Prosecutor Mark Caliel intends to introduce four minutes of the recording. The force used during the strangulation was so strong that Cherish suffered skin abrasions as well. In 2018, at the beginning of jury selection, counsel renewed Smith's motion for change of venue, but the court again deferred a ruling. Before the ruling, however, it was revealed how the brutal brunette beauty had accumulated a stash of X-rated photos while obsessively pursuing her uninterested ex-lover. Then he did. Before trial began, Smith also filed a motion in limine to prevent the State from offering autopsy photos of the victim. Here Are The Details Of The Trial. At trial, the State may make comments that "are based on evidence introduced at trial and are relevant to the circumstances of [the crime]." Less than a month after 8-year-old Cherish Perrywinkle was abducted and slain, the state removed her two younger sisters from their mother's care. The prosecution filed a noticed, stating they intended to seek the death penalty, citing 6 aggravating factors. Smith had been released from prison just 21 days before he abducted and murdered the little girl and had been on the sex offenders register since 1993. If he is convicted he could face the death penalty in the state of Florida. WebCherish Lily Perrywinkle. Within those four minutes, Caliel said Smith is engaged in a conversation about young girls and says, Id like to run into her at Walmart. In another part of the recording, the other inmate is asking Smith whether his victim had a butt. Id. The trial court denied Smith's motion. We have also found fundamental error when a court provided an inaccurate definition of a disputed element of a crime in a jury instruction. In a desperate call to police, the girl's mother revealed how she fears the worst has happened to her daughter. The CCTV footage documents the last time the child was seen alive. We cannot say this was an abuse of discretion. In the final point on appeal, Smith argues that the cumulative effect of the errors in this case deprived him of a fair trial. at 1292 (quoting Reese, 694 So. It's all part of thesecond day of the trial of Donald Smith, the man who's accused oftaking the girl from her family at a Northside Walmart,raping her, and leaving her dead in water near a church. Meanwhile, the man accused of the brutal murder of the girl "decided to turn his back when autopsy pictures were shown", according to sources in court. Perez v. State , 919 So. Next, Smith argues that the State made inappropriate comments in its opening statement and in closing argument. Cherishs mother called 911 late in the night before and reported that her daughter was missing. Maddox v. State , 760 So. liberty supermarket birmingham; loveland accident reports ; delta caravans. He says the WebThe young girl was allegedly abducted from a Northside Walmart by Smith, 61, who pretended to be a good Samaritan. 2d at 287 (denying motion for change of venue in Gainesville after a defendant murdered five students despite overwhelming media attention and the fact that "every member of the venire had some extrinsic knowledge of the facts and circumstances surrounding this case."). Families that had never met the Perrywinkles stopped by their home with groceries. Here, on balance, the Rolling factors weigh in the State's favor. WebCherish Lily Perrywinkle, age 8, went to be with her Lord and Savior June 22, 2013 in Jacksonville, FL. Much of the pretrial publicity in this matter occurred five years before jury selectionin 2013, right after Cherish Periwinkle was murdered. JACKSONVILLE, Fla. -- (WJXT) -- Photos taken as the Medical Examiner worked to learn how an 8-year-old Jacksonville girl spent the final moments of her life will be shown to the jury during the trial of the man accused of kidnapping, raping and killing her, a Duval County judge decided Thursday. 3d 67 (Fla. 2010) (upholding admission of photographs of victim's dismembered body to show premeditation and consciousness of guilt); Jackson v. State , 545 So. Action News Jax facebook feed(Opens a new window), Action News Jax twitter feed(Opens a new window), Action News Jax youtube feed(Opens a new window), Six things we learned after two days of the Cherish Perrywinkletrial, She had a lot for a white girl,' Smith tells inmate in jailhouse recording. Jurors Cry Over Autopsy Photos On Day 2 in the trial of Donald Smith, many female jurors cried when graphic autopsy photographs of Cherish Perrywinkle were shown in court Tuesday. On cross-examination, the defense confirmed there was no foreign DNA under Cherishs finger nails. Mother testified Smith wanted Cherish to try on women's heels. Hours later, at 11.18pm that evening, the girl's mother Rayne called 911 desperately looking for the child, whom she says was last seen in the company of Smith. 2d at 685 (Fla. 1997). Media outlets also covered the effect of the murder on the local community, and the community's outreach to Rayne. I don't understand why he would leave right now unless he's going to rape her and kill her. Devastating footage was released during the trial last year showing the moment the young girl was approached while out with her mother and sisters. at 1278-88. [1] She was seen on CCTV cameras leaving the store with a man named Donald James Smith who was later See art. My daughter has the same dress.. He claimed hed buy the girls clothing with a gift card. Smith had been on the sex offenders list since 1993. The questionnaire asked about jurors knowledge of the case and witnesses, and about any opinions they had formed about the case and the death penalty. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Smith's defense team continues to ask for a change of venue, citing the pre-trial media coverage in the case, but Cooper said the court must try to find a jury in Duval County before that will be considered. Donald James Smith, 61, faces the death penalty if he is found guilty of first-degree murder, kidnapping and sexual battery, reported The Washington Post. 2d 1, 12 (Fla. 2003). 3d at 521 ). #DonaldSmith @ActionNewsJax pic.twitter.com/9ZASbNMgah. Smith faces the death penalty. 2d 516, 530 (Fla. 2008) ; see also Bush v. State , 295 So. 2023 www.jacksonville.com. 2023 Cox Media Group. Terms of Use | 2d 970, 980 (Fla. 1999) (finding no abuse of discretion in failing to grant a mistrial after a friend of the victim suffered an emotional breakdown when asked to identify an accused while testifying in front of a jury). Because of the nature of the case. Lawsuit Alleges Man Froze To Death In Alabama Jail. RAW VIDEO: Emotional testimony from medical examiner in Cherish Perrywinkle trial First Coast News 166K subscribers Subscribe 77K views 4 years ago Sources from the courtroom claim the man accused to the childs horrific murder turned his back when autopsy pictures were shown. He gagged her, raped her, he sodomized her, then he strangled her. Cooper said she expects about 300 jurors to fill out the questionnaire by the end of Monday. The U.S. Supreme Court has declined to take up an appeal in a high-profile case involving an 8-year-old Jacksonville girl who was abducted from a Walmart and raped and murdered. Rayne was unaware that Smith was a registered sex offender and was behind bars very recently. Cherish's mother later told police she was struggling to buy clothes for her daughters when Smith overheard and offered to buy them for her. 2d 903 (Fla. 1981) (holding photograph of victim's decomposed body admissible to corroborate testimony as to how death was inflicted). 2d 573 (Fla. 2008) (finding appellant's Brady [v. Maryland , 373 U.S. 83, 83 S.Ct. Czubak v. State , 570 So. Dr. Rao explained that she had testified in hundreds of cases as an expert witness, providing her opinion on various potential causes of death. December 24, 2004 June 22, 2013 IN THE CARE OF Hardage-Giddens Riverside Funeral Home & Riverside Memorial Park Cherish Lily Perrywinkle, age 8, went to be with her Lord and Savior June 22, 2013 in Jacksonville, FL. I hope to God he doesn't kill her and I hope to God he doesn't rape her, she told the dispatcher. 0. 2d 366, 369 (Fla. 2002) (quashing a district court's decision after the court provided a definition of "maliciously" in conflict with a previous Florida Supreme Court decision). During closing argument, the State at one point stated, "And from the grave she's crying out to you, []Donald Smith raped me. At his trial, the court was shown video of the moment Smith led the child away from her family while out shopping. The long read: DNP is an In the case, her body was found in a tidal creek, partially clothed, in six inches of water. Cherish was not seen alive again. After the ten-minute recess, Dr. Rao resumed her testimony without further interruption. Webcherish perrywinkle reddit biology unit 4bi0 paper 1br mark scheme. Last March, the Florida Legislature passed a new law requiring a unanimous recommendation from a jury before a judge could hand down the death penalty. However, they never returned. Cherishs body was transported to the states medical examiners office for an autopsy. "I'm sorry, I need to take a break. Here, Smith claims that the prosecutors comments amounted to improper "golden rule" arguments, which impermissibly persuade jurors to "place themselves in the victim's position during the crime and imagine the victim's suffering." Floyd v. State , 850 So. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! Troedel v. State , 462 So. Where multiple errors are discovered, it is appropriate to review the cumulative effect of those errors because even with competent, substantial evidence to support a verdict, "and even though each of the alleged errors, standing alone, could be considered harmless, the cumulative effect of such errors [may be] such as to deny to defendant the fair and impartial trial that is the inalienable right of all litigants in this state and this nation." Lee was able to get a full DNA profile of Smith from samples that were sent to the lab. He put the odds at one in 35 quintillion that the DNA belonged to someone else. Yet a prosecutor's words may, indeed sometimes must, elicit an emotional response from the jury. I shouldve told him no, she had told a 911 operator, but my girls need clothes so bad. 2d 89, 98 (Fla. 2000). After conducting a Spencer hearing, the trial court entered a sentencing order accepting the jury's recommendation and imposing the death penalty. 2d 538, 549 (Fla. 2007) (holding that State's comments describing victim's murder and last moments alive were not improper because they were based upon facts in evidence); see also Mosley , 46 So. In it, she said she felt like a fool. Eight-year-old Cherish Perrywinkle Was Kidnapped, Raped, And Murdered In 2013. We have jurisdiction. If swallowed, it can cause a horrible death - and yet it is still being aggressively marketed to vulnerable people online. H. Kate Bedell and Richard Randall Kuritz of Law Offices of Bedell & Kuritz, Jacksonville, Florida, for Appellant Ashley Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, Florida, for Appellee, H. Kate Bedell and Richard Randall Kuritz of Law Offices of Bedell & Kuritz, Jacksonville, Florida, for Appellant, Ashley Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, Florida, for Appellee. For other inquiries, Contact Us. The State later called a crime laboratory analyst, who testified that Smith's DNA was found on and inside Cherish's body. @ActionNewsJax pic.twitter.com/h4PmYloq4y, Jenna Bourne (@jennaANjax) February 12, 2018. During her testimony, she described in detail what the poor girl suffered before her death. 2d 392, 399 (Fla. 1984) ; see also F.B. That is the case here. From vegan to keto, which diet has the highest carbon footprint. She died after she sustained tremendous force on her neck such that she could not breathe.. The State ultimately introduced twenty-six photos of Cherish's various injuries, including pictures of her exposed skull and trachea. Donald James Smith appeals his judgment of conviction and sentence of death. We affirm. CANADY, C.J., and POLSTON, LAWSON, COURIEL, and GROSSHANS, JJ., concur. Smith is charged with first-degree murder, kidnapping, and rape. In exercising discretion regarding a change of venue, "a trial court must make a two-pronged analysis, evaluating: (1) the extent and nature of any pretrial publicity; and (2) the difficulty encountered in actually selecting a jury." The trial court committed no fundamental error in failing to grant Smith's motion for change of venue. 3d 510, 520 (Fla. 2009). Because there was no ruling on the motion, the issue was not preserved and the trial court's failure to grant Smith's motion is reviewed for fundamental error. This case is not like the one cited by Smith, where a witness's outburst injected into the proceedings a concern for the emotional distress of another sufficient to distract the jury from its work as finders of fact. Dr. Valerie Rao testified against Smith. This beautiful young girl who had her entire beautiful life ahead of her fell into the hands of a predator. Cherish was born December 24, 2004 and her mom called her the Best Christmas gift. When the prosecutor made the statement at issue, she knew that Rayne Perrywinkle was slated to testify and that Rayne's testimony and 911 call recording would attest to the terror she felt when she realized Cherish was missing. Popular in the Rayne was at a Dollar General with her three daughters when Smith noticed they were putting clothes back on the shelf because she couldn't afford them. A week later on Thursday, Judge Mallory Cooper denied the defense motion. Smith has advanced no specific allegations of prejudice, and there is no evidence that the media exposure actually tainted Smith's trial. Context matters in evaluating a trial court's exercise of discretion in evidentiary rulings. 2d 134, 137 (Fla. 1970). Surveillance cameras caught Smith leading her to his van, as well as the two of them driving away. There were multiple photographs of Cherish's genitals and throat, but these pictures were necessary to demonstrate the extent of the damage done to her body during the sexual battery and to support the medical examiner's explanation of the time period and force required to strangle her to death. "); see also Patrick v. State , 104 So. According to a police report, Smith brought the girl out of her familys sight while shopping at that Walmart. See Darden , 477 U.S. at 181, 106 S.Ct. Hamilton v. State , 703 So. He had been released from prison 21 days before Cherish's murder and is now facing the death penalty. Instead, at 10:44 p.m., he vanished with Cherish. During the initial hearing on the autopsy photos last week, the computer monitors were turned away from the public and the media, but Roe explained in detail what the images depicted: broken blood vessels as a result of strangulation, hickeys on a part of Cherishs body and the impact of the rape on her lower body. He allegedly lured both mother and daughter by offering to buy them new clothes. There were many areas of injury uncovered during the testimony, from scrapes and bruises that Rao believes were the result of Cherish being transported to where her body was found, to ant bites that happened after her death. Rao could not determine what exactly was used, but she determined the bruise pattern was wide, and generally consistent with an article of clothing, like a t-shirt. However, as is the case with most trial objections, an objection to the trial court's denial of a motion for a change of venue must be preserved for appellate review. WebCherish Lily Perrywinkle was an 8-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2013. Looking at her genital area and her anal area, she had so much trauma, the anatomy was totally distorted by the injury that she sustained both to her vaginal area and her anus, Rao testified. It got late and the Perrywinkles had not eaten, so Smith said he would buy them all cheeseburgers at a McDonalds inside the store. 2d 925, 928 (Fla. 1990). The trial court held a hearing on the motion for change of venue, but reserved ruling until after jury selection. Smith was arrested and charged with kidnapping, sexual battery of a person under twelve, and first-degree murder. Three hundred potential jurors completed these questionnaires. 3d 1046, 1062 (Fla. 2012) ("[P]hotographs depict[ing] the skin of the victim's head pulled back to reveal his skull and the entire torso opened to reveal his upper chest were provided to demonstrate the internal injuries sustained since they were not otherwise visible."). WebDonald Smith's trial in the murder of Cherish Perrywinkle is set to begin Monday. I need just 5 minutes." Police later issued an Amber Alert for the 8-year-old girl that came to an end when the child's body was discovered near a tidal creek of the Trout River off Broward Road. Rhodes v. State , 986 So. We review the denial of a motion for mistrial for abuse of discretion, and "[a] mistrial is appropriate only where the error is so prejudicial as to vitiate the entire trial." The mother of 8-year-old Cherish Perrywinkle, who was abducted from a department store and killed; the hidden health epidemic that is killing She suffered severe injuries, abrasions and contusions all over he body after being strangled with a piece of clothing, tortured and raped. See Rogers v. State , 957 So. Jun 24, 2013, 12:25 PM EDT Remembering Cherish Lily Perrywinkle See Gallery. We evaluate rulings about the admissibility of evidence for abuse of discretion, and "[t]his Court has long followed the rule that photographs are admissible if they are relevant and not so shocking in nature as to defeat the value of their relevance." 2012). While testifying to the injuries that Cherish sustained, Dr. Rao paused, took a breath, and asked to take a break. Webcherish perrywinkle reddit biology unit 4bi0 paper 1br mark scheme. Rao said Cherish was strangled, forcibly raped, sodomized, and suffered blunt force trauma to the back of her head. He has a history of preying on young children that goes all the back to the 70s. 2d 481, 484 (Fla. 1960) ). Such complete failure of the evidence meets the requirements of fundamental error ."). There are five factors to be considered when evaluating pretrial publicity: (1) when the publicity occurred in relation to the crime and the trial, (2) whether the publicity was made up of factual or inflammatory stories, (3) whether the publicity favored the State's side of the story, (4) the size of the community exposed to the publicity, and (5) whether the defendant exhausted all of his peremptory challenges in seating the jury. WebSmith boasts about the rape and murder charges he faces in the death of 8-year-old Cherish Perrywinkle, comparing himself to notorious offenders like Casey Anthony. Outlets in Panama City, Tallahassee, Orlando, Tampa, and Miami reported on the murder. 2d 836, 850 (Fla. 2002) ("Because strangulation of a conscious victim involves foreknowledge and the extreme anxiety of impending death, death by strangulation constitutes prima facie evidence of HAC."). He was shopping at Walmart the night #CherishPerrywinkle disappeared. Smith objected to the comment on the grounds that it was argumentative, and the court overruled the objection. The court was also shown graphic images of the state of the childs body, leading jury members to gasp in horror and break down in tears. 3d 179, 214 (Fla. 2020) (finding an appellant entitled to no relief on his cumulative error claim when each of his individual claims of error was meritless). WebJacksonville Chief Medical Examiner Dr. Valerie Rao testified that Cherish Perrywinkle sustained severe injuries from being strangled and raped. cherish lily perrywinkle autopsy report km We and our partnersstore and/or access information on a device, such as cookies and process personal data, such as unique identifiers and standard information sent by a device for personalised ads and content, ad and content measurement, and audience insights, as well as to develop and improve Rao says she actually went out to the scene where Cherish was recovered. RELATED: Sad New Details About The Man Who Murdered His Girlfriend After Stabbing His Parents At A Family Birthday Party, I dont want her to have to go through anything she doesn't have to go through, Smith told Judge Mallory Coper. Full title:DONALD JAMES SMITH, Appellant, v. STATE OF FLORIDA, Appellee. During the trial, the audio from Raynes 911 call played. UPDATE: Initial She had been hidden underneath a log, grass, and rocks. The trial court never ruled upon Smith's motion for change of venue and Smith did not renew his objection, thus the issue was not preserved for appellate review. Cherish's autopsy photos were relevant to the brutality of her rape and the premeditation of her murder, as well as the heinous, atrocious, and cruel nature of the crime. Nor did the Eleventh Circuit find any part of that closing argument to be a due process violation. Berube v. State , 5 So. Instead of stopping to buy food, police said, Smith walked Cherish outside and the two of them got into his van. In 1977, Smith was convicted of lewd behavior toward a minor. Your California Privacy Rights / Privacy Policy. Meanwhile, the man accused of the brutal murder of Dr. Valerie Rao performed the autopsy of 8-year-old Cherish Perrywinkle back in 2013, and today, she walked jurors through photos and details of her findings regarding the child's death. Similarly, we found fundamental error when evaluating "a conviction imposed upon a crime totally unsupported by evidence." During the autopsy, Rao also examined Smith Thus, notwithstanding substantial and negative media coverage about Smith and the facts of the case, the size and diversity of the community from which the venire was drawn, the long delay between the initial publicity and trial, and the fact that Smith sought no additional peremptory challenges all weigh in favor of concluding that the trial court would not have abused its discretion had it denied the motion to change venue. Here, the State was not making an impermissibly inflammatory statement; rather, the prosecutor was previewing what Rayne herself would soon explain. at 928 ; see also Seibert v. State , 64 So. Id. By Heather Nann Collins. A Florida man who was convicted of kidnapping, raping and killing 8-year-old Cherish Perrywinkle has been sentenced to death for first degree murder and sexual battery convictions. While, absent such context, the photographs at issue in this case seem numerous, the reality is that most of the photos identified separate injuries on Cherish's body. 3d 242, 257 (Fla. 2012) ). Jury selection begins Monday. In court, Raynes 911 call to the dispatcher was played. Sanford v. Rubin , 237 So. Cherish Lily Perrywinkle was a beautiful eight-year-old girl who was abducted from a Walmart store on the night of June 21st and tragically murdered. The court explained that no golden rule violation had occurred because "the prosecutor did not impermissibly invite the jury to place themselves in the victim's shoes. " Id. Link your TV provider to stream full episodes and live TV. Rayne said the girls had not had dinner and Smith offered to take them to the McDonalds inside the store. The court administered a jury questionnaire to screen potential jurors for concerns arising from exposure to media reports. V, 3(b)(1), Fla. Const. Cherish was a loving Cherish did not die quickly, and she did not die easily. He walked away with Cherish and she was not seen again after that. Unlike the cases above, here, the interests of justice were not jeopardized by counsel's failure to obtain a ruling on Smith's motion for change of venue. Cherish was just Suggest a correction. The jury deliberated for nineteen minutes before unanimously finding Smith guilty of kidnapping, sexual battery of a person under twelve years old, and first-degree murder. He raped and strangled her. We affirm Smith's judgment of conviction and sentence of death. When officers searched the area with K9s, they found Cherish Perrywinkle dead. 2d 1038, 1041 (Fla. 1997). Even CNN and Fox News picked up the story. She did not state why she was requesting a break, and when testimony resumed, Dr. Rao spoke clearly and did not appear to the jury to be in any emotional distress. Comments that "invit[e] the jury to imagine the victim's final pain, terror and defenselessness" are prohibited. On appeal, Smith raises the following five claims: (a) the trial court abused its discretion in denying Smith's motion for change of venue; (b) the trial court abused its discretion in denying Smith's motion for mistrial during the medical examiner's testimony; (c) the trial court abused its discretion by denying Smith's motion to exclude autopsy photos; (d) the trial court abused its discretion by overruling an objection to the prosecutor's opening statement and committed fundamental error by not granting a mistrial during the prosecutor's closing statement; and (e) the cumulative effect of the errors in the case deprived Smith of a fair trial. []" Counsel for Smith did not object to this statement, and indeed presented no closing argument. Generally, we review a trial court's ruling on such a motion for abuse of discretion. Summation is intended to review evidence and draw inferences, but, like opening statement, "must not be used to inflame the minds and passions of the jurors so that their verdict reflects an emotional response to the crime or the defendant rather than the logical analysis of the evidence in light of the applicable law." Defendants have no constitutional due process right to correct an unpreserved error, and appellate courts should "exercise discretion under the doctrine of fundamental error very guardedly." 2d 936 (Fla. 1984) (ruling photographs of blowup of bloody gunshot wound to victim's face admissible to corroborate medical examiner's testimony); Straight v. State , 397 So. About an hour of surveillance footage from Walmart was played during the trial. He lured the child away from her mother with the promise of new clothes after overhearing the mother complaining of being unable to afford new dresses for her daughters. All I could do was stand by her & preserve the evidence, Wilkie said. Later in the proceedings, the State called Dr. Rao to testify to the extent of Cherish's injuries. Id . The images were so disturbing that the medical examiner giving evidence about the injuries sustained looked so traumatised that she needed a break in proceedings. Todays testimony was clearly difficult for some of the jurors, with many openly shedding tears as the autopsy photos were put in front of them. Rayne knew her daughters fate was most likely grim. Miller v. State , 161 So. As Dr. Rao testified, the State introduced twenty-six pictures of Cherish's autopsy into evidence. With Jeff Conrad, Jeff Conrad, Erik Ermantrout, Erin Faupel. Smith is accused of befriending Cherish's mother, Rayne Perrywinkle, at a Dollar General store the night before his arrest and, with promises to buy Perrywinkle and her children food and clothes, persuading the family to go with him to a Walmart on Lem Turner Road. Dr. Rao had performed Cherish's autopsy and had been present at the creek when her body was recovered. The young girl was allegedly abducted from a Northside Walmart by Smith, 61, who pretended to be a good Samaritan. WebCherish Lily Perrywinkle. Cherish was being weighed down with asphalt chunks and buried beneath a log. 3d 948, 952 (Fla. 2008) ("The trial court did not err in concluding that evidence of strangulation alone may be sufficient to support the HAC aggravator. The court denied the motion. The medical examiner asked for a short break while giving evidence after the disturbing and graphic images shown at the Florida court left her visibly traumatised. He has pleaded not guilty. See Rolling , 695 So. Four of the jurors ultimately chosen for Smith's trial had not heard of the case at all. When officers searched the area with K9s, they found Cherish Perrywinkle dead. Donald James SMITH, Appellant, v. STATE of Florida, Appellee. I need just 5 minutes.". Here, we find no basis upon which to make that conclusion. She said that Smith had been hovering around her and her three children while they shopped at Family Dollar earlier in the day. 2d at 513 ; see also Jones v. State , 998 So. Smith argues next that the trial court improperly denied his motion to exclude autopsy photographs used during Dr. Rao's testimony. [T]his court has consistently upheld the HAC aggravator in cases where a conscious victim was strangled. ") (quoting Bowles v. State , 804 So. liberty supermarket birmingham; loveland accident reports ; delta caravans. Rayne Perrywinkle grew suspicious when the pair did not return and dialed 911. He told me I was safe, she said in court on Monday. He had just been released from prison three weeks prior to Cherishs death after serving a year in jail for impersonating a public employee and attempting to cause mental harm to a child.