Jury gives death sentence to Donald Smith
Unintended Consequences for Florida Sexual Offenders
Let’s set aside personal beliefs about the death penalty for any crime and focus solely on the conviction and punishment of Donald Smith.
I am so pleased that Donald Smith is being punished for the horrible, sick things he did to Cherish Perrywinkle! I’m also so happy that he’s being punished for the horrible things he’s done to me!
It’s because of Donald Smith that my family members’ cars are on the registry. It’s because of Donald Smith that I have to make two extra trips to the Sheriff whenever the dealership gives me a loaner. It’s because of Donald Smith that I get anxious whenever my wife carpools.
You see, in 2014, the year after Donald Smith murdered Cherish, a wave of new sex offender laws were passed that Donald Smith will never be subjected to, but that I (and my family) will be.
In 2014, in addition to the change in definition of “vehicles owned” (to include not only registrant’s cars but anyone who lives with them, anyone who visits them for 5 days, or any cars rented), we got “Internet Identifier” requirements and enhanced notification of travel, registration of passport information and professional licenses, increased frequency of reporting for transients, and a whole laundry list of other sanctions that made Florida “scorched earth” for me, but not for Donald Smith, because long after he’s dead, people who have been living model lives for decades will continue to be punished for his crime.
One man’s actions affect hundreds of registrants
My heart goes out to the family of Cherish Perrywinkle, My heart also goes out to my fellow FAC members. He has caused us all to suffer and whether it was life in prison for him or the death sentence, no punishment will be adequate to bring back what he has taken from us.
Now if only FAC condemned other RSO’s who reoffend with such vigor.
Where was your outrage when former-advocate Galen Baughman was caught in 2016 communicating with juveniles which was a violation of his Probation?
No new laws might have been passed that affect you all in FL because of Galen’s inability to control himself but you previously held him up as an advocate and then went silent when he was rearrested.
Cherry-picking your condemnation and vengeance towards RSO’s who reoffend whether it’s how severely they reoffend, where they reoffended, when they reoffend or if their re-offense has directly affected you or your loved one, is truly unacceptable.
But ya’ll support Derek Logue’s vile use of the “C” word towards females he dislikes if you dislike them too, so not being consistent in your condemnation of RSO’s who reoffend is no surprise.
For the record, Mary, we condemn all forms of sexual abuse at the hands of anyone, including our own member’s.
We are all against sexual offending. We are also against laws that are not based in empirical evidence and that provide no public safety benefit, only punitive effect.
We don’t support anyone’s use of the “C” word and we have a Member Code of Conduct that prohibits it.
Respectfully, you are wrong about what we stand for.
Take your pompous, self serving attitude elsewhere, Mary Devoy. You are a cancer to our cause. You don’t speak for anyone, and it is no surprise why you have no support.
And we also support the First Amendment!
Freedom of speech exists. You do not have to like others choice of words but in the end its their choice to use them. I personally don’t agree with Derek’s word-smithing. I do not necessarily disagree with the definition of the word as applied to Ms. Book.
Everyone has skeletons in the closet Mary. Some people skeletons are easier to see.
Well said. I’m another Mary by the way. Not the one above. But agreed with what you just said.
Mary,Mary,Mary my child you have missed the whole point of what this is about.If one child writes a bad word on the chalk board or does something to harm someone do you punish the whole class. Even the innocent not just for a day or week but for the rest of there lives. Even the guilty. Is it just to punish them for the rest of their lives. Or would it be better to correct their bad behavior and give them an opportunity to show they can improve. The SOR does not do that when your on a permanent registry there is NO incentive to do better or change. So what is it’s purpose. Nothing but vengeance.If you think our society should be controlled by vengeance then you must side with the mass shooters for that is there philosophy.
There she goes lumping us all together again a typical tactic used by those who don’t want to accept the truth. Which is Data doesn’t support your position it’s inhumane and unconstitutional period. It negatively affects those trying to reintegrate into society and does nothing for public safety The policies in place could actually make things worse for society as a whole.
A probation violation is not an offense. Many probation conditions are silly. In this particular case, no one was harmed. Apples and oranges.
Educate those who do not know the truth from the fiction. The article published by Salon is a great starting point.
Personal opinion? I think life is a far greater punishment than death. But that’s neither here nor there. What is important is knowing that fear and anger, among other things, is what drives legislation to create yet more laws that punish the masses as opposed to the one.
I believe change, a rational change is possible for us in Florida. It won’t be easy and that is why it is important that we use our skills and our voices to assist in this change.
I am done being punished for another’s actions and I’ve chosen to do something about it.
I remember the exact moment I was when this happened. I immediatley, wrote the license plate down and went looking for this little girl and a monster of a human being.
Since this happened so close to my residence, I know the area better than most. More importantly, I knew the tendacies of registered citizens. I knew them because I had to sit with them for psychosexual- counseling/ behavior classes. Every week they would share: Victims, what they did, Sexual Energy, etc. How they combated it if they errored. Most would all get great remorse and go to church immediatley after. Also, I should mention that most registered citizens who I met were not stranger danger. They abused family members or friends etc or looked at innaproproate images. A few would come in and out for statutory. All of those things are serious but not stranger danger.
Dangerous people usually remained in prison do to extreme seriousness of their crimes. How was this man an RSO and not a predator? This is a case of the the Judge should of done more and Florida implementing and following the law of a tiered system would of most likely spared anyone from being Donald Smiths next victim.
I searched the neighborhoods in North Shore first , scouring every driveway and church parking lot. Desperately searching for his van or license plate. I then moved to Highlands as it was close to the walmart on lem turner and off the beaten path. I soon saw the police and yellow tape. I then heard the breaking news on the radio. I knew the shit storm of laws that would soon avalanche my way. I knew the consequences of these new laws would affect my family as well. Ironically, since most sex offenders crimes are with family. The laws usually end up hurting the victims again and again.
Myself and friends mourned for her and her family. I saw adult men cry. A nation still mourns for her and ger family.
I truly believe, I would of located them before if I was not on probation. Registered Citizens have a curfew to abide too while on probation. I could not help until the next morning.
We have a broken system. Donald Smith should have never been out of jail. The laws passed in reaction will never stop something like this from happening again if the State doesnt start focusing on individuals instead of grouping together people as a whole. However, they do affect children that are Innocent bystanders that are related to sex offenders. These laws put a target on them and easy marks for harrassment and bullying.
I wish I could of stopped this or helped. I tried my best.
Your comments concerning group therapy should be private unless interviewed by law enforcement. You have no right to point out sexual tendency of others whilst in therapy yourself. Therapeutic measures must remain private. Your comments raise questions to any and all motivation after the crime was committed.
Im not in therapy and I am sure that most would agree that forced Therapy for RSOS is a joke. Nothing more than a revenue scam.
I am free to chat about my experience with anyone I choose. The more people are educated about what really goes on, I think will only help.
I successfully ended probation early more than 15yrs ago. I had therapists and POs go to court for me. I am sure that a lot has changed for anyone on community control. I have no doubt that many of the same men and woman are still there parroting what they said 17 yrs ago. Maybe, you are one of them Jev, and if so I am sorry. Best of luck to you.
PS: Free speech is not unlimited. Mary Devoy calling me a reoffender is not free speech but slander, since I have not been accused or convicted of a sex offense since my conviction. She should choose her words far more carefully in the future.
Gee. Doesn’t falsely accusing someone of criminal behavior normally constitute libel per se? Good for the goose…….. 😉
I still can’t get my head around the FACT that retroactive (ex post facto) STATE laws are unconstitutional according to clause 1 of Article I, Section 10 of the US constitution, because they impose punishments! Yet, challenges to this fall on deaf ears when applied to sex offenders.
Every time, in Floriduh, a person who was not on the registry commits a heinous sexual offense, 70,000 others and hundreds of thousands of their families/supporters are punished for it, and the perpetrator is unaffected since they are either given life in prison or put to death (after 15 years in prison). Floriduh violates its own ban on ex post facto laws (Article 1 [DECLARATION OF RIGHTS] Section 10 [Prohibited laws], every time a new wave of Books’ laws are passed.
How do retroactive laws, that heap punishments onto registered citizens, deter anyone from committing a sex offense? There is no logic here. It’s all hate directed at a minority of the population deemed by the media and mob rule to be sub-human.
Very well
Said thank you for sharing
I, for one, am glad that lowlife POS was recommended the death penalty! Donald Smith has been in and out of prison since the 1970s for basically the same sex crimes and the state of Florida let’s him out time and time again to molest MORE kids!?
And the more this sick bastard was in the news, the worse it made the 95% of us rsos look in the eyes of an already paranoid society thanks to a**holes like channel 4 here in jackoffville who’s “expert” investigation cronies make duval county well aware of “pedos in your neighborhood”.
As for Donald Smith being the ONLY guilty party? Remember folks, Rayne was the one STUPID enough to entrust her 9 year old daughter to a COMPLETE STRANGER!!!
What parent in these times is ignorant as THAT!? So yes, Cherishes own mother is EQUALLY to blame for the events that proceeded. Kinda reminds me of back in ’81 when Adam Walsh disappeared from a Hollywood, Florida shopping mall; John and his trophy wife were too lazy to keep an eye on their (probably spoiled) son and some scumbag abducted him when he wandered off somewhere. And crybaby John Walsh began Florida’s progressive sex crime laws and regulations.
Whether Donald Smith actually IS given the death penalty, he WILL die regardless. This case wad broadcast STATEWIDE and wherever he goes, I’m certain he will be instantly recognized and IF there is a god, he will hopefully suffer a WORSE fate than poor Cherish did!!
As for Mary and her “critique” of sex offenders? That’s no big shock. 90% of those AGAINST sex offenders are WOMEN and REPUBLICANS.
EDUCATE YOURSELF MARY OR S.T.F.U!!!!
Yes I agree the parents that have children but don’t want to raise them but get angry if some one does some wrong to their child makes no sense
Yet it does not give anyone the right to abuse or sexual be with a child
Js Smith,
I respectfully suggest you reconsider your point of view. Donald Smith is not the reason for passage of laws that exact more vengeance than societal benefits. That’s on society at large.
I advocate patience. It takes time to educate the society against misconceptions. And only when society’s opinion turns can we realistically expect politicians to stop drafting “tough” crime laws to get easy votes. In the meantime, some forward thinking informed politicians have taken a stance on “vengeance” tainted laws and so we must not lose hope that this too can continue.
As regards Mr. Smith I can only believe his is a tortured soul who needs help. If he would respond to such then then it should be offered. If not, then separating him so he causes no further harm is the humane way. I do not condone any behavior that hurts others. But unless you are saying you have never caused harm than I find your point of view of Mr. Smith highly judgmental. While you may think the harm you caused to be less than others, there may be others that opine differently.
So it may be better to not point finger and react emotionally with a holier than thou belief. Instead let us all that are with FAC work together, with a common spirit and goal. Let us educate and encourage passing of smart efficient laws that prevent future abuses and allow registered citizens to become contributing members of society. Let use our great passions and efforts towards these tough tasks and not waste it on infighting. We need every drop of energy, time, and effort to turn the tide against this current wave of laws and misconceptions that threaten to drown registered citizens! And let us remember that there have already been drownings due to vigilantes. And I fear there have also been more than one self-drowning by registered citizens looking to escape the tsunami of difficulties being a registered citizen bring.
Together we can inform and convert minds and change laws. I feel FAC’s slogan has truth and meaning. With unity comes change! Let us unite in spirit and goal. That will make us stronger and help us all!!
Actually what really happened is a over aggressive south Florida based reporter stated false stats on recidivism concerning this crime and case and riled up Tally to immediately vote in new SO Laws. Then she won awards. The Sun Times got all the praise. And for fact, none of these laws has deterred any sex crime from happening. JEV
Dear Florida Action Committee,do you really think Donald Smith and his crimes had anything to do with new laws coming out?Who do you blame for all the newer laws that came out after Donald Smith was forgotten?Who do you blame for all the laws that came out before Donald Smith?Who will you blame for all the laws to come?All the laws you speak of would have come out anyway.The monster on our backs has been getting bigger and stronger every day that goes by.These new laws will keep coming and coming and there is not a thing we can do about it.What makes your crimes more noble than Donald Smiths crimes?When you think of Donald Smith you should feel fortunate that you do not have the severe issues as he.We are all in the same boat no matter how severe our crimes were,I suggest you stop blaming others for your crimes.
Bruce,
We’re not blaming others for our crimes. We’re blaming him for HIS crimes!
Donald Smith used his mother’s vehicle to commit the crime. In direct response, the legislature added the requirement that every vehicle in the household (whether or not owned by the registrant), any vehicle regularly used or any vehicle rented, be registered IN PERSON. Check the legislative history and discussion.
We naturally can’t speak for everyone, but what makes our crimes more noble (which is an odd choice of words on your part, perhaps “less heinous” may be more appropriate) is that 99% of us didn’t murder our victims. Many of us have no direct victims. We’re not passing judgment on anyone or excusing sexual offending of ANY form. Donald Smith had MULTIPLE convictions for sex offenses, along with pages of criminal history, who abducted, sexually assaulted, murdered and dismembered his victim. We don’t feel he’s representative of the majority (or even a fraction of a percent) of those on the registry.
In Missouri right now there is a convicted murderer who is up for release after 35 yrs in prison for the murder of two girls 12 and 15 , also charged with rape .Whether or not he would be on the SOR I don’t know. Some of the family are fighting his release.He killed with a hammer. These type criminals are the ones we all should be concerned about but law makers are focusing all there efforts on minor offenses which do not protect children or anyone else. I don’t think anyone on this sight wants to see children or any one else abused or killed. To do that we need to direct our efforts at the problem not shooting bullets in the air. So far politicians are shooting bullets in the air and waisting money and time ,so things keep happening.
Sometimes law enforcement hires criminals to help them narrow in on a certain crime problem . People on the SOR are in the best position to be able to help but laws have cut them off from society even cut off there communication via Facebook etc. they have no voice . The problem doesn’t improve,so the question is do they want to solve the problem?
I was a juror on this trial nobody has asked for our thoughts as of yet
Curious for you to share your thoughts.
As far as listings all the information on vehicles that is the most asinine law ever purported by total idiots. I have access to numerous vehicles at any time on any day. I do mechanic work on vehicles so people bring me there vehicles and drop them off. Some I charge to fix many I don’t charge anything especially for friends and my kids . I have 7. I could be driving any of these at any time . Some are dropped off for several days. Anyone else Too could be driving any number of different vehicles at any time all legally. To be required to list the vehicles you have access to is insane as that list would have to be updated several times per day to be of any use at all.
Reply
Dear Florida Action Committee,,,,,,,
The State of Alaska enacted its own SORA in 1994 pursuant to the Wetterling Act.
The Alaska SORA required the sex offender to provide information about vehicles to which he had access,
In 1994 Florida Action Committee, Was this law passed In 1994 caused by Donald Smith and his crime????????His crime was committed in 2013.
Alaska SORA came out in 1994.I wonder how many other sates enacted laws concerning information about vehicles to which we have access before Donald Smith, 2013.
Like I stated earlier, these laws would have came out eventually anyway. It just took the monster in your state extra time to think of something, anything extra to look tough on crime, get more votes, ,more money and the monster is not done yet, it will come up with even more laws and more restrictions and it will not let up until the Supreme court rules in our favor. But do not be surprised if and when the Supreme court sits on this subject again and votes as the same. The monster is so big and has a whole world backing it, how could they possibly favor the sex offender in front of the whole world?
Dear Florida Action Committee,,,,,,,
The State of Alaska, like many other states, enacted its own SORA in 1994 pursuant to the Wetterling Act
The Alaska SORA required the sex offender to provide information about vehicles to which he had access,
In 1994 Florida Action Committee, Was this law passed In 1994 caused by Donald Smith and his crime????????His crime was committed in 2013.
Alaska SORA came out in 1994.I wonder how many other sates enacted laws concerning information about vehicles to which we have access,
Like I stated earlier, these laws would have came out eventually anyway. It just took the monster in your state extra time to think of something, anything extra to look tough on crime, get more votes, ,more money and the monster is not done yet, it will come up with even more laws and more restrictions and it will not let up until the Supreme court rules in our favor. But do not be surprised if and when the Supreme court sits on this subject again and votes as the same. The monster is so big and has a whole world backing it, how could they possibly favor the sex offender in front of the whole world?
Somehow I missed hearing about Smith and his murder and rape of a little girl. Only through this form did I learn about this evil in Mr. Smith that allowed/ gave himself permission to commit such a revolving act.
As I try to wrap my mind around trying to find a cause in his soul that would make it ” ok” ; how did he finally give his self permission to commit this evil .
Then I remembered a man who was recommended to receive a Parole but told the Parole Board he wanted no parole and requested that he remain in Prison until the Maximum term of his sentence had arrived.
I asked him , why would you do that? What are you afraid of out in the ” free world ” that makes you want to finish your sentence? He, as a matter of fact, told me that he is a ” drug addict” and he will be using drugs at his first chance when he is released. That if he is on Parole and he is found in violation of Parole then he will be sent back to Prison for a two more years. His mind set was ; that he doesn’t want to stop or change his destructive choice to use drugs and his chances of getting caught while on Parole was assured. However, if he does one more year he will ” Max Out” and in his mind the chance of being caught will be very small.
I didn’t see , I didn’t understand his way of thinking, but it worked for him…he gave his self a reason to refuse Parole… because that’s who he is, that’s what he does and damn the consequences.
This brings me to something that my Phycologist in Sex Offender Therapy/State Group said one day. She talked about re- offenders; most of you here may never commit a sex offense, because you now have insight as to how and why you gave yourself permission to commit your offense/offenses. However, having said that, there is also sex offenders, drug addicts, armed robbers,con- men who will re- offend…”because that’s just who they are”
I , like a great majority of SOs made a very bad choice. I made it ok in my mind, I gave myself permission an didn’t see or understand that there would be pain caused by my selfishness,that I will and did cause my victim.
I’ve learned to believe that some people make very bad choices without understanding or even taking into consideration the emotional pain that their selfish action caused their victim. Then…there are those who continue to commit these offenses… because that’s who they are! And , yes I do understand why people would be judgmental to ” all forms of criminal sex offenders”… because.. what if…that’s just who he is.
Thank you for your insightful opinion. I feel the same as you but didn’t know how to articulate my feelings as you did.