Donald Smith says he’s been denied basic medical care at the Duval County Jail, constituting cruel and unusual punishment.
The 60-year-old defendant said his repeated requests for medical attention were ignored, violating his constitutional rights.
Smith is accused of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle in 2013.
According to a filing by his attorney Julie Schlax, Smith suffers from a skin disorder that has increased in severity over the past five years. Schlax notes that he has “repeatedly requested medical intervention to stop the growth and severe symptoms that he suffers.”
Despite that, she says, “the only medical intervention he has received is a small tube of lotion. He has not seen a dermatologist, and this last three requests to seek medical intervention have been ignored.”
Judge Mallory Cooper issued an order granting the request for court intervention. She ordered that the jail “see that Mr. Smith has a medical professional at the jail today.” The order was filed Oct. 18, but just became available Tuesday.