JACKSONVILLE, Fla. -

A trial date has been set for Donald Smith in the kidnapping and killing of 8-year-old Cherish Perrywinkle.

At a pretrial hearing Tuesday, Smith's trial was set for May 12.

His defense lawyers are trying to block prosecutors from seeking the death penalty.

The next pretrial was set for Jan. 6.

Smith is accused of kidnapping Cherish from a Northside Wamart in June, then dumping her body near a church off of Broward Road.