Mother reacts to DCF's report about treatment of Donald Smith

Smith accused of sexually assaulting, killing 8-year-old Cherish Perrywinkle

JACKSONVILLE, Fla. - A mother who has dedicated her life to helping local families protect their children from predators is weighing in on the findings of a report of a suspected child killer.

Donald Smith is accused of abducting, sexually assaulting and killing 8-year-old girl Cherish Perrywinkle.

Within a 44-page report from the Department of Children and Families, one psychiatrist recommends Smith be deemed a sexually violent predator and documents several accounts where he smuggled drugs into prison and refused to participate in treatment.

Channel 4's Adrienne Moore spoke with Diena Thompson, whose daughter Somer was kidnapped and killed three years ago by a stranger.

Thompson said she has been relentless in her effort to better protect children from predators. She said these reports show one red flag after another, that Smith was dangerous and would re-offend.

"My monster wasn't on paper like this -- should've been -- but hadn't been caught yet. So yeah, this is bad," said Thompson.

One glance at the documents released by DCF about Smith had Thompson's blood boiling.

DOCUMENT: DCF report on Donald Smith treatment

"He's a predator," said Thompson. "We worry about our kids going in the ocean for sharks and in the fresh water for alligators and on their bikes, but he's a predator right here on dry land."

Thompson's daughter, Somer, was kidnapped and killed by Jared Harrell back in 2010. Since then, she's turned her personal tragedy into action through the Monique Burr Foundation, where she regularly teaches families how to protect their children from predators.

"One adult taking this class is going to better protect 10 children, so that's what I want them to take away," said Thompson. "The right to protect their child and know how to do it."

According to the DCF documents, at least one prison psychiatrist wanted Smith (pictured, right) deemed a violent sexual predator in 2006, but a team of mental health experts did not agree with that recommendation.

They said based on their evaluations, Smith did not meet the state's criteria of an SVP. The state attorney at the time, Harry Shorstein, didn't pursue it.

Thompson said all the proof they needed is expertly weaved throughout Smith's own comments to the staff.

"People who are able to prey upon other people like this, not only Cherish, but also, her mother, they know exactly what to say," said Thompson. "These people who perpetrate these crimes against children have shown time and time again that they can't and don't want to be rehabilitated."

When Smith was asked if he still had sexual fantasies, his reply was "No comment," and didn't express any desire or need for treatment saying, "This program wouldn't be able to touch the treatment modalities I've been through."

"I wish that especially in a case like this, that he's not allowed to necessarily deny the treatment and there has to be a way around that," said Thompson. "I don't know what we could do to fix that, obviously if I could, I would do that yesterday."

With Smith now accused in the kidnapping, murder and sexual battery of Perrywinkle (pictured, left), Thompson believes the system needs to change.

"Until we hand down the punishment that we actually give, we can pass all the laws we want to, but it's like a restraining order -- it's a piece of paper. They can walk through a restraining order," said Thompson. "We have to figure out where it's broken exactly, and how to fix it."

Smith is scheduled to be back in court on Sept. 4.

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