JACKSONVILLE, Fla. – The man accused of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle last year has waived his right to have the jury sequestered.
Donald Smith appeared at a pretrial hearing Tuesday morning. He will have another pretrial hearing next month but won't be required to attend.
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Smith's trial is scheduled to begin Jan. 20. The prosecution is seeking the death penalty.
Prosecutors said Smith abducted Cherish after telling her mother they were going to get something to eat at the McDonald's inside a Northside Walmart. He was caught on surveillance camera leaving the store with the girl and driving away in his van, prosecutors said.
Cherish's body was found the next morning by a church at nearly the same time Smith was stopped in the van and arrested.