When the doors to the courtroom closed for the trial of Donald Smith, nobody was truly prepared for what was about to happen inside. You've probably heard the name. Cherish Perrywinkle. She was eight years old when she skipped out of a Jacksonville Walmart behind a man who promised her family a cheeseburger. She never came back.
Most people searching for cherish perrywinkle autopsy photos are often looking for the raw, unfiltered truth of what happened in those final hours. But here is the reality: those images are some of the most protected pieces of evidence in Florida’s legal history. They didn't just document a crime; they were so visceral that they literally brought the trial to a screeching halt.
Why the Autopsy Evidence Changed Everything
It happened on a Tuesday in February 2018. Dr. Valerie Rao, the Chief Medical Examiner at the time, took the stand. She’s a veteran. She has seen thousands of bodies. But when the prosecution began displaying the cherish perrywinkle autopsy photos on the large courtroom screens, something broke.
Dr. Rao started to describe the injuries. She spoke about the ligature marks on Cherish's neck. She detailed the blunt force trauma to the little girl’s head. Then, she stopped. The medical examiner—a woman who spent her career around death—began to sob.
The jury didn't fare much better.
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Jurors were seen covering their mouths. Some turned their heads away from the screens entirely, unable to look at the "ravaged" body of the eight-year-old. It was so intense that the defense immediately moved for a mistrial. They argued that the photos were so "unduly prejudicial" that the jury could no longer be objective. The judge denied it, but the impact was sealed.
The Legal Battle Over the Images
Donald Smith's defense team fought tooth and nail to keep those images out of the public eye. Honestly, it makes sense from a legal strategy standpoint. If a jury sees that level of brutality, the "innocent until proven guilty" part of their brain tends to shut off.
The state countered by saying the photos were necessary to prove the "heinous, atrocious, and cruel" (HAC) nature of the crime—a requirement for the death penalty in Florida.
- The Discovery Phase: Back in 2013, the State Attorney’s Office released over 700 photos to the defense. These included crime scene shots of the creek behind Highlands Baptist Church.
- The Redaction: While many investigative documents became public record, the actual cherish perrywinkle autopsy photos remained sealed under Florida Statute 406.135.
- The "Sunshine Law" Limits: Florida is famous for its open records, but there’s a massive exception for photos depicting the "killing of a person."
Basically, unless you were in that courtroom or you are a member of the immediate family, you will never see those photos. And frankly, based on the descriptions from those who did, that’s a mercy.
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What the Autopsy Actually Revealed
The medical testimony provided a chilling timeline. Cherish didn't die quickly. The autopsy showed she had been "brutally raped and sodomized" before the strangulation even began.
Dr. Rao testified about petechiae—tiny broken blood vessels in Cherish's eyes and face. This happens when someone is strangled with immense force. It’s a slow death. The evidence showed she fought back. There were defensive wounds.
DNA was the final nail in the coffin. The analyst testified that the odds of the DNA found on Cherish's body belonging to anyone other than Donald Smith were 1 in 35 quintillion. That is a number so large it’s hard to wrap your head around. It’s essentially a mathematical certainty.
The Aftermath and the Death Row Appeal
The jury took only 19 minutes to find Smith guilty. Nineteen minutes. That tells you everything you need to know about the weight of the evidence they saw.
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In 2021, the Florida Supreme Court upheld the death sentence. Smith’s lawyers tried to argue again that the emotional reaction to the cherish perrywinkle autopsy photos and Dr. Rao’s crying created a "reversible error." The court disagreed. They ruled that the photos, while horrific, were an accurate representation of the crime Smith committed.
Actionable Insights and Next Steps
If you are following this case or researching the legalities of crime scene evidence, here are the key takeaways:
- Understanding Privacy Laws: In Florida, the "Earnhardt Law" (named after Dale Earnhardt) and subsequent statutes protect autopsy photos from public records requests to prevent them from being "exploited" on the internet.
- The HAC Factor: In capital cases, the prosecution must prove the crime was "Heinous, Atrocious, or Cruel." This often requires the introduction of graphic medical evidence that wouldn't be allowed in a standard trial.
- Victim Advocacy: If you are interested in preventing similar tragedies, look into "Cherish's Law," which sought to close loopholes for released sex offenders.
If you are looking for more information on the trial transcripts or the specific legal motions filed regarding the evidence, you can access the public dockets through the Duval County Clerk of Courts. Most of the investigative narrative is public, but the sensitive visual evidence remains—and likely will always remain—under seal to protect the dignity of the victim.