JACKSONVILLE, Fla. (AP) - A Jacksonville judge refused the public defender's request to withdraw from the death penalty case of a man accused of raping and murdering 8-year-old Cherish Perrywinkle.
Circuit Judge Mallory Cooper on Wednesday rejected Public Defender Matt Shirk's concerns of a conflict in the case of 58-year-old Donald James Smith.
The judge's ruling says Shirk raised conflict concerns after Smith made statements to another inmate represented by his office.
Smith, a sex offender, is accused of killing Perrywinkle on June 21, 2013, after luring her family to a Wal-Mart with promises to buy food and clothing.
Smith took Perrywinkle to a fast-food restaurant inside the store; her body was found the next day.
The case is scheduled to start Jan. 20. Smith is charged with first-degree murder, kidnapping and sexual battery.
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