Motion after motion... after motion. The defense team for the man accused of raping and killing 8-year-old Cherish Perrywinkle, presented the court with arguments about HOW to treat Donald Smith, in his upcoming trial. The biggest fight, is against the state's request for the death penalty. Smith was in court today for this routine hearing... What's not routine, is what we heard Smith tell his mother after his initial arrest. According to a police report, Smith said he would PREFER to be on death row. Channel 4's Kent Justice watched as the state attorney's office answered each claim by defense lawyers. He joins us LIVE from the courthouse...Kent? 3 3 3 The hearing started late - then stretched past an hour this afternoon - as Donald Smith's attorney asked for very careful handling of a notorious case. 3 00-0519-3146-56TAKE NATS SOT Donald Smith shuffled into court and sat behind his lawyer - as Fred Gazaleh flipped page after page of motions he filed with the court.Judge Mallory Cooper patiently walked through each request - while prosecutor Mark Caliel answered most of the with, "The state objects." TAKE SOT Mark Caliel / Prosecutor Gazaleh decided not to speak to Gazaleh decided ProsecutorCaliel / Prosecutor Gazaleh decided not to speak to reporters after the hearing - but during his reading of the motions, he asked that jurors be kept from seeing gruesome photographs.Local defense lawyer Rhonda Peoples-Waters - not involved in this case - says she can see both sides.TAKE SOT Rhonda Peoples-Waters /defense attorney TAKE SOT The judge did not announce when she will rule on the motions.The attorney tell me they expect her written response in the next week or two.The trial is scheduled to begin in May. 3 Kent, you mentioned the attorney disagreed on most of the motions filed.What seemed to be their biggest dispute?