Judge to Rule on ESP claims in Perrywinkle Case

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News Release: Associated Press
December 12, 2014

JACKSONVILLE, Fla. (AP) -- Attorneys representing a man accused of abducting and killing a Jacksonville girl want the child's mother to testify about previous statements that she is clairvoyant and foresaw her daughter's death.

Lawyers for 58-year-old Donald James Smith argue that jurors have a right to decide whether the mother might have taken steps to make her prophecy come true.

Smith, a sex offender, is charged with the June 21, 2013, rape and murder of 8-year-old Cherish Perrywinkle. Prosecutors say Smith lured the Perrywinkles to a Wal-Mart with promises to buy them food and clothing.

The mother, Rayne Perrywinkle, lost custody of her other children after the slaying.

The Florida Times-Union (http://bit.ly/1uwmRjm ) reports that the judge may call Rayne to the stand during the trial to determine whether her claims are admissible.

JACKSONVILLE, Fla. (AP) -- The mother of an 8-year-old Jacksonville girl who was abducted and slain will return to court this week in an attempt to regain custody of her two other daughters.

In her first extensive interview in nearly a year, Rayne Perrywinkle told the Florida Times-Union that people point and take photos of her in public. She says the public blames her for her daughter, Cherish's, death.

Donald James Smith, 57, is accused of killing Cherish after befriending her mother at a Dollar General store last summer. Police say he took the Rayne Perrywinkle and her young children to a Wal-Mart store, where he offered to buy clothes and food. The girl disappeared after she went with Smith to a McDonald's inside the store.

Her body was found the next day.

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