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Attorney: Client can't get fair trial in case of slain Jacksonville girl


JACKSONVILLE, Florida — Attorneys say extensive media coverage of the case of an 8-year-old girl who was abducted, raped and killed, will make it impossible to seat a jury that can be fair and impartial to their client.

Donald James Smith faces a potential death sentence when he goes on trial April 4. Defense attorney Julie Schlax has filed a motion asking the judge to move the trial to Miami-Dade County.

Smith, a 59-year-old registered sex offender, is accused of killing Cherish Perrywinkle after luring her family to Wal-Mart with promises to buy food and clothing.

He's charged with first-degree murder, kidnapping and sexual battery.

The Florida Times-Union ( ) reports Smith's attorney claims the media "did everything in its power" to tell its audience about Smith without telling his side of the story.

Information from: The (Jacksonville) Florida Times-Union,

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