime. This 61 00:04:29,839 --> 00:04:33,640 Speaker 1: guy did say this old Cherished, He made a mind 62 00:04:33,720 --> 00:04:35,839 Speaker 1: up what he was going to do to her. He 63 00:04:35,960 --> 00:04:38,120 Speaker 1: figured out a way to get her load away from 64 00:04:38,120 --> 00:04:41,440 Speaker 1: her mother. It is absolutely horrified. I want to go 65 00:04:41,720 --> 00:04:45,360 Speaker 1: now to Mark class Mark. How do you think this 66 00:04:45,400 --> 00:04:48,560 Speaker 1: whole thing went down? It went down pretty easy. I 67 00:04:48,560 --> 00:04:52,599 Speaker 1: mean Caryl's testimony fought on, knew exactly what it was 68 00:04:52,640 --> 00:04:56,000 Speaker 1: he wanted to do. He manipulated the mother into trusting him, 69 00:04:56,279 --> 00:04:59,040 Speaker 1: even if only for a moment, and he then kidnapped 70 00:04:59,040 --> 00:05:02,719 Speaker 1: a little girl, heinous crimes against her. But it begs 71 00:05:02,760 --> 00:05:05,800 Speaker 1: the question, Nancy, what in the world was this character, 72 00:05:06,160 --> 00:05:09,600 Speaker 1: with the forty year criminal history of heinous and violent 73 00:05:09,640 --> 00:05:12,080 Speaker 1: crimes doing on the street in the first place. It 74 00:05:12,200 --> 00:05:16,520 Speaker 1: makes absolutely no sense. Absolutely, you know, I've listened a 75 00:05:16,560 --> 00:05:20,520 Speaker 1: million times to this, but listened to Cherish his mother. 76 00:05:21,040 --> 00:05:25,640 Speaker 1: When she tries to find Cherish, she realizes she's not there. 77 00:05:25,680 --> 00:05:31,480 Speaker 1: She goes berserk and dials nine one one. Listen, won, 78 00:05:32,240 --> 00:05:35,760 Speaker 1: Hi that willma, and let turn think my daughter has 79 00:05:35,800 --> 00:05:44,000 Speaker 1: been taken? What do you mean taken by stranger? Prior? Okay, ma'am, 80 00:05:44,040 --> 00:05:49,479 Speaker 1: how old is your daughter? Has can you say you 81 00:05:49,520 --> 00:05:52,279 Speaker 1: have the Walmart on him? Turner, Yes, I am. Okay, 82 00:05:52,279 --> 00:06:00,920 Speaker 1: Well where did your blast? Hear at? Admit him in 83 00:06:01,040 --> 00:06:03,960 Speaker 1: today dollar Generally he saw that I was struggling to 84 00:06:04,080 --> 00:06:08,479 Speaker 1: buy him some clothes. He grew us here to buy 85 00:06:08,520 --> 00:06:10,479 Speaker 1: us some clothes. And the only reason I went with 86 00:06:10,560 --> 00:06:13,080 Speaker 1: him because she said his wife was going to be here, 87 00:06:13,600 --> 00:06:17,480 Speaker 1: because I told him I don't take rides with strangers. Okay, man, 88 00:06:17,680 --> 00:06:22,080 Speaker 1: what's your daughter's name? Her name is Cherished Cherish, yes, 89 00:06:23,200 --> 00:06:26,200 Speaker 1: and her her last name Harry Winkle. With the teeth 90 00:06:26,560 --> 00:06:30,000 Speaker 1: change startup on me? Please p E R R Y 91 00:06:31,400 --> 00:06:35,800 Speaker 1: w I N k Ellie. And then your white female 92 00:06:35,839 --> 00:06:39,640 Speaker 1: black female? Excuse me? Is she a white or black female? 93 00:06:40,200 --> 00:06:44,880 Speaker 1: She's white? Girls, go ahead, don't care. I don't remember 94 00:06:44,880 --> 00:06:47,240 Speaker 1: what clothes she's wearing because I'm panicking, right and now 95 00:06:47,240 --> 00:06:50,360 Speaker 1: I was trying to mepothetic, okay, and she was laughing. 96 00:06:50,400 --> 00:06:53,240 Speaker 1: What this man is he? What he said he was 97 00:06:53,279 --> 00:06:58,240 Speaker 1: going to McDonald's and he he hasn't been there because 98 00:06:58,279 --> 00:07:03,160 Speaker 1: the store is closed to right now? Okay? Is he 99 00:07:03,200 --> 00:07:05,520 Speaker 1: a white man or a black man or white man? 100 00:07:05,680 --> 00:07:09,679 Speaker 1: He's cut, white, short haired, he's got dark eyebrows. Okay, 101 00:07:09,760 --> 00:07:14,800 Speaker 1: dark dark short hair. No, he's got white hair as 102 00:07:14,920 --> 00:07:21,120 Speaker 1: dark eyebrows. H. I had a strange feeling good back 103 00:07:21,160 --> 00:07:22,840 Speaker 1: he when I first met him, and he took her 104 00:07:22,840 --> 00:07:26,920 Speaker 1: to the He took her to the to the dressing room, twhite, 105 00:07:27,640 --> 00:07:30,200 Speaker 1: and I was hoping that she would be okay, and 106 00:07:30,280 --> 00:07:33,280 Speaker 1: I was looking at the shoes and I didn't want 107 00:07:33,320 --> 00:07:36,120 Speaker 1: him to think that I was overly protected freaking out. 108 00:07:36,960 --> 00:07:42,920 Speaker 1: But now they're not here. And I said it very 109 00:07:42,920 --> 00:07:49,160 Speaker 1: odd because he knew that. Okay, man, what got a vehicle? 110 00:07:49,200 --> 00:07:54,800 Speaker 1: Does he drive? That's a white fan that Do you 111 00:07:54,840 --> 00:07:57,320 Speaker 1: remember any stickers or anything on the side of the van, 112 00:07:57,440 --> 00:07:59,160 Speaker 1: anything that you can remember at all? Did you have 113 00:07:59,240 --> 00:08:03,800 Speaker 1: tenant windows or anything? And then he's got carton in 114 00:08:03,880 --> 00:08:08,840 Speaker 1: the vain and then take a good look party, and 115 00:08:08,920 --> 00:08:13,280 Speaker 1: he said what and take a good look at the beds? Okay, 116 00:08:13,360 --> 00:08:15,320 Speaker 1: do you remember what? Did you see any tag on 117 00:08:15,360 --> 00:08:19,200 Speaker 1: it or anything? Wasn't I want to tag? No? I 118 00:08:19,280 --> 00:08:24,440 Speaker 1: didn't look at that. Feel like a fool. Okay, don't 119 00:08:24,440 --> 00:08:27,679 Speaker 1: you remember what he had on? No? I don't remember 120 00:08:27,720 --> 00:08:31,160 Speaker 1: anything because I'm paticking right now. Okay, man, what's your name? 121 00:08:31,800 --> 00:08:34,720 Speaker 1: My name is Rain. A y and he said his 122 00:08:34,880 --> 00:08:39,840 Speaker 1: name is Gone. He said he was supposed to meet 123 00:08:39,960 --> 00:08:41,920 Speaker 1: his wife here and he's why they were showed up. 124 00:08:41,920 --> 00:08:44,800 Speaker 1: But I couldn't figure out why his wife didn't even 125 00:08:45,080 --> 00:08:49,880 Speaker 1: show up at Dollar General. And he told you that 126 00:08:50,080 --> 00:08:52,120 Speaker 1: y'all were going to meet his wife at um the 127 00:08:52,360 --> 00:08:55,720 Speaker 1: walmarty first she was supposed to show up at Dollar 128 00:08:55,840 --> 00:08:58,760 Speaker 1: General and then he was gonna meet with her at 129 00:08:59,240 --> 00:09:05,080 Speaker 1: at Walmart. And we've been here possibly two hours, and 130 00:09:05,320 --> 00:09:08,559 Speaker 1: she didn't show up. And I had had this card 131 00:09:08,679 --> 00:09:10,400 Speaker 1: full of clothes and he said he was going to 132 00:09:10,520 --> 00:09:13,320 Speaker 1: pay for with a hundred dollar gift card. And I 133 00:09:14,240 --> 00:09:17,640 Speaker 1: excuse me. I had a bad feeling. I thought, well, 134 00:09:19,040 --> 00:09:21,560 Speaker 1: I feel like pinching myself because this is too good 135 00:09:21,559 --> 00:09:24,640 Speaker 1: to be true. So got to the checkout. He's not here. 136 00:09:24,720 --> 00:09:34,680 Speaker 1: Cherish isn't here. Jeez A. He's eight years old. She's 137 00:09:34,679 --> 00:09:36,920 Speaker 1: supposed to go to show a Ford in the morning 138 00:09:37,480 --> 00:09:40,880 Speaker 1: to the plane and he goes. Because I told him this, 139 00:09:41,520 --> 00:09:45,640 Speaker 1: he knew when the store was closing. He had a 140 00:09:45,720 --> 00:09:48,719 Speaker 1: bad feeling about him. Okay, how long have you been 141 00:09:48,720 --> 00:09:50,560 Speaker 1: looking for you? When was the last time you saw 142 00:09:50,600 --> 00:09:53,880 Speaker 1: your daughter? How long ago? About half an hour ago, 143 00:09:55,320 --> 00:09:59,200 Speaker 1: but ready for her for half an hour. Is there's 144 00:09:59,280 --> 00:10:02,480 Speaker 1: nobody in this for orders? Did you do? The store 145 00:10:02,559 --> 00:10:05,760 Speaker 1: was courtesy? He said he was going to McDonald She 146 00:10:05,840 --> 00:10:07,600 Speaker 1: went with him. I should have told her to stay 147 00:10:07,640 --> 00:10:12,320 Speaker 1: with me, She keeps saying, over and over Dave matt 148 00:10:12,400 --> 00:10:15,199 Speaker 1: syndicated talk show has joining us this morning. She keeps saying, 149 00:10:15,480 --> 00:10:17,440 Speaker 1: why in the world would he take my little girl? 150 00:10:17,640 --> 00:10:21,079 Speaker 1: Why would he take my little girl? Rain Perry Wiggle 151 00:10:21,160 --> 00:10:25,080 Speaker 1: says it over and over and over. Uh. She reportedly 152 00:10:25,280 --> 00:10:30,640 Speaker 1: has her head down in court crying as she hears 153 00:10:31,000 --> 00:10:34,000 Speaker 1: that is, she hears her own words on nine one one, 154 00:10:34,360 --> 00:10:37,680 Speaker 1: telling a dispatcher I feel like a fool. She couldn't 155 00:10:37,679 --> 00:10:40,800 Speaker 1: even remember what Smith was wearing or what his license 156 00:10:40,840 --> 00:10:43,839 Speaker 1: plate was. She was so out of her mind, and 157 00:10:43,880 --> 00:10:47,200 Speaker 1: the cops, David mac think this is some kind of 158 00:10:47,200 --> 00:10:52,880 Speaker 1: a weird custody maneuver on her part, and they delay. 159 00:10:53,400 --> 00:10:56,000 Speaker 1: David mac Nancy, there are so many sad things. When 160 00:10:56,000 --> 00:10:58,600 Speaker 1: you talked about the mother, not you know that nine 161 00:10:58,679 --> 00:11:01,720 Speaker 1: one one call. One the things that really got during 162 00:11:01,760 --> 00:11:06,160 Speaker 1: the testimony was she wanted to believe that Donald Smith 163 00:11:06,559 --> 00:11:08,760 Speaker 1: was what he pretended to be, somebody who was there 164 00:11:08,800 --> 00:11:11,559 Speaker 1: to help. This is a single mom. She's going through 165 00:11:11,559 --> 00:11:13,880 Speaker 1: a tough time and doesn't have enough money for clothes 166 00:11:13,920 --> 00:11:16,680 Speaker 1: for her kids, and here comes this man promising to 167 00:11:16,800 --> 00:11:19,000 Speaker 1: be the kind of person that she could trust. And 168 00:11:19,160 --> 00:11:22,040 Speaker 1: she said when the prosecutor said, did you want to 169 00:11:22,120 --> 00:11:26,000 Speaker 1: believe him? She said, very much. So that's why there's 170 00:11:26,080 --> 00:11:29,520 Speaker 1: such pain and anguish when you hear her call that 171 00:11:30,679 --> 00:11:33,120 Speaker 1: she wanted to believe, but she knew in her heart 172 00:11:33,240 --> 00:11:36,080 Speaker 1: that she just couldn't. But she did. That's why there's 173 00:11:36,080 --> 00:11:38,400 Speaker 1: so much pain. That's why there's so much frustration. But 174 00:11:38,440 --> 00:11:41,640 Speaker 1: it has already been mentioned. Why was this man on 175 00:11:41,679 --> 00:11:43,560 Speaker 1: the street and able to do this? You know? I 176 00:11:43,640 --> 00:11:48,120 Speaker 1: just keep looking over and over at the video of 177 00:11:48,200 --> 00:11:51,080 Speaker 1: her being led out like a lamb to the slaughter, 178 00:11:51,679 --> 00:11:56,839 Speaker 1: an eight year old little girl being dragged out by 179 00:11:56,880 --> 00:12:00,679 Speaker 1: he's now being called the Walmart monster. The mom thinks 180 00:12:00,720 --> 00:12:09,080 Speaker 1: it's killer. Was a good Samaritan joining me right now, 181 00:12:09,120 --> 00:12:13,720 Speaker 1: Ashley Willcott, child advocate, Ashley, I'm just I'm sick. You 182 00:12:13,760 --> 00:12:16,760 Speaker 1: and I both have little girls about this age. And 183 00:12:16,840 --> 00:12:19,280 Speaker 1: let me say this, Nancy, regardless what you do or 184 00:12:19,360 --> 00:12:21,800 Speaker 1: don't do as a parent, because some people have said, oh, 185 00:12:21,840 --> 00:12:25,640 Speaker 1: it's the mother's fault. No, it's not. No one deserves this. 186 00:12:26,240 --> 00:12:28,920 Speaker 1: No one should have to go through this happening to 187 00:12:28,960 --> 00:12:32,280 Speaker 1: their child. This man will always be a purp. Here's 188 00:12:32,400 --> 00:12:36,599 Speaker 1: no treatment, there is no fixing, there is no changing. 189 00:12:36,840 --> 00:12:41,199 Speaker 1: This man will always pray on children. I'm looking at 190 00:12:41,240 --> 00:12:44,960 Speaker 1: the photos with me, renowned forensics expert Karen Smith. We 191 00:12:45,000 --> 00:12:49,120 Speaker 1: have worked together on many occasions before. I'm looking Karen 192 00:12:49,240 --> 00:12:56,280 Speaker 1: at pictures of Cherish Perrywinkle. She's just gorgeous, and I'm 193 00:12:56,320 --> 00:12:59,520 Speaker 1: looking at pictures of her mother crying in court. And 194 00:12:59,520 --> 00:13:03,959 Speaker 1: I'm looking at pictures of this I mean, he's straight 195 00:13:04,000 --> 00:13:08,959 Speaker 1: from hell. He's he's the devil's minion. I'm looking at him, 196 00:13:09,160 --> 00:13:11,360 Speaker 1: and you should see the way he's all dressed up. 197 00:13:11,400 --> 00:13:14,959 Speaker 1: He's got on a he he's got a pale purple 198 00:13:15,120 --> 00:13:20,959 Speaker 1: button down shirt with a matching tie and trousers dress likes, 199 00:13:21,000 --> 00:13:25,200 Speaker 1: and he's perfectly manicured in groom. He's wearing his eye 200 00:13:25,240 --> 00:13:28,040 Speaker 1: spectacles up on top of his head. He looks like 201 00:13:28,160 --> 00:13:35,040 Speaker 1: somebody's grandfather. I mean, Karen Smith, you have a very 202 00:13:35,120 --> 00:13:38,360 Speaker 1: unique insight into this case. What can you tell me? 203 00:13:38,480 --> 00:13:41,480 Speaker 1: This case happened about a month after I retired from 204 00:13:41,520 --> 00:13:44,960 Speaker 1: the Jacksonville Sheriff's Office. UM, I can tell you that 205 00:13:45,000 --> 00:13:47,840 Speaker 1: had I stayed, I likely would have been pulled into 206 00:13:47,880 --> 00:13:50,560 Speaker 1: some part of this investigation, and by the grace of God, 207 00:13:50,600 --> 00:13:54,560 Speaker 1: I wasn't because this is one that every investigator involved 208 00:13:54,600 --> 00:13:57,320 Speaker 1: in this, the prosecutors, and everyone is going to carry 209 00:13:57,320 --> 00:14:00,360 Speaker 1: with them for the remainder of their days. When I 210 00:14:00,440 --> 00:14:03,440 Speaker 1: heard that, Dr Row, the medical examiner broke down on 211 00:14:03,480 --> 00:14:07,440 Speaker 1: the stand. I've worked with Dr Row on dozens and 212 00:14:07,520 --> 00:14:10,880 Speaker 1: dozens of cases. She is a strong willed woman. She 213 00:14:11,080 --> 00:14:15,600 Speaker 1: is an outstanding medical examiner. Listens to you to explain 214 00:14:15,760 --> 00:14:20,880 Speaker 1: to the jury what is reflected here? Okay, so when 215 00:14:20,920 --> 00:14:23,600 Speaker 1: the scamp is reflected back, you have an area of 216 00:14:23,640 --> 00:14:33,040 Speaker 1: hemorrhage right there. I'm sorry, where um on the left 217 00:14:33,360 --> 00:14:38,400 Speaker 1: side of her scamp? Right? And what's how is that cause? 218 00:14:38,560 --> 00:14:44,400 Speaker 1: Dr Row? Um? Then trauma. I'm going to show you 219 00:14:44,520 --> 00:14:48,200 Speaker 1: two more photographs of the dissection taken of cherished her 220 00:14:48,360 --> 00:14:51,920 Speaker 1: Winkle's throat. When you first told the jury what you 221 00:14:52,000 --> 00:14:57,320 Speaker 1: saw when you um dissected her throat? Yes, so what 222 00:14:57,480 --> 00:15:00,560 Speaker 1: we do is it's us. I I'm sorry, I have 223 00:15:00,600 --> 00:15:04,120 Speaker 1: to take a break. Can they just have like five minutes. 224 00:15:04,240 --> 00:15:09,480 Speaker 1: When I heard that, I knew how bad this was. 225 00:15:09,800 --> 00:15:13,480 Speaker 1: I know all of the investigators, and God bless them. 226 00:15:13,640 --> 00:15:16,560 Speaker 1: You know. Uh, it got to be getting late, all right. 227 00:15:16,600 --> 00:15:18,680 Speaker 1: They were shopping for school clothes, and it was getting 228 00:15:18,680 --> 00:15:22,520 Speaker 1: towards ten o'clock at night, and Smith's so called wife 229 00:15:22,720 --> 00:15:28,480 Speaker 1: had never appeared. Cherished mom Rain says her daughters needed 230 00:15:28,480 --> 00:15:31,120 Speaker 1: to go home. They hadn't had dinner, and that is 231 00:15:31,200 --> 00:15:35,120 Speaker 1: when Smith tells Rain he would go to McDonald's inside 232 00:15:35,160 --> 00:15:40,320 Speaker 1: the store and get cheeseburgers. Cherish, eight years old, followed 233 00:15:40,320 --> 00:15:45,160 Speaker 1: along and was never seen alive again. The mom says 234 00:15:45,440 --> 00:15:49,320 Speaker 1: less than twenty minutes later, she realized the McDonald's in 235 00:15:49,400 --> 00:15:54,520 Speaker 1: the Walmart was actually closed her. She started panicking. Her 236 00:15:54,520 --> 00:15:57,480 Speaker 1: cell phone didn't work. Her daughter had dunked in the 237 00:15:57,520 --> 00:15:59,880 Speaker 1: water to try to clean it, so she started to 238 00:16:00,040 --> 00:16:05,800 Speaker 1: screaming for help. When she realized her daughter was Dawn. 239 00:16:06,760 --> 00:16:12,640 Speaker 1: I mean, smart class, you know what it feels like 240 00:16:12,800 --> 00:16:18,600 Speaker 1: to realize your daughter is gone. It's beyond that because 241 00:16:18,760 --> 00:16:22,400 Speaker 1: she she uh for some period of time cried out 242 00:16:22,440 --> 00:16:25,040 Speaker 1: for help. She wanted somebody to help her get her daughter. 243 00:16:25,480 --> 00:16:30,960 Speaker 1: And at Walmart, um they ignored her, They ignored her 244 00:16:31,040 --> 00:16:33,640 Speaker 1: until somebody finally loaned her a phone so that she 245 00:16:33,680 --> 00:16:38,680 Speaker 1: could call one. This is such a monumental betrayal. He 246 00:16:38,840 --> 00:16:42,360 Speaker 1: betrayed this woman, He betrayed this little girl. She's left 247 00:16:42,400 --> 00:16:46,440 Speaker 1: with the guilt of unders of realizing that the one 248 00:16:46,480 --> 00:16:48,640 Speaker 1: thing she always told her daughter that she would be 249 00:16:48,680 --> 00:16:50,960 Speaker 1: there to protect her with something that she was unable 250 00:16:51,000 --> 00:16:53,680 Speaker 1: to do, something that you couldn't do. And you're seeing 251 00:16:53,680 --> 00:16:56,440 Speaker 1: the results right now in this trial. You see this 252 00:16:56,560 --> 00:17:01,400 Speaker 1: poor woman on the stand breaking out time and again 253 00:17:01,680 --> 00:17:06,640 Speaker 1: and again and again. It's just another example of of 254 00:17:06,640 --> 00:17:10,760 Speaker 1: of the power of evil and how one bad apple 255 00:17:10,920 --> 00:17:17,960 Speaker 1: can absolutely destroy lives. Um you know, David Mack, syndicated 256 00:17:18,000 --> 00:17:22,000 Speaker 1: talk shows, joining us. The mom's testifying, I was yelling 257 00:17:22,040 --> 00:17:23,919 Speaker 1: called nine one one, call and my one one. My 258 00:17:24,000 --> 00:17:27,000 Speaker 1: daughter has been taken, and no one would help me 259 00:17:27,119 --> 00:17:32,479 Speaker 1: right away. About forty minutes later, after she realizes her 260 00:17:32,560 --> 00:17:36,000 Speaker 1: daughter is gone, an employee finally hands her a cell 261 00:17:36,080 --> 00:17:39,160 Speaker 1: phone and she calls nine one one. Dave met why 262 00:17:39,200 --> 00:17:43,840 Speaker 1: didn't Walmart use their phone to call police? You know, Nancy, 263 00:17:43,880 --> 00:17:46,119 Speaker 1: I've been trying to figure that out for the longest 264 00:17:46,240 --> 00:17:49,560 Speaker 1: and all I could think of and you know, panic parents. 265 00:17:50,640 --> 00:17:54,000 Speaker 1: Maybe she wasn't. Maybe she people just didn't take her seriously, 266 00:17:54,040 --> 00:17:57,320 Speaker 1: you know, mentioned the delone, the police response, and everything else. 267 00:17:57,680 --> 00:17:59,800 Speaker 1: I'm trying to get my hands wrapped around this. But 268 00:18:00,040 --> 00:18:02,640 Speaker 1: took time for her to get from where she realized 269 00:18:02,720 --> 00:18:05,800 Speaker 1: that her daughter was not coming out from McDonald's to 270 00:18:05,800 --> 00:18:09,000 Speaker 1: the point where she got frantic. And that's why all 271 00:18:09,040 --> 00:18:11,840 Speaker 1: I can think of is that maybe she wasn't expressing 272 00:18:11,880 --> 00:18:14,720 Speaker 1: herself in a way that made people realize there was 273 00:18:14,760 --> 00:18:18,359 Speaker 1: a real emerenacy going on. Maybe she was. I don't know, Nancy. 274 00:18:18,520 --> 00:18:23,359 Speaker 1: I think a mom running through the store screaming, call 275 00:18:23,480 --> 00:18:26,680 Speaker 1: nine one one, my daughter's gone. Cheryl McCullum. I think 276 00:18:26,760 --> 00:18:29,040 Speaker 1: that would be enough of a signal, right, you would 277 00:18:29,080 --> 00:18:31,600 Speaker 1: take Nancy. You would think twenty people in that store 278 00:18:31,640 --> 00:18:35,520 Speaker 1: would have called, But they didn't, Nancy. The worst party is, 279 00:18:35,600 --> 00:18:38,320 Speaker 1: even when they finally got to nine one one, the 280 00:18:38,440 --> 00:18:41,399 Speaker 1: call was put out as a missing person, not a 281 00:18:41,480 --> 00:18:45,879 Speaker 1: child abduction, So that meant less officers were put on 282 00:18:45,920 --> 00:18:48,440 Speaker 1: the road immediately to go into action to search for her, 283 00:18:48,880 --> 00:18:51,960 Speaker 1: to put the bolow out on the van. So it 284 00:18:52,000 --> 00:18:54,400 Speaker 1: was it was a perfect store was just mistake as 285 00:18:54,400 --> 00:18:57,520 Speaker 1: a mistake as a mistake of people that failed this child. 286 00:18:57,640 --> 00:18:59,960 Speaker 1: You know, uh, well, this is what I know about 287 00:19:00,000 --> 00:19:05,439 Speaker 1: out Smith. He had been released from jail three weeks 288 00:19:05,480 --> 00:19:10,080 Speaker 1: before Cherish was murdered. He did four hundred thirty eight 289 00:19:10,160 --> 00:19:15,080 Speaker 1: days on felony charges of child abuse. Just that's a 290 00:19:15,080 --> 00:19:18,640 Speaker 1: little over one year on child abuse. And get this 291 00:19:19,280 --> 00:19:24,040 Speaker 1: unlawful impersonation of a public employee. Now, this is what 292 00:19:24,080 --> 00:19:27,960 Speaker 1: he did. He posed as a child welfare worker and 293 00:19:28,040 --> 00:19:31,320 Speaker 1: got a little girl on the phone and started asking 294 00:19:31,359 --> 00:19:39,440 Speaker 1: her sexually explicit questions. That is screwed up, Mark Class. 295 00:19:40,320 --> 00:19:45,360 Speaker 1: I don't understand, Nancy, how evil was allowed to continue 296 00:19:45,400 --> 00:19:48,720 Speaker 1: to proliferate. We knew what this guy was, he had 297 00:19:48,760 --> 00:19:51,719 Speaker 1: the history, he had demonstrated a time and time and 298 00:19:51,760 --> 00:19:54,840 Speaker 1: time again. Yet they put him back out onto the street. 299 00:19:55,200 --> 00:19:57,880 Speaker 1: It's a and we're in a situation now where we're 300 00:19:57,880 --> 00:20:01,320 Speaker 1: not holding criminals accountable for a variety of reasons and 301 00:20:01,359 --> 00:20:04,680 Speaker 1: based on a variety of laws. Victims have no rights, 302 00:20:04,760 --> 00:20:07,760 Speaker 1: Innocent little girls have no rights. All of the rights 303 00:20:07,800 --> 00:20:11,040 Speaker 1: go towards the criminals, and they're allowed to continue in 304 00:20:11,040 --> 00:20:15,080 Speaker 1: the turnstile system of justice that regurgitates him on the street. 305 00:20:15,200 --> 00:20:20,159 Speaker 1: Time after time after time to commit ever increasing and 306 00:20:20,280 --> 00:20:25,000 Speaker 1: ever worse crimes against innocent citizens. He shouldn't have been 307 00:20:25,400 --> 00:20:28,600 Speaker 1: on the streets. This guy is the embodiment of he 308 00:20:28,640 --> 00:20:32,520 Speaker 1: is just killing me, is killing me? I mean, I 309 00:20:32,840 --> 00:20:35,960 Speaker 1: gave you that example. But his criminal history goes back 310 00:20:36,000 --> 00:20:40,400 Speaker 1: to the seventies related to lude and lascivious conduct. He's 311 00:20:40,440 --> 00:20:43,919 Speaker 1: a registered sex offender since he was convicted in ninety 312 00:20:44,000 --> 00:20:48,360 Speaker 1: three in Duval County for attempt to kidnapping and selling 313 00:20:48,440 --> 00:20:54,879 Speaker 1: obscene materials. Doctors even determined he met the criteria of 314 00:20:54,920 --> 00:20:59,280 Speaker 1: a violent sex predator. He did present time, he was 315 00:20:59,400 --> 00:21:03,159 Speaker 1: ordered to get treatment, and then in this two thousand 316 00:21:03,320 --> 00:21:07,680 Speaker 1: nine incident, asking the little girl sex questions on the phone. 317 00:21:08,160 --> 00:21:11,960 Speaker 1: It's the perfect storm. He gets out. Three weeks later, 318 00:21:12,440 --> 00:21:17,400 Speaker 1: he's there at the family dollar Cherishes. Their cherish mom 319 00:21:17,520 --> 00:21:21,240 Speaker 1: has her on her own with her other children. Uh, 320 00:21:21,440 --> 00:21:24,879 Speaker 1: cherish mom and dad have been in a lifetime of 321 00:21:25,119 --> 00:21:29,160 Speaker 1: custody battle over the girl. They're fighting, and so when 322 00:21:29,200 --> 00:21:32,800 Speaker 1: the cops get the nine one one call, they go, oh, 323 00:21:32,880 --> 00:21:36,159 Speaker 1: this is just some custody bs. This has something to 324 00:21:36,200 --> 00:21:40,160 Speaker 1: do with the custody battle. I mean nothing Ashley Wilcot 325 00:21:40,200 --> 00:21:42,480 Speaker 1: could have been further from the truth. No, Nancy, and 326 00:21:42,520 --> 00:21:44,840 Speaker 1: not only that, you know what happens when we assume 327 00:21:44,920 --> 00:21:47,080 Speaker 1: any of us, what's that due to us? They should 328 00:21:47,119 --> 00:21:50,520 Speaker 1: never have made that assumption. And it's it's amazing. I 329 00:21:50,560 --> 00:21:53,359 Speaker 1: see this time and time again with people not reporting 330 00:21:53,640 --> 00:21:56,560 Speaker 1: to de facts or law enforcement. When you see a 331 00:21:56,680 --> 00:21:59,680 Speaker 1: mother like you said, running through the store, things are 332 00:22:00,160 --> 00:22:04,119 Speaker 1: my child's missing, somebody's taken my child. People have got 333 00:22:04,160 --> 00:22:08,920 Speaker 1: to pay attention and take basic responsibility. Report it, call 334 00:22:09,000 --> 00:22:12,560 Speaker 1: it in. Police don't get to have the discretion to say, oh, 335 00:22:12,640 --> 00:22:15,520 Speaker 1: it's a missing child or own abducted child. If a 336 00:22:15,600 --> 00:22:20,040 Speaker 1: mother says someone has taken my child, that's an abduction. 337 00:22:20,200 --> 00:22:23,639 Speaker 1: Treated accordingly. Take a Lissa to a prosecutor state in 338 00:22:23,680 --> 00:22:31,400 Speaker 1: their opening statement, it was eight years old. She snus 339 00:22:33,200 --> 00:22:41,200 Speaker 1: separated on a mother, her sisters, from all the last 340 00:22:41,280 --> 00:22:50,840 Speaker 1: petrifying house of her life. With him, he got her great, 341 00:22:50,960 --> 00:23:02,280 Speaker 1: He signized her and then sh h. He gagged her 342 00:23:02,320 --> 00:23:09,040 Speaker 1: with such force her guns and her nostrils led. He 343 00:23:09,200 --> 00:23:17,200 Speaker 1: strangled her with such force her eyeballs. Lad M Cherish 344 00:23:17,240 --> 00:23:20,600 Speaker 1: did not die quickly, and she did not die easily, 345 00:23:22,080 --> 00:23:28,359 Speaker 1: and backed her as a brutal and torture death. And 346 00:23:28,520 --> 00:23:32,359 Speaker 1: after he killed her, he pulled her little lifeless body 347 00:23:32,640 --> 00:23:36,919 Speaker 1: through the woods, pushed it under the water, forced it 348 00:23:37,040 --> 00:23:42,040 Speaker 1: under a tree, and took asphalt ricks and debrief and 349 00:23:42,160 --> 00:23:49,280 Speaker 1: waited her down because he planned for no one to 350 00:23:49,359 --> 00:23:54,080 Speaker 1: find her. But as things did not go according to 351 00:23:54,160 --> 00:23:59,760 Speaker 1: this planets he was caught. She was done, and that 352 00:24:00,040 --> 00:24:05,159 Speaker 1: about time to see and I'm like enough time to 353 00:24:05,359 --> 00:24:14,119 Speaker 1: collect and gather the primity evidence of this evidence on 354 00:24:14,280 --> 00:24:17,520 Speaker 1: her body and in her body that would tell us. 355 00:24:18,440 --> 00:24:23,840 Speaker 1: And now I'll tell you, good room, true room of that. 356 00:24:26,600 --> 00:24:30,800 Speaker 1: Let me pause and thank our partner making our podcast 357 00:24:30,840 --> 00:24:35,800 Speaker 1: today and our investigation possible. It's legal Zoom. You know, 358 00:24:35,920 --> 00:24:38,679 Speaker 1: small business is the big hot topic right now, and 359 00:24:38,800 --> 00:24:43,159 Speaker 1: that means National Small Business Month at legal Zoom comes 360 00:24:43,240 --> 00:24:46,160 Speaker 1: at just the right time. Whether you're just starting out 361 00:24:46,280 --> 00:24:49,960 Speaker 1: or you already have a business. 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Check out legal zoom dot com today 375 00:25:48,040 --> 00:25:51,480 Speaker 1: and get special savings if you enter code Nancy in 376 00:25:51,600 --> 00:25:53,840 Speaker 1: a n C Y and the referral box that check 377 00:25:53,880 --> 00:25:59,159 Speaker 1: out legal zoom where a life meets legal legal zoom 378 00:25:59,200 --> 00:26:05,000 Speaker 1: dot com. Thank you for helping business owners and regular 379 00:26:05,040 --> 00:26:08,200 Speaker 1: people like us across the country every day and from 380 00:26:08,240 --> 00:26:12,000 Speaker 1: being our partners. A lot of people are blaming the mother. 381 00:26:12,320 --> 00:26:16,040 Speaker 1: They're saying, you should never have let her walk off 382 00:26:16,080 --> 00:26:18,240 Speaker 1: with a guy, even if you think they're a good 383 00:26:18,280 --> 00:26:23,280 Speaker 1: samaritan that you don't know, um you know out to you. 384 00:26:24,040 --> 00:26:27,440 Speaker 1: Cheryl McCullum blameing the mom. Yeah, I don't think I 385 00:26:27,480 --> 00:26:29,879 Speaker 1: would let my child go with somebody. I just meant, 386 00:26:29,960 --> 00:26:32,920 Speaker 1: I mean, I know I wouldn't. But blaming the mom 387 00:26:33,560 --> 00:26:37,080 Speaker 1: is not the answer. The mom did not murder her child. 388 00:26:37,280 --> 00:26:42,280 Speaker 1: Cheryl Mom is absolutely the wrong. There's only one person 389 00:26:43,200 --> 00:26:46,679 Speaker 1: it is responsible for what happens to Cherish, and that 390 00:26:46,800 --> 00:26:49,240 Speaker 1: is the man on trial, Mr Smith. Nace, I'm gonna 391 00:26:49,240 --> 00:26:51,160 Speaker 1: tay something else. You and I say it all the time. 392 00:26:52,160 --> 00:26:54,560 Speaker 1: A lot of times. The person that ends up hurting 393 00:26:54,600 --> 00:26:58,480 Speaker 1: your child is somebody already in your house. People that 394 00:26:58,640 --> 00:27:01,040 Speaker 1: make their mind up if they're going to hurt a 395 00:27:01,119 --> 00:27:04,760 Speaker 1: child could date you, could be related to you, could 396 00:27:04,800 --> 00:27:07,040 Speaker 1: live next door to you, or like this person to 397 00:27:07,119 --> 00:27:12,600 Speaker 1: be a complete stranger. It's not the family's fault. It's 398 00:27:12,640 --> 00:27:16,240 Speaker 1: not Cherish your fault. It's not her mama's thought. It's 399 00:27:16,320 --> 00:27:19,840 Speaker 1: Mr Smith's fault. Take a listen to Cherish his mother. 400 00:27:20,640 --> 00:27:24,400 Speaker 1: This is heartbreaking on the stand man, Why did you 401 00:27:24,560 --> 00:27:29,800 Speaker 1: feel okay to let the cherish walk to McDonald's would 402 00:27:29,800 --> 00:27:34,080 Speaker 1: be defended. If he would have asked me if he 403 00:27:34,119 --> 00:27:37,400 Speaker 1: could take her, I would have said no. But because 404 00:27:37,920 --> 00:27:42,359 Speaker 1: McDonald's is inside Walmart with people around, I I knew 405 00:27:42,400 --> 00:27:47,880 Speaker 1: she would never leave leave my side. Well, you've seen 406 00:27:47,880 --> 00:27:53,639 Speaker 1: the photograph photographs and States exhibit here. Did you know 407 00:27:53,800 --> 00:27:57,320 Speaker 1: and believe that there were surveanless cameras in the Walmart? Yes? 408 00:27:57,440 --> 00:28:03,600 Speaker 1: I did you knew that McDonald's was in the Walmart? Right? Yes? 409 00:28:05,160 --> 00:28:07,480 Speaker 1: Did you feel that if Cherish went to the McDonald's 410 00:28:07,520 --> 00:28:10,400 Speaker 1: with him inside the Walmart that she didn't be said? 411 00:28:14,440 --> 00:28:17,359 Speaker 1: Had you known that they were going to leave the store? 412 00:28:17,400 --> 00:28:20,200 Speaker 1: Would you have left Cherished lead the store with the defendant? 413 00:28:22,080 --> 00:28:26,240 Speaker 1: Did he ever ask you can Cherish come, we need 414 00:28:26,280 --> 00:28:34,240 Speaker 1: to leave the store? Blue? Would you have ever let 415 00:28:34,240 --> 00:28:37,720 Speaker 1: your child leave the store and leave the Walmart with 416 00:28:37,840 --> 00:28:43,920 Speaker 1: this defendi? No? You thought they were just going to 417 00:28:43,920 --> 00:28:52,600 Speaker 1: get che burgers after they walk off? What do you do? 418 00:28:54,920 --> 00:28:57,640 Speaker 1: I went to the shoe section because my five year 419 00:28:57,680 --> 00:29:03,440 Speaker 1: old Destiny wanted a pair of she use a bigger size. 420 00:29:04,880 --> 00:29:07,560 Speaker 1: Did you continue to shop for the girls and look 421 00:29:07,600 --> 00:29:09,800 Speaker 1: at clothes and things of that nature. I was just 422 00:29:09,800 --> 00:29:14,040 Speaker 1: looking at the shoes and then I started to walk 423 00:29:14,120 --> 00:29:17,040 Speaker 1: to the front of the store. Had you heard an 424 00:29:17,040 --> 00:29:21,520 Speaker 1: announcement about the store would be closed? Yes? And what 425 00:29:21,640 --> 00:29:25,840 Speaker 1: time was the Walmart actual clothing closing at eleven o'clock? 426 00:29:29,720 --> 00:29:32,360 Speaker 1: So did you gather up your kids and take your 427 00:29:32,400 --> 00:29:34,320 Speaker 1: purchases of the items that you were looking to purchase 428 00:29:34,400 --> 00:29:39,920 Speaker 1: and go towards the front. Did you see Cherish anywhere 429 00:29:39,920 --> 00:29:45,640 Speaker 1: in the store. Oh did you see the defendant, Donald Smith? 430 00:29:45,800 --> 00:29:53,760 Speaker 1: Anywhere in the store? Did you look for Yes? What 431 00:29:53,840 --> 00:30:00,200 Speaker 1: did you do to look for? I quickened my pace, said, 432 00:30:00,240 --> 00:30:06,000 Speaker 1: I looked through every I'll let the register. There was 433 00:30:06,080 --> 00:30:13,360 Speaker 1: no one there. Could you find Cherry? How did that 434 00:30:13,440 --> 00:30:21,480 Speaker 1: make you feel? They started a panic? Did you look 435 00:30:21,480 --> 00:30:22,960 Speaker 1: at the Walmart to see if they were at the 436 00:30:22,960 --> 00:30:27,920 Speaker 1: war They weren't there. What about the McDonald's at the 437 00:30:27,920 --> 00:30:33,720 Speaker 1: front of the store, the McDonald's. Were they at McDonald's? 438 00:30:37,120 --> 00:30:42,800 Speaker 1: Did your panic start to become worse? Kiss? Could you 439 00:30:42,840 --> 00:30:47,720 Speaker 1: find your daughter and this defendant anywhere in that store? Look? 440 00:30:53,160 --> 00:30:55,400 Speaker 1: At some point did you seek help from the Walmart 441 00:30:55,440 --> 00:30:59,680 Speaker 1: employees and try to call the pools? Yes? I was 442 00:30:59,760 --> 00:31:02,040 Speaker 1: yell at calm my one one. My daughter has been 443 00:31:02,080 --> 00:31:06,040 Speaker 1: taken to no one with it. The Lord would help me. Now, 444 00:31:06,200 --> 00:31:09,920 Speaker 1: this is a real twist of justice, Thank you, Mr Smith. 445 00:31:10,000 --> 00:31:13,040 Speaker 1: Earlier your attorneys had indicated that they may want to 446 00:31:13,120 --> 00:31:15,760 Speaker 1: have some discussion with the court and then have some 447 00:31:15,800 --> 00:31:19,480 Speaker 1: cross examination of this witness. But you're attorneys told me 448 00:31:19,520 --> 00:31:21,280 Speaker 1: now that you wish for them not to do any 449 00:31:21,280 --> 00:31:25,120 Speaker 1: cross examination of this witness. Is that correct? Do you 450 00:31:25,200 --> 00:31:27,800 Speaker 1: understand there will not be another opportunity for them to 451 00:31:27,840 --> 00:31:31,800 Speaker 1: cross examine her. Do you understand that? Um? And you 452 00:31:31,840 --> 00:31:34,479 Speaker 1: understand of course, as I've told the jury, you're not 453 00:31:35,040 --> 00:31:37,080 Speaker 1: you and your attorneys you're not required to do anything. 454 00:31:37,120 --> 00:31:39,800 Speaker 1: You're not required to cross examine any witness. Do you 455 00:31:39,880 --> 00:31:50,680 Speaker 1: understand that? And that's clearly how you wish to proceed. Okay, okay, 456 00:31:50,680 --> 00:31:53,720 Speaker 1: So you don't want any cross examination. And it's clear 457 00:31:53,720 --> 00:31:55,880 Speaker 1: on the record your age or your sixty one? Is 458 00:31:55,880 --> 00:31:59,360 Speaker 1: that correct? Um, we've gone over this before. You've got 459 00:31:59,360 --> 00:32:02,160 Speaker 1: to work history, you've got in the education history, you've 460 00:32:02,240 --> 00:32:04,840 Speaker 1: understood everything that's going on in the courtroom before making 461 00:32:04,880 --> 00:32:08,160 Speaker 1: this decision. Correct. Alright. I do find that Mr Smith 462 00:32:08,240 --> 00:32:12,200 Speaker 1: is really involuntarily advised his counsel that he was just 463 00:32:12,240 --> 00:32:16,200 Speaker 1: no cross examination of this witness. To mark class, the 464 00:32:16,280 --> 00:32:20,320 Speaker 1: defense is saying, oh, we did not cross exam and cheers. 465 00:32:20,360 --> 00:32:25,000 Speaker 1: She's mother because she was so upset. That is b s. 466 00:32:25,400 --> 00:32:28,640 Speaker 1: They wanted her off to stand as quickly as they 467 00:32:28,680 --> 00:32:31,560 Speaker 1: could get her off the stand because the jury started 468 00:32:31,640 --> 00:32:35,080 Speaker 1: crying and getting upset listening to her. Now they're trying 469 00:32:35,080 --> 00:32:37,840 Speaker 1: to act like they're the good guy in this scenario. No, 470 00:32:38,240 --> 00:32:41,400 Speaker 1: that is b s Mark class. Well, yeah, and I 471 00:32:41,440 --> 00:32:44,320 Speaker 1: think to give a little perspective in a little context 472 00:32:44,320 --> 00:32:47,120 Speaker 1: of this, this woman is as bad as a mistake 473 00:32:47,160 --> 00:32:50,440 Speaker 1: that she made and there's nobody that questions at it all. Um, 474 00:32:50,720 --> 00:32:54,080 Speaker 1: she's now living out a life sentence. She'll never spend 475 00:32:54,120 --> 00:32:56,720 Speaker 1: another day when she doesn't realize what happened and the 476 00:32:56,800 --> 00:32:59,800 Speaker 1: mistakes that she made. And certainly this is not something 477 00:32:59,840 --> 00:33:04,240 Speaker 1: that this poor woman who has struggled for so long deserves. 478 00:33:04,720 --> 00:33:07,360 Speaker 1: This has to go back on the perpetrator. It has 479 00:33:07,400 --> 00:33:10,520 Speaker 1: to go back on a system that allowed him to 480 00:33:10,920 --> 00:33:15,680 Speaker 1: uh to regurgitate and commit and commit and commit to 481 00:33:15,720 --> 00:33:17,640 Speaker 1: the point that a little girl is dead. You know, 482 00:33:17,760 --> 00:33:22,440 Speaker 1: according to bystanders, they say nobody noticed. It looked like 483 00:33:22,480 --> 00:33:25,720 Speaker 1: a grandfather and a granddaughter. And that is what the 484 00:33:25,840 --> 00:33:29,160 Speaker 1: lawyer trying the case said as well. And if you 485 00:33:29,240 --> 00:33:32,920 Speaker 1: look at it, it does look like that no one 486 00:33:33,080 --> 00:33:38,800 Speaker 1: had any reason to suspect anything was wrong. To Ashley Wilcott, 487 00:33:38,960 --> 00:33:45,920 Speaker 1: joining me, veteran trial lawyer and child advocate, what was 488 00:33:45,960 --> 00:33:51,440 Speaker 1: the condition of cherishes body when it was found faces 489 00:33:51,520 --> 00:33:57,280 Speaker 1: down in murky mud and water? Explain? Oh, it was 490 00:33:57,360 --> 00:34:01,640 Speaker 1: horrible and so when the police did by her, um 491 00:34:01,760 --> 00:34:05,360 Speaker 1: she'd been hit in the head, she'd been raped. And 492 00:34:05,440 --> 00:34:08,880 Speaker 1: here's the part that gets to me. She was wearing 493 00:34:09,120 --> 00:34:11,839 Speaker 1: a top with fruit on it. So you can really 494 00:34:12,000 --> 00:34:17,240 Speaker 1: envision this young, vulnerable eight year old in the mud 495 00:34:17,719 --> 00:34:20,840 Speaker 1: in the water. He's wet up to his waist, so 496 00:34:20,880 --> 00:34:23,560 Speaker 1: you can only imagine what he did to her in 497 00:34:23,640 --> 00:34:32,200 Speaker 1: the water, beaten, bruised, knocked in head awful conditions. I 498 00:34:32,280 --> 00:34:37,960 Speaker 1: have reviewed hundreds of pages of documents and photos in 499 00:34:37,960 --> 00:34:44,760 Speaker 1: this case, personally reviewed them. When Cherishes body was found. 500 00:34:45,600 --> 00:34:50,680 Speaker 1: It's it's nauseating, it's sickening. That June day her body 501 00:34:50,800 --> 00:34:59,760 Speaker 1: was found. These photos so upsetting her cherish little body 502 00:34:59,840 --> 00:35:02,759 Speaker 1: was found in a tidal creek of the Trout River 503 00:35:03,080 --> 00:35:07,160 Speaker 1: out behind the Highlands Baptist Church. The little girl's partially 504 00:35:07,200 --> 00:35:11,880 Speaker 1: clothed body was faced down in about six inches of water, 505 00:35:12,520 --> 00:35:16,239 Speaker 1: muddy water in a tidal creek and stuffed underneath a 506 00:35:16,360 --> 00:35:25,279 Speaker 1: log and weighted down by asphalt chunks. That's how her 507 00:35:25,280 --> 00:35:30,200 Speaker 1: body was found. His van was stopped on Interstate about 508 00:35:30,200 --> 00:35:33,120 Speaker 1: the same time that morning, and as Astley just said, 509 00:35:33,360 --> 00:35:37,640 Speaker 1: he was still soaking wet, had mud on his shoes, 510 00:35:38,360 --> 00:35:43,480 Speaker 1: covered and scratches. He said he didn't know, CHERI should 511 00:35:43,480 --> 00:35:50,080 Speaker 1: have been doing drugs all night. I mean he told 512 00:35:50,120 --> 00:35:53,880 Speaker 1: his mom he was going out to my alcoholics anonymous meeting. 513 00:35:54,200 --> 00:36:04,160 Speaker 1: According to the mother, his mother, Cherish, the girl was raped, strangled, 514 00:36:04,880 --> 00:36:09,480 Speaker 1: blunt forced trauma to her head and face. I remember 515 00:36:09,520 --> 00:36:13,760 Speaker 1: looking at the crime scene photos and there was blood. 516 00:36:13,840 --> 00:36:17,319 Speaker 1: It looked like blood, and the back area of the 517 00:36:17,400 --> 00:36:22,080 Speaker 1: carpeted area in the back of the van it's and 518 00:36:22,080 --> 00:36:27,920 Speaker 1: when I look at it, it just it just overwhelms me. 519 00:36:28,040 --> 00:36:31,560 Speaker 1: Cheryl McCullum. Probably his intention putting her body in the 520 00:36:31,560 --> 00:36:35,040 Speaker 1: water was hoping it would wash away some of the 521 00:36:35,120 --> 00:36:39,600 Speaker 1: evidence as to who did it. DNA was on her body, 522 00:36:40,320 --> 00:36:43,319 Speaker 1: and the likelihood that it came from anybody other than 523 00:36:43,400 --> 00:36:51,680 Speaker 1: him is thirty five quintillion to one. Cheryl McCollum, it's him. 524 00:36:51,719 --> 00:36:55,400 Speaker 1: It's him, and his DNA was found on multiple places 525 00:36:55,520 --> 00:36:58,680 Speaker 1: on her body. And Nancy remember a few days before 526 00:36:58,719 --> 00:37:01,759 Speaker 1: this event happened, he took the back seat out of 527 00:37:01,800 --> 00:37:06,279 Speaker 1: his van. This was planned. He was hunting for a 528 00:37:06,400 --> 00:37:09,960 Speaker 1: victim period and if it had not been Cherished, it 529 00:37:09,960 --> 00:37:12,520 Speaker 1: would have been somebody else. And that is what we 530 00:37:12,600 --> 00:37:16,960 Speaker 1: have got to recognize and wake up to. As you know, Nacy. 531 00:37:17,760 --> 00:37:20,120 Speaker 1: In the state of Georgia, we used to have the 532 00:37:20,160 --> 00:37:24,239 Speaker 1: Department of Rehabilitation. We don't call it that anymore. We 533 00:37:24,360 --> 00:37:27,600 Speaker 1: call it the Department of Corrections because rehabilitation doesn't work. 534 00:37:28,600 --> 00:37:32,120 Speaker 1: There is no counseling you can do. There's no punishment 535 00:37:32,200 --> 00:37:36,640 Speaker 1: you can give to make these people stopped. The only 536 00:37:36,719 --> 00:37:40,319 Speaker 1: thing that makes them stop is prison or death. You know, 537 00:37:40,560 --> 00:37:44,440 Speaker 1: to Karen Smith, forensics expert, what do you make of 538 00:37:44,480 --> 00:37:46,880 Speaker 1: all the forensics? What do you know of them? I 539 00:37:46,920 --> 00:37:51,480 Speaker 1: know that the crimesting investigators went and and the processed 540 00:37:52,120 --> 00:37:55,200 Speaker 1: Donald Smith's van, and they found a lot of evidence 541 00:37:55,200 --> 00:37:57,239 Speaker 1: in the back. There were a couple of markers that 542 00:37:57,960 --> 00:38:00,400 Speaker 1: indicated some hairs were found back there are like the 543 00:38:00,400 --> 00:38:04,319 Speaker 1: blood that you mentioned earlier. UM. In addition, when they 544 00:38:04,360 --> 00:38:08,200 Speaker 1: went to the scene where she was dumped behind the church, 545 00:38:09,080 --> 00:38:12,560 Speaker 1: I should say that location is less than two miles 546 00:38:12,560 --> 00:38:15,839 Speaker 1: from the walmart where she was abducted. UM. So that's 547 00:38:15,880 --> 00:38:18,400 Speaker 1: forty minutes ban where she was running around the walmart 548 00:38:18,440 --> 00:38:21,560 Speaker 1: screaming call nine one one. UM. I would hate to 549 00:38:21,600 --> 00:38:23,080 Speaker 1: say that it would be too late, but he had 550 00:38:23,120 --> 00:38:26,320 Speaker 1: already taken her less than two miles away to the church. 551 00:38:27,160 --> 00:38:31,440 Speaker 1: When they got their canine officer located the body based 552 00:38:31,440 --> 00:38:34,640 Speaker 1: on a tip that they received from neighbors who saw 553 00:38:34,680 --> 00:38:38,000 Speaker 1: a white band park there overnight. And when they found 554 00:38:38,000 --> 00:38:42,000 Speaker 1: the body, the crimestne investigators went and they swabbed all 555 00:38:42,080 --> 00:38:44,400 Speaker 1: kinds of areas of her body, regardless of whether or 556 00:38:44,440 --> 00:38:47,880 Speaker 1: not she was in water. Um they took every precaution 557 00:38:47,960 --> 00:38:52,399 Speaker 1: and and swabbed numerous areas the DNA anal escape testimonies, 558 00:38:52,480 --> 00:38:54,800 Speaker 1: and that's when she came up with the statistical evidence 559 00:38:54,800 --> 00:38:58,080 Speaker 1: of thirty five quintillion to one. The other was twelve 560 00:38:58,239 --> 00:39:02,040 Speaker 1: quadrillions to one. So we're talking to the exclusion of 561 00:39:02,080 --> 00:39:04,759 Speaker 1: every other person on the planet. And mentem guys, we 562 00:39:04,800 --> 00:39:07,720 Speaker 1: are talking about the horrific case of a little girl 563 00:39:08,280 --> 00:39:12,080 Speaker 1: being lured out of a Walmart superstore in Florida to 564 00:39:12,239 --> 00:39:19,200 Speaker 1: meet her horrific assault and murder. The perpetrator somehow trying 565 00:39:19,239 --> 00:39:22,600 Speaker 1: to twist the facts to blame the mother, the mother 566 00:39:22,760 --> 00:39:26,440 Speaker 1: in this scenario. But when you look at this guy 567 00:39:26,560 --> 00:39:29,560 Speaker 1: in court, he looks so meek and my all, like 568 00:39:29,920 --> 00:39:35,239 Speaker 1: maybe an English professor or somebody's grandfather. But catch this 569 00:39:36,200 --> 00:39:41,279 Speaker 1: unbeknownst to defense attorneys and jail inmates alike. There were 570 00:39:41,320 --> 00:39:48,640 Speaker 1: taping devices inside that Florida jail house. Take a listen 571 00:39:48,719 --> 00:39:50,719 Speaker 1: to what we have learned. We got our mits on 572 00:39:50,760 --> 00:39:56,520 Speaker 1: those tapes. Here this guy talking behind bars, and let 573 00:39:56,520 --> 00:40:00,280 Speaker 1: me tell you this is not for the week. Need 574 00:40:01,120 --> 00:40:18,440 Speaker 1: listen here, y'all, here, y'all, mann, y'all. Twelve forty as 575 00:40:19,239 --> 00:40:26,040 Speaker 1: that as the second voice that's on that recording. Is 576 00:40:26,120 --> 00:40:29,080 Speaker 1: that the voice of Donald Smith? Yes, sir, the person 577 00:40:29,120 --> 00:40:39,280 Speaker 1: who said they're about twelve, Yes, sir, Yeah, he should 578 00:40:42,040 --> 00:40:55,799 Speaker 1: yeah right here at my card hearing right there when 579 00:40:55,840 --> 00:41:01,439 Speaker 1: I do you have one car? The person who said 580 00:41:02,920 --> 00:41:05,560 Speaker 1: that's my target area, that's what I go after. Whose 581 00:41:05,640 --> 00:41:20,919 Speaker 1: voice is that? The defendants? He shouldn't yeah, right out 582 00:41:21,080 --> 00:41:30,399 Speaker 1: right here my card area right here. What are you doing? 583 00:41:30,680 --> 00:41:51,359 Speaker 1: Are you you see her? Yea clean fair Yeah, her 584 00:41:51,760 --> 00:41:56,960 Speaker 1: arm officer car. The voice that just said I'd like 585 00:41:57,040 --> 00:41:59,800 Speaker 1: to run into her at walmart? Is that the voice 586 00:41:59,800 --> 00:42:06,880 Speaker 1: of the yes that was secretly recorded sound inside the 587 00:42:07,000 --> 00:42:12,040 Speaker 1: jail behind jail house walls of this perp that murdered 588 00:42:12,440 --> 00:42:17,080 Speaker 1: cherished periodical on trial right now, allegedly murdered her talking 589 00:42:17,160 --> 00:42:20,959 Speaker 1: about the bodies of twelve and thirteen year old little 590 00:42:21,000 --> 00:42:25,240 Speaker 1: girl talking so obsessed with little girls. He was talking 591 00:42:25,280 --> 00:42:28,840 Speaker 1: through the toilet in the jail to another inmate. So 592 00:42:29,160 --> 00:42:31,040 Speaker 1: if he couldn't get his hands on a little girls, 593 00:42:31,239 --> 00:42:34,560 Speaker 1: he just wanted to talk about them and fantasize about them. 594 00:42:35,280 --> 00:42:41,760 Speaker 1: And it turns out he was being recorded Mark Class God, Nancy, 595 00:42:42,120 --> 00:42:45,520 Speaker 1: you know it takes me back. Um. One of the 596 00:42:45,600 --> 00:42:50,799 Speaker 1: things that Pauli's killer told a psychiatrist during an evaluation 597 00:42:50,920 --> 00:42:57,520 Speaker 1: back in is that he sits in prison and thinks 598 00:42:57,560 --> 00:43:03,120 Speaker 1: about past victims and masturbates at least twice daily. Well, 599 00:43:03,200 --> 00:43:05,399 Speaker 1: this is a crime that will never end. As long 600 00:43:05,480 --> 00:43:08,640 Speaker 1: as this guy is alive. He's going to be fantasizing 601 00:43:08,920 --> 00:43:12,160 Speaker 1: about Cherish, He's going to be acting out about Cherish 602 00:43:12,480 --> 00:43:15,680 Speaker 1: and there's absolutely nothing we can do except make sure 603 00:43:15,760 --> 00:43:18,680 Speaker 1: that he stays behind bars. And that's what these guys do. 604 00:43:18,800 --> 00:43:21,440 Speaker 1: It's all about the fantasy. Once the crime is committed, 605 00:43:22,400 --> 00:43:27,000 Speaker 1: these victims are being victimized for the rest of their waters. 606 00:43:27,840 --> 00:43:31,640 Speaker 1: In the last hours, we are on trial Watch. We 607 00:43:31,760 --> 00:43:35,959 Speaker 1: are bringing you live streaming of the case on crime 608 00:43:36,080 --> 00:43:42,520 Speaker 1: online dot Com. We pray for justice, child and Ashley. 609 00:43:42,560 --> 00:43:45,400 Speaker 1: I'm just I'm sick to my stomach, Nancy. The verdict 610 00:43:45,480 --> 00:43:48,399 Speaker 1: came back and in this case, I think justice has 611 00:43:48,440 --> 00:43:52,279 Speaker 1: well been served. Within fifteen minutes, the jury came back 612 00:43:52,360 --> 00:43:57,960 Speaker 1: and it convicted him on all counts for first degree murder, kidnapping, 613 00:43:58,120 --> 00:44:00,880 Speaker 1: and sexual battery of a child under age of twelve. 614 00:44:01,280 --> 00:44:04,960 Speaker 1: So I think we can all agree justice has been served. Actually, Nancy, 615 00:44:05,120 --> 00:44:09,719 Speaker 1: let's listen to the reading of the verdict. James very 616 00:44:09,880 --> 00:44:14,440 Speaker 1: counting been a guilty in first agreemer as charge of 617 00:44:14,520 --> 00:44:19,399 Speaker 1: the evictor. Read further find fans pre meditated brother found 618 00:44:19,400 --> 00:44:22,840 Speaker 1: a killion sent during the commission to commission are they 619 00:44:22,920 --> 00:44:29,720 Speaker 1: selling a cannappy sexual battery park to three quart kidnapping 620 00:44:29,800 --> 00:44:33,160 Speaker 1: as charge in the indictment, we findal Na was on 621 00:44:33,280 --> 00:44:35,320 Speaker 1: the thirteen years page at the time of the offense. 622 00:44:36,080 --> 00:44:38,560 Speaker 1: We might the defending can sexual battery on the dati 623 00:44:38,719 --> 00:44:44,480 Speaker 1: during the comission of the US verdict Count three new 624 00:44:44,560 --> 00:44:47,239 Speaker 1: jury find defending guilty of sexual battery from the first 625 00:44:47,400 --> 00:44:51,160 Speaker 1: lessons well day as person the investment. So same, y'all 626 00:44:51,200 --> 00:44:57,920 Speaker 1: known the Jackson Waking Florida find A four versus February fourteen. Okay, 627 00:44:58,000 --> 00:45:00,279 Speaker 1: thank you, madam Clark to see the part I wish 628 00:45:00,320 --> 00:45:03,319 Speaker 1: to have the cherry called Madame Clark, if you would 629 00:45:03,320 --> 00:45:05,840 Speaker 1: fall the cherry please, She's gonna ask each one of 630 00:45:05,920 --> 00:45:07,880 Speaker 1: you is this Chary Barbeck. She will ask you in 631 00:45:07,920 --> 00:45:18,560 Speaker 1: the order during number seven party journal Yeah, jurnmer yes 632 00:45:19,320 --> 00:45:32,600 Speaker 1: during during eighteen is your true yes during jumber Yes 633 00:45:33,520 --> 00:45:47,200 Speaker 1: during three yes, journey during number pride yes. Jur number 634 00:45:47,239 --> 00:45:54,600 Speaker 1: sixty two is yes number. So let's talk about the fact. First, 635 00:45:54,680 --> 00:45:57,400 Speaker 1: the defense did not present any witnesses. So keep in 636 00:45:57,520 --> 00:46:01,080 Speaker 1: mind that when they cross examine the state witnesses for 637 00:46:01,160 --> 00:46:05,280 Speaker 1: the prosecution, that is a type of evidence there there presenting. 638 00:46:05,480 --> 00:46:10,400 Speaker 1: But typically when a defense does not present evidence and 639 00:46:10,960 --> 00:46:15,280 Speaker 1: waves closing, it's because they believe that evidence has already 640 00:46:15,320 --> 00:46:18,480 Speaker 1: been presented by the prosecution. What I mean by that 641 00:46:18,960 --> 00:46:23,279 Speaker 1: is if they think that jurors have already made up 642 00:46:23,760 --> 00:46:28,560 Speaker 1: their minds and have already found for the prosecution, they 643 00:46:28,600 --> 00:46:30,520 Speaker 1: don't want to get up there and present evidence and 644 00:46:30,640 --> 00:46:35,279 Speaker 1: make closing because that may solidify those jurors they think 645 00:46:35,360 --> 00:46:38,120 Speaker 1: have already made the decision to convict, and so it's 646 00:46:38,120 --> 00:46:41,719 Speaker 1: a safer bet to sit back and remain silent and 647 00:46:41,920 --> 00:46:45,520 Speaker 1: hope that maybe at least one juror is on their side, 648 00:46:45,840 --> 00:46:49,840 Speaker 1: and actually the sentencing phase starts very soon on Tuesday. 649 00:46:50,000 --> 00:46:53,200 Speaker 1: For Donald Smith, let's listen to the judges instructions to 650 00:46:53,280 --> 00:46:56,400 Speaker 1: the jurory gonna start on Tuesday. I need to let 651 00:46:56,440 --> 00:46:58,359 Speaker 1: you know ahead of time that we may be here 652 00:46:58,400 --> 00:47:01,279 Speaker 1: a little bit later on Tuesday A because some of 653 00:47:01,320 --> 00:47:04,800 Speaker 1: the witnesses have to travel and based on their schedules, 654 00:47:04,880 --> 00:47:08,160 Speaker 1: we need to get them um in and out on 655 00:47:08,320 --> 00:47:10,279 Speaker 1: that day. So I would ask you to plan to 656 00:47:10,360 --> 00:47:12,759 Speaker 1: be here a little bit later on Tuesday than you 657 00:47:12,880 --> 00:47:15,880 Speaker 1: have been this week. And I would ask you if 658 00:47:15,920 --> 00:47:18,640 Speaker 1: you could to be here um at a quarter of 659 00:47:18,760 --> 00:47:21,960 Speaker 1: nine so that we can start at nine o'clock. You 660 00:47:22,040 --> 00:47:25,920 Speaker 1: cannot discuss the case still among yourselves or with anyone else, 661 00:47:26,120 --> 00:47:31,680 Speaker 1: and you cannot discuss their deliberations with them at this point. 662 00:47:31,760 --> 00:47:35,160 Speaker 1: The trial is still continuing. Um. All sixteen of you 663 00:47:35,280 --> 00:47:38,160 Speaker 1: will be back or need to be back, on Tuesday morning. 664 00:47:38,880 --> 00:47:42,799 Speaker 1: And all sixteen of you are excused now with our 665 00:47:42,920 --> 00:47:45,680 Speaker 1: thanks for your patients in your time this week, and 666 00:47:45,760 --> 00:47:48,880 Speaker 1: we'll see you Tuesday morning at nine. So remember this 667 00:47:49,080 --> 00:47:51,719 Speaker 1: is the state of Florida, and so death penalty is 668 00:47:51,800 --> 00:47:55,480 Speaker 1: a is a possible sentence for this particular defendant. And 669 00:47:55,560 --> 00:47:58,560 Speaker 1: we'll look forward to Tuesday when the sentence thing will 670 00:47:58,600 --> 00:48:00,880 Speaker 1: follow and we will see what there are not he 671 00:48:01,080 --> 00:48:05,800 Speaker 1: actually receives the death penalty for these heinous crimes. Three minutes. 672 00:48:09,600 --> 00:48:15,279 Speaker 1: That's how long, dr round how long he said, that's 673 00:48:15,360 --> 00:48:24,760 Speaker 1: how long it took, at a minimum, to while she's fought, 674 00:48:27,120 --> 00:48:33,040 Speaker 1: while she lay well, every last roue left the mine. 675 00:48:42,360 --> 00:48:46,000 Speaker 1: He scienced her, and he took her in. Dun't do that. 676 00:48:50,160 --> 00:48:53,080 Speaker 1: That is not for mening. I don't know what it is. 677 00:49:00,280 --> 00:49:04,520 Speaker 1: Back in jury selection, one of your fellow jurors comminented, 678 00:49:05,800 --> 00:49:10,520 Speaker 1: cherished did not have a voice in this court. Respectfully, 679 00:49:10,560 --> 00:49:19,360 Speaker 1: I'm disabler even in death, for the irrefutable physical evidence 680 00:49:21,280 --> 00:49:28,680 Speaker 1: that was left behind, the injuries to her body, the 681 00:49:28,800 --> 00:49:34,879 Speaker 1: biological evidence that he left on her and inside of her. 682 00:49:38,400 --> 00:49:45,440 Speaker 1: Through that, and she has a voice and from the 683 00:49:45,600 --> 00:49:56,240 Speaker 1: race she was crying out to you, h Donald Smith 684 00:49:58,040 --> 00:50:30,760 Speaker 1: rank me M. Dond Smith Sis. Donald Smith sprang until 685 00:50:31,280 --> 00:50:37,360 Speaker 1: every last one I left my life. Nancy Grace Crime Story, 686 00:50:37,480 --> 00:50:39,560 Speaker 1: signing off, goodbye friend,