Right to speedy trial waived in Cherish case

Donald Smith appears in court in killing of Cherish Perrywinkle

Published On: Sep 04 2013 10:46:39 AM EDT   Updated On: Sep 04 2013 12:06:31 PM EDT
Donald Smith in court - Sept. 4

The attorney for the man accused of kidnapping and killing 8-year-old Cherish Perrywinkle waived his right to a speedy trial during a pretrial hearing Wednesday morning.

The move is routine in death penalty cases.

Donald Smith appeared in court Wednesday for the hearing. His next court date was set for Oct. 15.

His lawyers are still seeking to seal discovery materials, such as 911 calls and surveillance video from the media.

Last month, attorneys for Channel 4 and the Florida Times-Union argued to make the evidence public record prior to the trial.