Motion involving media filed in girl murder suspect's case

Published On: Aug 02 2013 05:14:20 PM EDT

Although Smith was arrested 4 times between 1977 and 1998 for sexually assaulting children, a team of mental health experts said he didn't fit the criteria of a sexual predator. Smith was charged with the murder of 8-year-old Cherish Perrywinkle.

JACKSONVILLE, Fla. -

The lawyer for Donald Smith, the man accused of abducting and killing 8-year-old Cherish Perrywinkle in June, has filed a motion to prevent media from obtaining some discovery materials in the case.

Among the materials are Walmart surveillance video of Smith leaving with Cherish that night, the 911 call to report her missing, any jail calls and any information from prior arrests.

There has been no hearing yet on the motion.

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

The state attorney's office will seek the death penalty against the 56-year-old, who was already a registered sex offender in Florida and had been released from jail only a month month before Cherish was kidnapped and killed.

Smith is being held in jail without bond. His next pretrial hearing is set for Sept. 4. A tentative trial date was set for Dec. 14.

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