1 00:00:05,880 --> 00:00:17,440 Speaker 1: Crime Stories with Nancy Grace. I guess every three days, 2 00:00:17,840 --> 00:00:20,560 Speaker 1: you know, to be fair, let's just say once a week. 3 00:00:21,520 --> 00:00:26,360 Speaker 1: I am in a Target or a Kroger, or a 4 00:00:26,560 --> 00:00:32,760 Speaker 1: Publics or a Costco or a Walmart with my children 5 00:00:32,880 --> 00:00:36,600 Speaker 1: and it's just me and them. I've been on crowded 6 00:00:36,680 --> 00:00:40,639 Speaker 1: New York streets many many times, in museums, you name it, 7 00:00:41,840 --> 00:00:48,360 Speaker 1: and I'm wondering about that moment when you realize within 8 00:00:48,479 --> 00:00:55,280 Speaker 1: that crowd that you really are alone. Your child is gone. 9 00:00:58,480 --> 00:01:02,800 Speaker 1: That is a story of a little girl named Cherish 10 00:01:03,280 --> 00:01:21,400 Speaker 1: Perrywinkle Crime Stories with Nancy Grace, an eight year old 11 00:01:21,840 --> 00:01:27,680 Speaker 1: little girl. I'm Nancy Grace. This is Crime Stories. Thank 12 00:01:27,760 --> 00:01:32,119 Speaker 1: you for being with us. Cherish Perrywinkle was with her mother, 13 00:01:32,600 --> 00:01:36,440 Speaker 1: and everybody starts a story at Walmart, but that is 14 00:01:36,600 --> 00:01:39,800 Speaker 1: not where the story starts. The story does not start 15 00:01:39,880 --> 00:01:44,360 Speaker 1: in Walmart. The story actually starts in I think it 16 00:01:44,440 --> 00:01:49,000 Speaker 1: was a family Dollar or a Dollar General. And Cherish's 17 00:01:49,080 --> 00:01:54,040 Speaker 1: mom had her there and they were buying some clothes 18 00:01:54,080 --> 00:01:57,240 Speaker 1: for Cherish and her sister. And it's the mom and 19 00:01:57,360 --> 00:02:01,600 Speaker 1: the two girls, and they try to go to check out, 20 00:02:01,640 --> 00:02:05,920 Speaker 1: and the mom doesn't have enough money, and in steps 21 00:02:06,280 --> 00:02:10,320 Speaker 1: a man and he says, oh, man, you're having a problem. 22 00:02:10,360 --> 00:02:13,000 Speaker 1: You know what, let me cover that. And you know 23 00:02:13,000 --> 00:02:15,320 Speaker 1: what else, I'm about to meet my wife up the 24 00:02:15,360 --> 00:02:21,359 Speaker 1: street at Walmart. Bring your girls up there. I've got 25 00:02:21,360 --> 00:02:23,600 Speaker 1: some money. I'm going to buy you guys some clothes. 26 00:02:24,480 --> 00:02:28,960 Speaker 1: So Rain Perrywinkle and her it's three daughters including Cherish, 27 00:02:29,160 --> 00:02:34,679 Speaker 1: get together and they go up to the Walmart. There 28 00:02:34,720 --> 00:02:39,360 Speaker 1: you see a gray haired man looks like an old grandpa, 29 00:02:40,080 --> 00:02:46,040 Speaker 1: Donald Smith inside the walmart and it's a superstore, and 30 00:02:47,520 --> 00:02:50,560 Speaker 1: they're in their shopping and I've looked at the surveillance 31 00:02:50,680 --> 00:02:56,560 Speaker 1: video very very carefully. And the guy says they've been 32 00:02:56,600 --> 00:02:59,239 Speaker 1: shopping for a while and they're waiting on his wife 33 00:02:59,280 --> 00:03:01,960 Speaker 1: to get there. And he goes, hey, you know what, 34 00:03:02,000 --> 00:03:04,120 Speaker 1: I don't want to make your kids await anymore. Let's 35 00:03:04,120 --> 00:03:06,480 Speaker 1: go up front to the McDonald's. Come on, Cherish, let's 36 00:03:06,480 --> 00:03:09,440 Speaker 1: go up there and get some deed. And the mom says, okay, 37 00:03:09,440 --> 00:03:12,399 Speaker 1: I'll be right up there. It's within the same structure, 38 00:03:13,200 --> 00:03:19,080 Speaker 1: it's you know what, eighty feet away, and she never 39 00:03:19,120 --> 00:03:26,079 Speaker 1: sees Cherish again. Cherish is kidnapped, brutally raped, and murdered 40 00:03:26,120 --> 00:03:29,440 Speaker 1: and there's no doubt about that. And her body is 41 00:03:29,480 --> 00:03:36,120 Speaker 1: in submerged halfway down beneath a tree and a swampy muddy. 42 00:03:36,680 --> 00:03:40,880 Speaker 1: All I can say is a ditch. That's what happened 43 00:03:40,880 --> 00:03:45,400 Speaker 1: to Cherish that fast before I go to John Limley 44 00:03:45,400 --> 00:03:49,480 Speaker 1: Crime online dot Com investigative reporter, take a listen to 45 00:03:49,560 --> 00:03:54,080 Speaker 1: Cherish his mother When she calls nine one one one, 46 00:03:54,160 --> 00:04:00,320 Speaker 1: Robinson him that were almost intersting, been taken? What do 47 00:04:00,360 --> 00:04:06,800 Speaker 1: you mean taken by stranger? I get prayinger, Okay, man, 48 00:04:06,840 --> 00:04:11,960 Speaker 1: hold can you say you had the Walmart? Onlim Turner 49 00:04:12,640 --> 00:04:18,360 Speaker 1: saying okay, when where did you last here? At Walmart? 50 00:04:21,240 --> 00:04:23,920 Speaker 1: And made him in today at Dollar General? He saw 51 00:04:23,960 --> 00:04:27,200 Speaker 1: that I was struggling to buy them some clothes. Keep 52 00:04:27,240 --> 00:04:30,240 Speaker 1: her us here to buy us some clothes. And the 53 00:04:30,240 --> 00:04:32,480 Speaker 1: only reason I went with him because she said his 54 00:04:32,600 --> 00:04:35,080 Speaker 1: wife was scared to be here because I told him 55 00:04:35,080 --> 00:04:38,640 Speaker 1: I gon't take rides with strangers. Okay, man, I'm watching 56 00:04:40,000 --> 00:04:43,039 Speaker 1: and her with her last name? Can you start up 57 00:04:43,080 --> 00:04:47,159 Speaker 1: on me please? And it's your white female black female? 58 00:04:47,640 --> 00:04:54,160 Speaker 1: Excuse me? Is she a white or black female? No? 59 00:04:54,320 --> 00:04:57,000 Speaker 1: Remember what close she's wearing because I'm panicking right now 60 00:04:57,000 --> 00:04:59,839 Speaker 1: I'm trying to not pathetic. Okay, yes, she was last 61 00:05:00,160 --> 00:05:03,200 Speaker 1: What this man is He said he was going to 62 00:05:03,240 --> 00:05:07,560 Speaker 1: McDonald's that he hasn't been there. In a stunning development 63 00:05:07,640 --> 00:05:10,800 Speaker 1: in the last hours, the case is back on the 64 00:05:10,880 --> 00:05:13,720 Speaker 1: hot seat. What's the way to jarl Emley Nancy? More 65 00:05:13,800 --> 00:05:18,360 Speaker 1: than eight years after her abduction, rape and murder stunned 66 00:05:18,560 --> 00:05:23,479 Speaker 1: Tallahassee and the entire country, Cherish Periwinkle's killer is getting 67 00:05:23,520 --> 00:05:26,440 Speaker 1: a new hearing in his bid for a new trial. 68 00:05:26,960 --> 00:05:30,279 Speaker 1: Donald Smith is on death row for his crimes, having 69 00:05:30,320 --> 00:05:34,400 Speaker 1: been found guilty in twenty eighteen. The Florida's Supreme Court 70 00:05:34,480 --> 00:05:37,880 Speaker 1: has agreed to hear Smith's appeal this week. For more, 71 00:05:38,080 --> 00:05:42,440 Speaker 1: Let's turn to w JA X TVs. Janice Harris. During 72 00:05:42,480 --> 00:05:46,040 Speaker 1: the trial, doctor Valerie Rau, that then chief medical examiner 73 00:05:46,080 --> 00:05:49,640 Speaker 1: for District four, explained to the jury Perrywinkle's injuries caused 74 00:05:49,640 --> 00:05:53,320 Speaker 1: by Smith details it made the jury and Raoul emotional. 75 00:05:53,839 --> 00:05:57,080 Speaker 1: It's one of three reasons the defense claims Smith should 76 00:05:57,160 --> 00:06:00,360 Speaker 1: get a new trial, claiming bias. Smith's attorney H. K. 77 00:06:00,560 --> 00:06:03,760 Speaker 1: Baddell believes her clients should have been given the proper 78 00:06:03,760 --> 00:06:06,479 Speaker 1: opportunity to move the trial to a different county, and 79 00:06:06,640 --> 00:06:10,039 Speaker 1: there were improper opening and closing statements during the trial. 80 00:06:10,400 --> 00:06:14,839 Speaker 1: Janice Harris there with w JAXTV and again Nancy. The 81 00:06:14,920 --> 00:06:18,960 Speaker 1: Florida's Supreme Court will decide if the reasons Janice mentioned 82 00:06:19,040 --> 00:06:22,080 Speaker 1: are enough proof for a new trial on a case 83 00:06:22,160 --> 00:06:25,840 Speaker 1: that honestly has haunted the lives of many for the 84 00:06:25,920 --> 00:06:29,440 Speaker 1: better part of a decade. Somehow, and all the hullabaloo, 85 00:06:29,600 --> 00:06:33,800 Speaker 1: the facts surrounding the murderer have gotten somehow lost in 86 00:06:34,120 --> 00:06:38,240 Speaker 1: the sauce. Let's get back in touch with the facts. 87 00:06:39,680 --> 00:06:44,560 Speaker 1: I want you to hear this Rain. I want to 88 00:06:44,560 --> 00:06:49,400 Speaker 1: start at the very beginning. What was it about him 89 00:06:50,080 --> 00:06:53,040 Speaker 1: that made you trust him? The first of all, Nancy, 90 00:06:53,240 --> 00:06:56,159 Speaker 1: I wasn't allowed to say this in the courtroom during 91 00:06:56,160 --> 00:06:59,480 Speaker 1: my testimony, that I had seen him before. I had 92 00:07:00,040 --> 00:07:03,440 Speaker 1: in him earlier that week in his van, really, but 93 00:07:04,839 --> 00:07:07,240 Speaker 1: I didn't piece it all together until after all these 94 00:07:07,279 --> 00:07:11,320 Speaker 1: tragic events unfolded. It's just like a jigsaw puzzle. You 95 00:07:11,320 --> 00:07:13,320 Speaker 1: have to piece it all together, and you can't always 96 00:07:13,360 --> 00:07:16,360 Speaker 1: piece it together in the same day. Sometimes it takes time. 97 00:07:17,440 --> 00:07:20,920 Speaker 1: But looking back, I saw his van Rain that is 98 00:07:21,000 --> 00:07:25,080 Speaker 1: incredible to me. Not in a sense of unbelievable. But 99 00:07:25,480 --> 00:07:29,600 Speaker 1: I spoke to other women, another woman and her child, 100 00:07:30,160 --> 00:07:34,160 Speaker 1: and they had seen his white van before, and then 101 00:07:34,200 --> 00:07:37,880 Speaker 1: it approached them. I believe it was at a McDonald's 102 00:07:38,000 --> 00:07:43,360 Speaker 1: and he pretended to be a state child worker. And 103 00:07:43,640 --> 00:07:45,680 Speaker 1: that's what happened. And now I'm hearing for the very 104 00:07:45,680 --> 00:07:50,880 Speaker 1: first time you had seen him before, ween what happened. 105 00:07:51,080 --> 00:07:54,360 Speaker 1: It was earlier that week. It was probably either Monday 106 00:07:54,440 --> 00:07:57,800 Speaker 1: or Tuesday of that week, because Cherish was taken on Friday, 107 00:07:57,960 --> 00:08:01,720 Speaker 1: June twenty. First, it was just a regular day. I 108 00:08:01,800 --> 00:08:04,200 Speaker 1: wasn't thinking anything different, and I was just standing in 109 00:08:04,200 --> 00:08:07,120 Speaker 1: my living room looking at the television. And then all 110 00:08:07,120 --> 00:08:09,440 Speaker 1: of a sudden, now at the corner of my eye, 111 00:08:09,480 --> 00:08:13,080 Speaker 1: I could see a white van moving so slowly down 112 00:08:13,120 --> 00:08:16,920 Speaker 1: my street. And it caught my attention because of the 113 00:08:16,920 --> 00:08:20,520 Speaker 1: way it moved like a snail's pace. And I had 114 00:08:20,600 --> 00:08:23,440 Speaker 1: never seen that before, because first of all, there was 115 00:08:23,640 --> 00:08:26,240 Speaker 1: nothing on the road, There was no other vehicles, there 116 00:08:26,240 --> 00:08:30,160 Speaker 1: were no children walking. So I ran out there, leaning 117 00:08:30,200 --> 00:08:32,960 Speaker 1: over the rail and I said, who the hell is that? 118 00:08:33,240 --> 00:08:36,880 Speaker 1: And the van was moving so slow, and when it 119 00:08:36,920 --> 00:08:39,960 Speaker 1: got to the corner, it made a left turn and 120 00:08:40,559 --> 00:08:44,320 Speaker 1: it almost stopped. It moved that slow. And it was 121 00:08:44,360 --> 00:08:47,240 Speaker 1: a couple of days after Cherish was taken. One of 122 00:08:47,240 --> 00:08:49,800 Speaker 1: our friends came over and she lives around the corner, 123 00:08:49,840 --> 00:08:51,839 Speaker 1: and she said, Rain, you know that van went down 124 00:08:51,920 --> 00:08:56,320 Speaker 1: the street and then I remembered that morning. Oh my stars, Cheryl, 125 00:08:56,559 --> 00:08:59,760 Speaker 1: you know what that says to me, Cheryl McCallum, Director 126 00:08:59,800 --> 00:09:04,040 Speaker 1: of the Coal Case Institute. That says to me that 127 00:09:04,679 --> 00:09:09,920 Speaker 1: I find that to be up simpatico with the facts 128 00:09:09,960 --> 00:09:13,319 Speaker 1: as we know them in other cases. So that means 129 00:09:13,360 --> 00:09:16,760 Speaker 1: to me, Cheryl, he did not just meet them that 130 00:09:16,880 --> 00:09:20,480 Speaker 1: day in Family Dollar. He had been watching them and 131 00:09:20,640 --> 00:09:23,679 Speaker 1: likely followed them to Family Dollar. And the reason they 132 00:09:23,679 --> 00:09:25,520 Speaker 1: probably didn't want to talk about it at trials because 133 00:09:25,640 --> 00:09:28,120 Speaker 1: she didn't see his face and can't prove that was him. 134 00:09:28,360 --> 00:09:31,440 Speaker 1: And if you absolutely don't know a fact, don't bring 135 00:09:31,480 --> 00:09:33,679 Speaker 1: it into trial because you can get attacked on it later. 136 00:09:34,000 --> 00:09:35,840 Speaker 1: You know, like he could have jumped up and said, oh, 137 00:09:35,880 --> 00:09:38,840 Speaker 1: I had my van at the shop that day and ruined, 138 00:09:39,720 --> 00:09:42,319 Speaker 1: which of course would be a lie. But what does 139 00:09:42,360 --> 00:09:44,600 Speaker 1: that say to you, Cheryl, what you're hearing right now, 140 00:09:45,160 --> 00:09:48,839 Speaker 1: she would be installed. He already made his mind up. 141 00:09:49,360 --> 00:09:54,720 Speaker 1: He's a predator rain. It is not your fault. It 142 00:09:54,880 --> 00:10:15,320 Speaker 1: is not your fault. It is not crime stories with 143 00:10:15,440 --> 00:10:21,200 Speaker 1: Nancy Grace. I'm looking right now as we're talking. I'm 144 00:10:21,240 --> 00:10:24,960 Speaker 1: looking at this guy walking out the door of the 145 00:10:25,000 --> 00:10:29,360 Speaker 1: Walmart superstore with the little girl beside him. And I've 146 00:10:29,400 --> 00:10:32,320 Speaker 1: reviewed the video over and over and over, and so 147 00:10:32,400 --> 00:10:35,080 Speaker 1: there's the two other little girls and the mother, but 148 00:10:35,240 --> 00:10:37,439 Speaker 1: even when they're all together, it's like he gets her 149 00:10:37,480 --> 00:10:40,720 Speaker 1: off to the side. His focus is all on this 150 00:10:40,880 --> 00:10:44,559 Speaker 1: one eight year old girl. It is very obvious. Then 151 00:10:44,600 --> 00:10:48,400 Speaker 1: the surveillance video switches and you can see them walking 152 00:10:48,520 --> 00:10:52,800 Speaker 1: to his vehicle in the parking lot. John Limley Crime 153 00:10:52,880 --> 00:10:56,520 Speaker 1: online dot Com investigative reporter, what more do you know? Nancy? 154 00:10:56,600 --> 00:11:00,280 Speaker 1: The man convicted of killing eight year old Cherish Periwele 155 00:11:00,360 --> 00:11:04,160 Speaker 1: is pushing for a new trial. This week, the Florida 156 00:11:04,240 --> 00:11:07,040 Speaker 1: Supreme Court is hearing an appeal in the Donald Smith 157 00:11:07,120 --> 00:11:12,079 Speaker 1: case as he sits on death row. W JAXTV reporter 158 00:11:12,200 --> 00:11:16,360 Speaker 1: Christy Turner has heard from Cherish Perrywinkle's mother on the 159 00:11:16,400 --> 00:11:20,480 Speaker 1: matter and brings us details. In an appeal, Smith's attorney 160 00:11:20,559 --> 00:11:22,960 Speaker 1: argues the trials should have been moved out of Duval 161 00:11:23,040 --> 00:11:25,840 Speaker 1: County because the case drew too much attention for a 162 00:11:25,920 --> 00:11:29,920 Speaker 1: fair trial, and gruesome autopsy pictures of the victim shouldn't 163 00:11:29,960 --> 00:11:33,480 Speaker 1: have been shown to jurors. Rain Perrywinkle, the mother of Cherish, 164 00:11:33,600 --> 00:11:36,360 Speaker 1: says Smith is right where he deserves to be. She 165 00:11:36,520 --> 00:11:39,600 Speaker 1: sent me this statement that says, in part, I believe 166 00:11:39,640 --> 00:11:43,160 Speaker 1: in the death penalty. I always have, I always will. 167 00:11:43,480 --> 00:11:46,480 Speaker 1: Death should mean death. And everybody's attacking the mom. Yeah, 168 00:11:46,480 --> 00:11:49,720 Speaker 1: the momma mistakes, but the mom isn't the killer here. Yes, 169 00:11:49,760 --> 00:11:53,880 Speaker 1: the mommae mistakes, but she's not the killer. She described 170 00:11:54,080 --> 00:11:56,720 Speaker 1: that he kept they were looking for clothes, and he 171 00:11:56,840 --> 00:11:59,439 Speaker 1: kept wanting to get the little girls still like high heels, 172 00:12:00,000 --> 00:12:03,960 Speaker 1: and she would say, no, no, that that wouldn't be right. Listen, 173 00:12:04,200 --> 00:12:07,400 Speaker 1: he says, you go in first and meet me in 174 00:12:07,440 --> 00:12:10,920 Speaker 1: the little girl's section. That's what he said. So I 175 00:12:10,960 --> 00:12:13,960 Speaker 1: went to the shoe section, and I was trying on 176 00:12:14,000 --> 00:12:16,480 Speaker 1: all these shoes on my children, and I was trying 177 00:12:16,520 --> 00:12:18,880 Speaker 1: not to get too excited because I thought, I hope 178 00:12:18,920 --> 00:12:21,400 Speaker 1: he doesn't ditch us and leave me here with all 179 00:12:21,400 --> 00:12:22,920 Speaker 1: this stuff, and then I have to put it all 180 00:12:22,960 --> 00:12:26,040 Speaker 1: back and take a taxi home and really, I didn't 181 00:12:26,080 --> 00:12:29,160 Speaker 1: have enough money for a taxi because I was supposed 182 00:12:29,160 --> 00:12:31,160 Speaker 1: to save that money for the next morning to go 183 00:12:31,200 --> 00:12:35,200 Speaker 1: to the airport. So I was in a bind then, okay, 184 00:12:35,200 --> 00:12:37,800 Speaker 1: and I still kept wondering, when he is his wife coming? 185 00:12:38,760 --> 00:12:40,959 Speaker 1: So I left the shoe section and went to the 186 00:12:41,000 --> 00:12:44,120 Speaker 1: little girl's section, and then he appears. And the first 187 00:12:44,160 --> 00:12:46,160 Speaker 1: thing out of my mouth was where's your wife? And 188 00:12:46,240 --> 00:12:50,520 Speaker 1: he said, oh, she's coming. So I thought, oh way, 189 00:12:50,840 --> 00:12:54,480 Speaker 1: because he said she's coming, Well, how far does she 190 00:12:54,559 --> 00:12:58,160 Speaker 1: have to drive? So we looked around the closed section 191 00:12:58,520 --> 00:13:02,320 Speaker 1: and it seems like he wanted Cherish to have whatever 192 00:13:02,400 --> 00:13:05,320 Speaker 1: clothes she wanted. And at that time I didn't know 193 00:13:05,520 --> 00:13:08,800 Speaker 1: he was grooming her, But now I know the signs. 194 00:13:09,280 --> 00:13:13,560 Speaker 1: Back then, people some people say I was really stupid. 195 00:13:13,600 --> 00:13:16,360 Speaker 1: I should have known. Well, maybe if they were in 196 00:13:16,400 --> 00:13:18,959 Speaker 1: my shoes that night, they might not have known either, 197 00:13:19,120 --> 00:13:24,959 Speaker 1: because when someone approaches you with seemingly good intentions and 198 00:13:25,040 --> 00:13:27,360 Speaker 1: pretends that they go to church and pretends they're at 199 00:13:27,480 --> 00:13:32,160 Speaker 1: Christian why would you not believe them? Christians are supposed 200 00:13:32,160 --> 00:13:35,880 Speaker 1: to be perfect and walking in Christ and being generous 201 00:13:35,920 --> 00:13:40,680 Speaker 1: and all this, which there was a facade. Well, I 202 00:13:40,800 --> 00:13:44,760 Speaker 1: have to say, as a Christian, Christians like myself and 203 00:13:44,880 --> 00:13:50,240 Speaker 1: others are all, you know, pretty much centners. And the 204 00:13:50,280 --> 00:13:54,400 Speaker 1: whole reason we even try is because we need help. 205 00:13:54,840 --> 00:13:57,800 Speaker 1: I don't believe I've ever known but one perfect Christian. 206 00:13:59,200 --> 00:14:03,600 Speaker 1: I agree with you, Rain, I agree that when, for instance, 207 00:14:03,600 --> 00:14:06,680 Speaker 1: when I take the children to church, I assume that 208 00:14:06,760 --> 00:14:10,000 Speaker 1: everybody has good intentions. I don't think something bad is 209 00:14:10,040 --> 00:14:14,640 Speaker 1: going to happen to them. And you know, maybe that's wrong. 210 00:14:15,320 --> 00:14:18,400 Speaker 1: Well it is wrong, but I agree with you. He 211 00:14:18,559 --> 00:14:20,880 Speaker 1: portrayed himself that way. It seemed as if he was 212 00:14:20,960 --> 00:14:23,000 Speaker 1: trying to do a good thing for you. Guys. You 213 00:14:23,040 --> 00:14:26,320 Speaker 1: had no idea this, and who had been disgub in 214 00:14:26,360 --> 00:14:29,040 Speaker 1: stalking you for over a week. So you're in the 215 00:14:29,040 --> 00:14:32,400 Speaker 1: little girl's section. He's getting wanting to get everything for Cherish, 216 00:14:32,520 --> 00:14:35,400 Speaker 1: But what about the other girls? Oh, I got them 217 00:14:35,400 --> 00:14:38,080 Speaker 1: all clothes, and I was so excited. I was getting 218 00:14:38,160 --> 00:14:41,320 Speaker 1: them the same type of clothes, but in different colors. 219 00:14:41,880 --> 00:14:44,720 Speaker 1: And I was putting Cherish's clothes on one side of 220 00:14:44,720 --> 00:14:46,560 Speaker 1: the cart and the Vega's clothes on the other side 221 00:14:46,560 --> 00:14:49,200 Speaker 1: of the cart, and destined these clothes on another side 222 00:14:49,200 --> 00:14:50,880 Speaker 1: of the cart. And then I had all the shoes 223 00:14:50,880 --> 00:14:54,520 Speaker 1: in the middle. I recall that he kept he pointed 224 00:14:54,520 --> 00:14:59,200 Speaker 1: out stiletto hills high heels for the girls do. Cherish 225 00:14:59,240 --> 00:15:04,400 Speaker 1: appeared to me on two different occasions with it seemed 226 00:15:04,520 --> 00:15:06,400 Speaker 1: like there were adult women shoes, and at the time 227 00:15:06,440 --> 00:15:08,640 Speaker 1: I didn't know that until later on I saw the 228 00:15:08,680 --> 00:15:12,480 Speaker 1: shoes on the shelf. A few days later, I returned 229 00:15:12,520 --> 00:15:14,600 Speaker 1: to that store, I looked for the shoes and I 230 00:15:14,600 --> 00:15:17,400 Speaker 1: found them in the women's section, and I was highly, 231 00:15:17,480 --> 00:15:22,400 Speaker 1: highly infuriated, and that he had the nerve to send 232 00:15:22,480 --> 00:15:24,680 Speaker 1: the Cherish over to me and she said, Mommy, could 233 00:15:24,680 --> 00:15:28,200 Speaker 1: I get these? And maybe he could have been a 234 00:15:28,200 --> 00:15:31,320 Speaker 1: man that didn't understand that they're women shoes, but now 235 00:15:31,320 --> 00:15:34,240 Speaker 1: I look back, he knew the hell what he was doing. 236 00:15:34,640 --> 00:15:38,320 Speaker 1: He was grooming Cherish because Cherish knew full well there'd 237 00:15:38,360 --> 00:15:40,120 Speaker 1: be no way I'd let her have shoes like that, 238 00:15:40,480 --> 00:15:42,640 Speaker 1: but he was saying to her right in front of me, 239 00:15:42,840 --> 00:15:46,720 Speaker 1: she could have whatever she wants. And now I know 240 00:15:46,920 --> 00:15:49,640 Speaker 1: I was a target number one because of a single 241 00:15:49,720 --> 00:15:54,160 Speaker 1: mother on foot with three leetle children. Number two. He 242 00:15:54,280 --> 00:15:57,800 Speaker 1: knew that I was struggling for money that day, and 243 00:15:58,120 --> 00:16:00,760 Speaker 1: he knew that there was no men around me. Even 244 00:16:00,800 --> 00:16:04,480 Speaker 1: if my ex boyfriend was with me, I believe this 245 00:16:04,600 --> 00:16:06,960 Speaker 1: demon would have left us alone. He was looking for 246 00:16:07,040 --> 00:16:10,880 Speaker 1: someone vulnerable and someone with more than one child. Because 247 00:16:11,480 --> 00:16:15,480 Speaker 1: when I saw those videos before I went to court, 248 00:16:16,280 --> 00:16:19,120 Speaker 1: I was allowed to view them, and I realized now 249 00:16:19,160 --> 00:16:21,680 Speaker 1: he was waiting for us, the way he was walking 250 00:16:21,720 --> 00:16:25,200 Speaker 1: around the store flipping through a magazine, and I knew 251 00:16:25,240 --> 00:16:27,040 Speaker 1: he wasn't going to buy it just by his demeanor. 252 00:16:27,200 --> 00:16:30,080 Speaker 1: Let's see, at the time, I didn't see that. I 253 00:16:30,160 --> 00:16:32,480 Speaker 1: was just focused on cherish destiny in the day. I 254 00:16:32,520 --> 00:16:36,120 Speaker 1: mean ask you this, after you have been shopping for 255 00:16:36,200 --> 00:16:38,720 Speaker 1: a period of time, no wife has appeared yet, the 256 00:16:38,840 --> 00:16:42,080 Speaker 1: children are getting hungry. How did you come to the 257 00:16:42,160 --> 00:16:45,680 Speaker 1: decision to let Cherish go with him to McDonald's, which 258 00:16:45,720 --> 00:16:48,360 Speaker 1: I want to point out is not down the street, 259 00:16:48,440 --> 00:16:51,000 Speaker 1: it's not on the other side of the town. It's 260 00:16:51,040 --> 00:16:55,280 Speaker 1: there in the superstore, is Nancy? May I say something 261 00:16:55,320 --> 00:16:58,520 Speaker 1: really quick. There's a big misconception about the dressing room. 262 00:16:58,800 --> 00:17:01,120 Speaker 1: A lot of people that are hating on me saying 263 00:17:01,160 --> 00:17:03,200 Speaker 1: you let him go to the dressing room with her. 264 00:17:03,520 --> 00:17:06,520 Speaker 1: First of all, the dressing room was a clear shot 265 00:17:06,640 --> 00:17:09,240 Speaker 1: from the children's section and if you go to any Walmart, 266 00:17:09,280 --> 00:17:11,800 Speaker 1: you'll see what I'm talking about. You can see a 267 00:17:11,880 --> 00:17:16,680 Speaker 1: clear shot of just straight there. There's no other way 268 00:17:16,760 --> 00:17:20,000 Speaker 1: to get there, you know. And there was one time 269 00:17:20,600 --> 00:17:23,159 Speaker 1: that I looked up and they were returning from the 270 00:17:23,240 --> 00:17:25,680 Speaker 1: dressing room, and you said, here, you take her next time, 271 00:17:25,720 --> 00:17:27,640 Speaker 1: and the shirts didn't fit her because they were way 272 00:17:27,640 --> 00:17:31,000 Speaker 1: too big. And later on that night, when I was 273 00:17:31,040 --> 00:17:34,199 Speaker 1: waiting for the police to arrive, I asked one of 274 00:17:34,200 --> 00:17:36,439 Speaker 1: the attendants from the dressing room and said, did he 275 00:17:36,480 --> 00:17:39,280 Speaker 1: take her in there? She said no, So that cleared 276 00:17:39,359 --> 00:17:41,720 Speaker 1: my mind. He did not go into the dressing room 277 00:17:41,720 --> 00:17:45,000 Speaker 1: a cherish. He walked her there, but he did not 278 00:17:45,080 --> 00:17:48,120 Speaker 1: go in there. How did he bring up taking her 279 00:17:48,280 --> 00:17:50,560 Speaker 1: to the McDonald's within the store? I was looking at 280 00:17:50,560 --> 00:17:53,440 Speaker 1: all the clothes in the car, and then I look 281 00:17:53,520 --> 00:17:56,440 Speaker 1: up and Cherish comes over and stands by my left 282 00:17:57,119 --> 00:17:59,520 Speaker 1: and she said, he's got one hundred and fifty dollars 283 00:17:59,520 --> 00:18:01,119 Speaker 1: gift card. I said, is that what he told you? 284 00:18:02,160 --> 00:18:04,560 Speaker 1: And he walks up and he's a few feet away 285 00:18:04,600 --> 00:18:07,919 Speaker 1: from me and he puts up his right hand like 286 00:18:07,960 --> 00:18:11,080 Speaker 1: a puppet. Is what Mark Khalil, the prosecutor said, And 287 00:18:11,119 --> 00:18:14,280 Speaker 1: that's exactly true. This is his gesture. He puts up 288 00:18:14,280 --> 00:18:19,080 Speaker 1: his right hand very strangely and says, I'm going to McDonald's. 289 00:18:19,080 --> 00:18:22,960 Speaker 1: What do you want to eat? And he never said we, 290 00:18:23,200 --> 00:18:27,080 Speaker 1: he said I. And when Cherish ran over to me, 291 00:18:27,560 --> 00:18:29,280 Speaker 1: she asked me, what do you want to eat? And 292 00:18:29,320 --> 00:18:32,639 Speaker 1: I said cheeseburgers, And then she repeated cheeseburgers, and that 293 00:18:32,720 --> 00:18:35,800 Speaker 1: was the last thing she said. I watched her walk 294 00:18:35,840 --> 00:18:42,040 Speaker 1: away behind him, but because of how close she was 295 00:18:42,080 --> 00:18:46,840 Speaker 1: to me, she would never have willingly ran away from me. 296 00:18:47,680 --> 00:18:53,280 Speaker 1: And I knew that McDonald's is inside Walmart, and I 297 00:18:53,359 --> 00:19:10,760 Speaker 1: thought to myself, he can't hurt her. In here Crime 298 00:19:10,840 --> 00:19:17,480 Speaker 1: Stories with Nancy Grace Cherish and Perrywinkle, an eight year 299 00:19:17,960 --> 00:19:26,760 Speaker 1: old little girl is gone, kidnapped, brutally raped, and murdered. 300 00:19:26,840 --> 00:19:30,399 Speaker 1: And John Limley Crime online dot Com investigative reporter tell 301 00:19:30,440 --> 00:19:33,840 Speaker 1: me and all the listeners, what more do you know? 302 00:19:34,160 --> 00:19:38,080 Speaker 1: The facts of this case are horrifying. That's not just 303 00:19:38,160 --> 00:19:41,600 Speaker 1: an opinion. That's the opening line of the written appeal 304 00:19:41,640 --> 00:19:46,919 Speaker 1: for a retrial in well one of Jacksonville's most savage crimes, 305 00:19:47,320 --> 00:19:51,760 Speaker 1: the killing, rape, and murder of eight year old Cherish Perrywinkle, 306 00:19:52,080 --> 00:19:54,960 Speaker 1: the man convicted of her murder, has been on death 307 00:19:55,080 --> 00:19:59,480 Speaker 1: row since twenty eighteen, and this week his case goes 308 00:19:59,520 --> 00:20:02,760 Speaker 1: before the Florida's Supreme Court as he seeks to have 309 00:20:02,960 --> 00:20:08,000 Speaker 1: his conviction and death sentence overturned, and Schendler is with 310 00:20:08,280 --> 00:20:12,800 Speaker 1: WTLVTV and brings us more. The Florida Supreme Court will 311 00:20:12,840 --> 00:20:15,600 Speaker 1: hear oral arguments this week, part of the automatic appeal 312 00:20:15,640 --> 00:20:18,800 Speaker 1: process that follows any death sentence. Smith's attorney will argue 313 00:20:18,800 --> 00:20:22,160 Speaker 1: that the trial judge made several mistakes, including allowing graphic 314 00:20:22,200 --> 00:20:24,960 Speaker 1: autopsy photos to be shown to jurors and to refusal 315 00:20:24,960 --> 00:20:27,560 Speaker 1: to declare a mistrial when the medical examiner began to 316 00:20:27,560 --> 00:20:29,640 Speaker 1: cry on the stand, I'm sorry, I have to take 317 00:20:29,680 --> 00:20:33,120 Speaker 1: a break. Can I just have like five minutes. Attorneys 318 00:20:33,160 --> 00:20:35,399 Speaker 1: will also argue it was a mistake for the judge 319 00:20:35,440 --> 00:20:37,480 Speaker 1: to deny a request for a change of venue in 320 00:20:37,560 --> 00:20:40,200 Speaker 1: light of the quote voracious nature of the media interest 321 00:20:40,240 --> 00:20:45,880 Speaker 1: in the case WTLVS and Schendler Nancy. An immediate ruling 322 00:20:46,200 --> 00:20:50,200 Speaker 1: is not expected. In fact, even if it's denied, the 323 00:20:50,240 --> 00:20:54,040 Speaker 1: appeals process in the case of Cherish Perrywinkle's killer could 324 00:20:54,119 --> 00:20:58,840 Speaker 1: easily take another ten years, possibly by what would have 325 00:20:58,920 --> 00:21:04,560 Speaker 1: been Cherish Perry Uncle's twenty sixth birthday with me long 326 00:21:05,280 --> 00:21:11,119 Speaker 1: time friend Mark Class is with me, founder of Class Kids. 327 00:21:11,920 --> 00:21:16,560 Speaker 1: After your little girl Polly went missing and was murdered. 328 00:21:17,880 --> 00:21:21,120 Speaker 1: From that point on, your life has been about one thing, 329 00:21:21,240 --> 00:21:26,040 Speaker 1: and that is helping to find missing people, no matter 330 00:21:26,040 --> 00:21:30,680 Speaker 1: what it takes. So many people failed this eight year 331 00:21:30,680 --> 00:21:35,960 Speaker 1: old little girl because the response to the mom's devastating 332 00:21:36,240 --> 00:21:40,480 Speaker 1: nine one one call was delayed by police officers who 333 00:21:40,560 --> 00:21:45,199 Speaker 1: didn't believe her. They thought she was lying because she 334 00:21:45,280 --> 00:21:48,840 Speaker 1: was in the middle of a custody battle fighting to 335 00:21:48,960 --> 00:21:53,800 Speaker 1: keep her children. Then the media were not notified of 336 00:21:53,840 --> 00:22:00,280 Speaker 1: the Amber alert for hours. Hours after the little girl disappeared. 337 00:22:00,720 --> 00:22:06,440 Speaker 1: More officers were disciplined over that. I don't know what 338 00:22:06,480 --> 00:22:12,920 Speaker 1: the failure was there. The vehicle that he had I 339 00:22:12,960 --> 00:22:16,120 Speaker 1: believe had been used in other crimes. Listen to this. 340 00:22:16,920 --> 00:22:21,560 Speaker 1: The same guy had been released from jail less than 341 00:22:21,680 --> 00:22:26,479 Speaker 1: one month before, where he served only four hundred and 342 00:22:26,560 --> 00:22:33,320 Speaker 1: thirty eight days on felony child abuse and impersonation of 343 00:22:33,359 --> 00:22:36,600 Speaker 1: an officer. He had been out a little over four 344 00:22:36,880 --> 00:22:40,680 Speaker 1: hundred days. He has been a registered sex offender since 345 00:22:40,880 --> 00:22:46,320 Speaker 1: nineteen ninety three for trying to kidnap a little girl. 346 00:22:47,359 --> 00:22:50,520 Speaker 1: I mean, is arrest go back as far as nineteen 347 00:22:50,560 --> 00:22:55,560 Speaker 1: seventy seven, where he was convicted of indecent assault on 348 00:22:56,280 --> 00:23:01,879 Speaker 1: a little girl under sixteen. It was nineteen seventy seven. 349 00:23:02,280 --> 00:23:05,560 Speaker 1: And it goes on and on. He went to prison 350 00:23:05,600 --> 00:23:09,760 Speaker 1: again in ninety two for attempted kidnapping. He was convicted 351 00:23:09,800 --> 00:23:12,760 Speaker 1: on that charge in addition to two counts of showing 352 00:23:13,240 --> 00:23:16,760 Speaker 1: obscene material to a child. I mean, it just goes 353 00:23:16,800 --> 00:23:20,000 Speaker 1: on and on, and here he is wandering around Walmart. 354 00:23:20,359 --> 00:23:23,159 Speaker 1: I don't get it. I don't get it. And what 355 00:23:23,320 --> 00:23:27,040 Speaker 1: this child lived through before she was murdered is awful. 356 00:23:27,240 --> 00:23:32,080 Speaker 1: There are blood stains on the carpet of his car, 357 00:23:32,640 --> 00:23:36,879 Speaker 1: of his white van, and you know what, there's no 358 00:23:36,960 --> 00:23:40,520 Speaker 1: telling how many children he has raped and molested that 359 00:23:40,560 --> 00:23:44,000 Speaker 1: we don't even know about. Mark, There's no telling how 360 00:23:44,000 --> 00:23:47,040 Speaker 1: many children really out there that may be dead. Do 361 00:23:47,040 --> 00:23:49,800 Speaker 1: you think this is the first child he killed? I 362 00:23:49,920 --> 00:23:53,400 Speaker 1: know it wasn't the first child he raped. That's very 363 00:23:53,440 --> 00:23:57,119 Speaker 1: telling because what happens with these characters is that the 364 00:23:57,240 --> 00:23:59,760 Speaker 1: nature of the crimes tend to escalate. And we're talking 365 00:23:59,800 --> 00:24:02,240 Speaker 1: to a guy that had a forty year history of 366 00:24:02,400 --> 00:24:06,720 Speaker 1: escalating criminal activity, and they learn at a certain point, Nancy, 367 00:24:06,920 --> 00:24:10,400 Speaker 1: that you don't leave the evidence behind, that you don't 368 00:24:10,480 --> 00:24:13,440 Speaker 1: leave the child alive so that the child can ultimately 369 00:24:13,480 --> 00:24:16,399 Speaker 1: point you out or testify against you. That if you 370 00:24:16,480 --> 00:24:18,800 Speaker 1: want to stay out of prison, the way you stay 371 00:24:18,840 --> 00:24:22,320 Speaker 1: out of prison is you become a stealth predator. You 372 00:24:22,440 --> 00:24:26,680 Speaker 1: take the children, You take the children under the veil 373 00:24:26,720 --> 00:24:30,880 Speaker 1: of darkness, and you get rid of them. So you're 374 00:24:30,880 --> 00:24:34,480 Speaker 1: exactly right. How many victims were there? Victims that will 375 00:24:34,520 --> 00:24:36,880 Speaker 1: never be able to tell their story, that you'll never 376 00:24:36,920 --> 00:24:39,680 Speaker 1: be able to tell their story, Kids that are missing 377 00:24:39,880 --> 00:24:43,280 Speaker 1: and will continue to be missing, probably forever, an effort. 378 00:24:43,640 --> 00:24:47,639 Speaker 1: This is what I know about Cherish Periwinkle because I 379 00:24:47,680 --> 00:24:52,439 Speaker 1: have reviewed the documents and much of the evidence in 380 00:24:52,480 --> 00:24:54,640 Speaker 1: her case. Although it has not gone to trial a yet, 381 00:24:55,800 --> 00:25:02,640 Speaker 1: Cherish Periwinkle's a murder is nauseating. There are over one 382 00:25:02,680 --> 00:25:06,280 Speaker 1: hundred and ninety pages of documents, nearly a thousand photos. 383 00:25:07,040 --> 00:25:11,879 Speaker 1: We know that specifically, this eight year old little girl's 384 00:25:11,880 --> 00:25:16,320 Speaker 1: body was found partially clothed, submerged in about six inches 385 00:25:16,400 --> 00:25:21,000 Speaker 1: of water and a tidal creak like a ditch, hidden 386 00:25:21,160 --> 00:25:28,040 Speaker 1: under a log and weighted down by asphalt chunks, an 387 00:25:28,080 --> 00:25:33,119 Speaker 1: eight year old little girl. We learned that he was 388 00:25:33,480 --> 00:25:39,360 Speaker 1: covered in scratches, We learned that his clothes were so 389 00:25:39,600 --> 00:25:44,600 Speaker 1: keen wet. By putting her body in the water mark, 390 00:25:44,920 --> 00:25:48,200 Speaker 1: you know, it was in the hopes that she wouldn't 391 00:25:48,240 --> 00:25:51,400 Speaker 1: be found and that the water would wash away evidence. 392 00:25:51,480 --> 00:25:53,960 Speaker 1: There's no doubt in my mind. What do you make 393 00:25:54,000 --> 00:25:57,920 Speaker 1: of that? No, I think you're absolutely correct. I think 394 00:25:57,920 --> 00:26:00,919 Speaker 1: that his flaw in this particular case was that he 395 00:26:01,000 --> 00:26:04,760 Speaker 1: was so desperate for a new victim that he exposed himself. 396 00:26:05,240 --> 00:26:08,080 Speaker 1: And I think that, you know, in retrospective, you were 397 00:26:08,119 --> 00:26:10,800 Speaker 1: to look back, he probably would play this out very differently. 398 00:26:12,080 --> 00:26:14,480 Speaker 1: But you know, it is what it is. This guy 399 00:26:14,520 --> 00:26:17,480 Speaker 1: has been caught, Thank goodness. He will never have an 400 00:26:17,520 --> 00:26:21,359 Speaker 1: opportunity really another child. You don't think so, Lauren, Whitn't 401 00:26:21,400 --> 00:26:24,200 Speaker 1: you think that after his first conviction, hey, they put 402 00:26:24,240 --> 00:26:26,600 Speaker 1: him away, he'll never get out again. But he got 403 00:26:26,640 --> 00:26:31,440 Speaker 1: out once, twice, three times, and now Cherish is dead. Well, 404 00:26:31,640 --> 00:26:33,359 Speaker 1: there has there ever been a better argument for the 405 00:26:33,400 --> 00:26:37,840 Speaker 1: death penalty? N answer me, seriously, has there? Because finally, 406 00:26:37,960 --> 00:26:40,879 Speaker 1: you know, that's how you put a stop to these guys, 407 00:26:40,880 --> 00:26:44,000 Speaker 1: and unfortunately that's the only way you put a stop 408 00:26:44,000 --> 00:26:47,080 Speaker 1: to these guys. I don't want to take you and 409 00:26:47,240 --> 00:26:51,840 Speaker 1: me to a dark place, but I'm going to. This 410 00:26:51,920 --> 00:26:59,280 Speaker 1: guy's body was covered in scratches. You know what that means. 411 00:26:59,520 --> 00:27:03,360 Speaker 1: As the child was raped, As this child was murdered, 412 00:27:03,560 --> 00:27:09,840 Speaker 1: she was fighting to live and she ended up. Dad 413 00:27:10,040 --> 00:27:13,880 Speaker 1: submerged in water. You know, that's three hundred days more 414 00:27:14,119 --> 00:27:16,359 Speaker 1: free he had than the guy that killed my daughter 415 00:27:16,400 --> 00:27:19,119 Speaker 1: ad I mean he was out ninety days, oh the 416 00:27:19,160 --> 00:27:21,760 Speaker 1: forty five. Decided he was going to take out falling. 417 00:27:22,520 --> 00:27:25,560 Speaker 1: I don't understand it either, Nancy. I don't understand why 418 00:27:25,680 --> 00:27:29,520 Speaker 1: you get a serial predator, somebody with the recipivious history 419 00:27:29,560 --> 00:27:33,080 Speaker 1: that goes back decades and decades and decades, that escalates 420 00:27:33,320 --> 00:27:36,600 Speaker 1: all along the line, and they continue to find reasons 421 00:27:36,680 --> 00:27:39,560 Speaker 1: to allow these people back out under the streets, knowing 422 00:27:39,720 --> 00:27:44,439 Speaker 1: full well exactly thing happened, not knowing who the victim's 423 00:27:44,480 --> 00:27:47,199 Speaker 1: going to be, but knowing full well that they're going 424 00:27:47,240 --> 00:27:50,239 Speaker 1: to kill, they're going to rape, and they'll probably do 425 00:27:50,280 --> 00:27:54,400 Speaker 1: it multiple times unless they slip up like this character did. 426 00:28:08,160 --> 00:28:15,240 Speaker 1: Crime Stories with Nancy Grace Cherish is kidnapped, brutally raped 427 00:28:15,560 --> 00:28:18,760 Speaker 1: and murdered, and there's no doubt about that. But in 428 00:28:18,840 --> 00:28:22,320 Speaker 1: a stunning development in the last hours, the case is 429 00:28:22,359 --> 00:28:27,840 Speaker 1: back on the hot seat. John Lumley explain. Nancy Donald Smith, 430 00:28:27,960 --> 00:28:31,560 Speaker 1: the man convicted of Cherish Perrywinkle's murder, has as you know, 431 00:28:31,760 --> 00:28:35,960 Speaker 1: been on death row since twenty eighteen. This week, his 432 00:28:36,119 --> 00:28:39,440 Speaker 1: case is going before the Florida Supreme Court as he 433 00:28:39,480 --> 00:28:43,760 Speaker 1: seeks to have his conviction and death sentence overturned. The 434 00:28:43,840 --> 00:28:46,800 Speaker 1: appeal will be heard what is now just a few 435 00:28:46,800 --> 00:28:51,800 Speaker 1: weeks before Perrywinkle would have turned sixteen years old. Smith's 436 00:28:51,960 --> 00:28:55,600 Speaker 1: new legal team will present oral arguments before the Florida 437 00:28:55,680 --> 00:29:00,160 Speaker 1: Supreme Court, part of the automatic appeals process that follows 438 00:29:00,000 --> 00:29:04,160 Speaker 1: any death sentence. Smith's attorneys will argue the trial judge 439 00:29:04,240 --> 00:29:09,760 Speaker 1: made several mistakes, including allowing graphic autopsy photos to be 440 00:29:09,840 --> 00:29:14,280 Speaker 1: shown to jurors and her refusal the judge's refusal to 441 00:29:14,280 --> 00:29:18,360 Speaker 1: declare a mistrial when the medical examiner began to cry 442 00:29:18,600 --> 00:29:21,680 Speaker 1: on the stand. They will also argue it was a 443 00:29:21,760 --> 00:29:24,880 Speaker 1: mistake for the judge to deny a request for a 444 00:29:25,040 --> 00:29:29,240 Speaker 1: change of venue in light of the quote voracious nature 445 00:29:29,320 --> 00:29:32,960 Speaker 1: of the media interest in the case. Now, Nancy, an 446 00:29:33,000 --> 00:29:36,880 Speaker 1: immediate ruling is not expected, and even if it's denied, 447 00:29:37,320 --> 00:29:41,280 Speaker 1: the appeals process in the case of Perrywinkle's killer could 448 00:29:41,440 --> 00:29:46,200 Speaker 1: easily take another decade to complete. Listen, I want to 449 00:29:46,280 --> 00:29:50,600 Speaker 1: understand how you get through the day. Now. What did 450 00:29:50,600 --> 00:29:54,440 Speaker 1: you tell your other two girls about Cherish. Oh, we 451 00:29:54,440 --> 00:29:57,280 Speaker 1: were sitting. We were sitting in Walmart that night and 452 00:29:58,360 --> 00:30:00,920 Speaker 1: I told him. She told me took Cherish out of 453 00:30:00,960 --> 00:30:03,200 Speaker 1: the store, and they were too little. They didn't really 454 00:30:03,280 --> 00:30:08,160 Speaker 1: understand too much back then. Have you felt that Cherish's 455 00:30:08,200 --> 00:30:11,160 Speaker 1: tried to communicate with you? You know, it's strange that 456 00:30:11,320 --> 00:30:13,880 Speaker 1: you ask that, because a lot of people that have 457 00:30:14,000 --> 00:30:17,760 Speaker 1: been through this, whether it be their fiancee, whether it 458 00:30:17,800 --> 00:30:23,920 Speaker 1: be apparent relative or a child, they will they will 459 00:30:24,080 --> 00:30:29,560 Speaker 1: say certain things that it could be taken as well 460 00:30:29,600 --> 00:30:34,320 Speaker 1: as she's just having a dream. No, there were at 461 00:30:34,360 --> 00:30:39,480 Speaker 1: least two different incidences where I felt her. I touched 462 00:30:39,520 --> 00:30:41,520 Speaker 1: her picture. I think it was a day or two 463 00:30:41,600 --> 00:30:44,000 Speaker 1: after she was taken. There was a picture of her 464 00:30:44,000 --> 00:30:47,760 Speaker 1: on my wall and I just touched her race and 465 00:30:47,840 --> 00:30:50,520 Speaker 1: I said to her, Cherish, tell me where that man 466 00:30:50,640 --> 00:30:55,160 Speaker 1: took you and within a few seconds, I just was 467 00:30:55,440 --> 00:30:59,480 Speaker 1: trying to be quiet and I had a thought. He 468 00:30:59,600 --> 00:31:01,960 Speaker 1: took me to a house with a dog and the 469 00:31:02,040 --> 00:31:09,320 Speaker 1: house was white. Well after the stroller was found, I 470 00:31:09,400 --> 00:31:13,520 Speaker 1: asked Mark Khalil a few days ago, was a house white? 471 00:31:13,600 --> 00:31:16,320 Speaker 1: And he said well, I said, Tomal, was it white 472 00:31:16,360 --> 00:31:20,560 Speaker 1: or was it off white? And he said yes. So 473 00:31:20,760 --> 00:31:24,520 Speaker 1: I take that information that she was trying to tell me, 474 00:31:25,360 --> 00:31:27,600 Speaker 1: and I can't prove it. It's just what I felt 475 00:31:27,640 --> 00:31:31,800 Speaker 1: at the time. And a lot of little children like dogs, 476 00:31:31,880 --> 00:31:34,240 Speaker 1: even though I don't like dogs around my children because 477 00:31:34,280 --> 00:31:37,440 Speaker 1: they could get bitten by them. But I don't believe 478 00:31:37,480 --> 00:31:39,920 Speaker 1: that he did this act in the then. I think 479 00:31:39,960 --> 00:31:43,520 Speaker 1: that he had to have some elbow room. I think 480 00:31:43,560 --> 00:31:45,960 Speaker 1: he had to have a lot of space, and he 481 00:31:46,080 --> 00:31:49,120 Speaker 1: had took time to think about it. Rain, what was 482 00:31:49,520 --> 00:31:53,640 Speaker 1: the most painful part for you as you endured the 483 00:31:53,720 --> 00:31:59,960 Speaker 1: trial of Donald Smith. That's a good question. The worst 484 00:32:00,520 --> 00:32:05,640 Speaker 1: day was the Tuesday, the following day. First of all, 485 00:32:05,680 --> 00:32:09,280 Speaker 1: after my testimony, I went to an empty room and 486 00:32:09,480 --> 00:32:13,840 Speaker 1: I watched Officer Wilkie he had found cherish and I 487 00:32:13,880 --> 00:32:17,760 Speaker 1: fell on the floor screaming at his testimony. So that 488 00:32:17,880 --> 00:32:21,080 Speaker 1: was extremely difficult. But you're asking me what was the 489 00:32:21,160 --> 00:32:25,280 Speaker 1: worst day. It was on the Tuesday when doctor Rao 490 00:32:25,760 --> 00:32:32,080 Speaker 1: was talking about Cherish's injuries and uh I was on 491 00:32:32,160 --> 00:32:34,160 Speaker 1: the flour screaming for that, I knew I couldn't sit 492 00:32:34,200 --> 00:32:39,440 Speaker 1: in the courtroom and her injuries were far worse than 493 00:32:39,480 --> 00:32:43,600 Speaker 1: I thought. Rain take a listen as a verdict is 494 00:32:43,640 --> 00:32:55,280 Speaker 1: handed down nice wedded River churn. So I was premeditated 495 00:33:00,080 --> 00:33:12,520 Speaker 1: the elation of special battery to mun We with ours, 496 00:33:13,400 --> 00:33:23,080 Speaker 1: we might a special battery seci Verna, count three guilty 497 00:33:23,120 --> 00:33:31,760 Speaker 1: of special battery Personal as Training, United Florida Find Order, 498 00:33:32,080 --> 00:33:38,640 Speaker 1: February fourteen, Ashley Wilcott final saut First, all all my 499 00:33:38,800 --> 00:33:42,040 Speaker 1: thoughts and fairs terign and her family, the siblings, everyone, 500 00:33:42,440 --> 00:33:45,320 Speaker 1: But we have got to be more diligent as people 501 00:33:45,560 --> 00:33:50,280 Speaker 1: as a system to identify these perpetrators, to believe parents 502 00:33:50,400 --> 00:33:54,760 Speaker 1: when they say, hey, something's happened to my child, to protect, 503 00:33:55,040 --> 00:33:59,640 Speaker 1: to investigate, to arrest, to convict, and then not to 504 00:33:59,760 --> 00:34:08,480 Speaker 1: re lease perpetrators and pedophiles who are so prolific like 505 00:34:08,680 --> 00:34:11,000 Speaker 1: this man was. And we have to do all of 506 00:34:11,080 --> 00:34:14,120 Speaker 1: that with crazy urgency. The second thing I would say 507 00:34:14,200 --> 00:34:16,880 Speaker 1: is trust your gut and others need to trust it 508 00:34:17,000 --> 00:34:19,000 Speaker 1: to all of us know deep in our gut when 509 00:34:19,080 --> 00:34:23,680 Speaker 1: something's happened, and if others would trust that as well, 510 00:34:24,200 --> 00:34:27,160 Speaker 1: it goes a long way to improving the system response 511 00:34:27,280 --> 00:34:30,960 Speaker 1: that failed in this case. When it comes to your children, 512 00:34:31,000 --> 00:34:34,200 Speaker 1: don't trust anybody. Don't trust the family they want to 513 00:34:34,200 --> 00:34:36,200 Speaker 1: go spend the night we have because it's their best friends. 514 00:34:36,480 --> 00:34:39,600 Speaker 1: Don't trust the preacher, don't trust the boy scout leader. 515 00:34:39,680 --> 00:34:43,440 Speaker 1: I here who it is. You make sure that you 516 00:34:44,800 --> 00:34:48,720 Speaker 1: as you know the oversight of your child. All the pounds. 517 00:34:49,360 --> 00:34:52,080 Speaker 1: I mean, that's just a scary reality because I'm going 518 00:34:52,120 --> 00:34:57,160 Speaker 1: to say again, this is not Ray's fault. This person set. 519 00:34:57,320 --> 00:35:03,120 Speaker 1: They're sub oh cherished pa A Winkle Halliott Rain My 520 00:35:03,280 --> 00:35:07,560 Speaker 1: last question, final thought. I miss everything. She would sing 521 00:35:07,600 --> 00:35:11,520 Speaker 1: a lot, and sometimes she would annoy me. They're looking 522 00:35:11,560 --> 00:35:18,880 Speaker 1: back now. I'm so sorry, because children can be annoying, Nancy. 523 00:35:19,360 --> 00:35:23,120 Speaker 1: Little children can be annoying. Sometimes you'd have you'd have 524 00:35:23,360 --> 00:35:25,759 Speaker 1: your days where you'd say get away from me and 525 00:35:25,880 --> 00:35:29,960 Speaker 1: go to bed. But looking back, I miss everything. I 526 00:35:30,120 --> 00:35:32,840 Speaker 1: miss it when they scribbled on the wall in their bedroom. 527 00:35:33,280 --> 00:35:36,040 Speaker 1: I miss it when they were running around the yard 528 00:35:36,480 --> 00:35:40,439 Speaker 1: playing with all those cats we had, and I miss 529 00:35:40,520 --> 00:35:44,359 Speaker 1: taking them to school. I miss diaper changes, I miss breastfeeding, 530 00:35:44,440 --> 00:35:47,880 Speaker 1: I miss everything. And for some people to say I 531 00:35:48,000 --> 00:35:51,000 Speaker 1: wish my child would grow up and I'm tired of this. 532 00:35:51,680 --> 00:35:55,520 Speaker 1: Just please, I hate saying the word cherish, I only 533 00:35:55,640 --> 00:36:00,040 Speaker 1: use it for her name, but just please revel and 534 00:36:00,360 --> 00:36:07,040 Speaker 1: if that's a good word, just appreciate what you have 535 00:36:07,360 --> 00:36:10,239 Speaker 1: with your children now, because one day they may not 536 00:36:10,360 --> 00:36:15,600 Speaker 1: be here. We wait as justice unfalls. Nancy Grace Crime Story, 537 00:36:15,680 --> 00:36:17,359 Speaker 1: signing off, good bye friend,