JACKSONVILLE, Fla. – A panel of 12 jurors and four alternates was seated Friday to hear the first-degree murder trial of Donald Smith.
The panel of eight black women, one Hispanic woman, four white men and three white women were told they would see and hear explicit evidence in the death of Cherish Periwinkle, who was abducted, raped and murdered in June 2013.
Smith sat in court, listening intently as his defense team questioned 77 potential jurors remaining in the pool for the jury on the fifth day of jury selection. Defense attorney Julie Schlax. showed the potential jurors a picture of Cherish.
"I imagine from the time you sat in the chairs on Monday and realized we were going to be talking about an 8-year-old child that no longer walks this earth, that’s emotional, gut wrenching," Schlax told them.
Both prosecutors and defense attorneys emphasized to the jury candidates that Smith is considered innocent until proven guilty.
"We want you to be as certain as possible that you come into this courtroom with an open mind that you can be fair to the state of Florida and to Donald Smith," Assistant State Attorney Mark Caliel said.
The defense had expressed concern that an impartial jury of 12 members, plus alternates, can't be found in Duval County, where media coverage of the shocking crime has been extensive. But on the fifth afternoon of the process, a jury was seated.