right now at noon sentenced to death the
judge decides Donald Smith should be
executed for the kidnapping murder and
rape of eight-year-old cherished
periwinkle I can say burn in hell that's
what I want to say I want him to burn in
hell
strong words from the mother of
cherished periwinkle in 2013 her
daughter was kidnapped raped and
murdered by Smith today a judge
sentenced him to death this Court agrees
with the jury's recommendation without
reservation accordingly this Court finds
that death is the only appropriate
penalty for the defendant given the
highly egregious nature of this crime
this is Smith being escorted from the
courtroom after hearing his fate news
for Jax reporters Denise Harris and Jim
Pickett were in the courtroom and we
begin with Janice who has covered this
trial from the beginning Jenice you
talked with rain right after Smith was
sentenced to death What did he say
rain was a very emotional that she was
also strong you know she's waited almost
five years to see the day where the man
accused of murdering raping and
kidnapping her daughter cherish
periwinkle was finally given the
sentence of a death penalty for Donald
Smith
you know Jim Pickett was there from the
very beginning and we're gonna talk to
him in just a moment about some of the
first moments when we heard about
eight-year-old cherish periwinkle being
murdered and found in that Creek but in
the meantime when rain talked to me
today she had plenty of things to say
but one thing she said in particular now
that he has the death penalty
she really wished that cherish was still
alive to see this moment it's like I
never thought this day would come and
now it's here and now I'm just stumped
for words just wish cherish was here to
see
I don't move forward I just exist now
I want to fight for children that's my
only thought in my head and every day
I'm reminded by what he's done it's not
fair that
I just don't know what to say I want to
strengthen laws keeping predators locked
up where they should be so they don't
have the chance to keep getting out to
murder children to lure parents such as
myself that were naive that day did that
I wasn't thinking straight I had three
little children I was by myself I had no
clue he was a predator he was let out
for 21 days before he did this the
police knew who he was we as a community
did not know who he was and you hear
rain saying that she didn't know who he
was now she does and so does the
community and perhaps the community as
well as rain periwinkle and her entire
family will have a little bit of peace
and closure now that Donald Smith has
been sentenced to death now Jim Pickett
you were there from the very beginning
when this case first happened what were
your thoughts in court today because
there weren't as many people as you
expected that surprised me the most
Jenice is the number of people in there
all we saw you know is rain in there
rain periwinkles the mother sitting
there and then really just reporters and
court staff there talking this case
United this community though I remember
when this came down what had happened
how everybody was there watching what
happened couldn't believe what had
happened at that point and then to see
this final day here and it happened so
quick today in court I was surprised you
know I know there was hearings and
hearings and hearings beforehand but
when the judge pronounced sentence and
said she agreed with the jury agreed
with everything they said and that's
what surprised me the most and the lack
of people that were there and you've had
a chance to see rain periwinkle over the
years has she changed a lot oh I would
definitely say so I remember when this
first happened people didn't know what
to think of rain at the time there were
questions going on how could a mother
allow this to happen none of that we've
watched her grow we've watched a change
come about in rain I think over over the
nearly five years now of what has
happened you know she had mentioned she
wants to see change happen as a result
of all of this she wants to speak out
she wants to work through the
legislature whatever to make her
daughter chair
life means something to mean something
so this wouldn't happen again that's the
biggest change that I've seen in her and
she's become a little stronger and then
the last thing I found to be very
interesting that this to some extent is
not over there still the appeals no no
with a death sentence you know as well
as I do it takes a long time for the
court to make a decision and there'll be
a number of hearings we saw that in the
motions that were filed today trying to
dismiss the trial now they're going to
go on for later hearings when that when
they try to appeal this case they'll be
coming on to that so that's just the
beginning it's going to take years
before we see anything happened before
this death sentence would be carried out
thank you Jim picket and also he just
mentioned the appeals process we're
gonna have more on that story team
coverage coming up tonight at five and
six
Jenice harris channel 4 the local
station