published Monday, February 1st, 2010

Trial postponed for man accused of raping, killing daughter

ATHENS, Tenn. — The trial of a man accused of raping and killing his 15-month-old daughter has been postponed until May.

This is the third time the trial for Mitchell Delashmitt has been postponed. His new trial date is May 10.

State prosecutors asked for the continuance this morning, saying their key witness — the medical examiner who did the autopsy on the little girl — wasn’t going to testify because he is facing charges of his own in Hamilton County.

Dr. Ronald Toolsie was indicted in October 2008 on one count of unlawful distribution of a controlled substance, one count of failure to keep required records of controlled substances and one count of obtaining a controlled substance by fraud, according to the TBI.

Dr. Toolsie’s attorney advised him not to testify in the Delashmitt case, state prosecutors said today.

Mitchell Delashmitt’s trial on charges of raping and killing his 15-month-old daughter, Angel, in 2003.

Mr. Delashmitt was jailed for more than four years until an appeals court threw out his confession because he was not allowed an attorney during questioning.

His trial originally was set for September, then moved to December, then to February.

The state medical examiner’s office also has questioned the accuracy of the autopsy on Angel Delashmitt.

In February 2009, the state Board of Medical Examiners suspended the license of Dr. Toolsie, citing improper prescribing and poor recordkeeping.

For complete details, see tomorrow’s Times Free Press.

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Angelsfamily said...

As the family of Angel Dunn-Delashmitt. The family is asking that everyone call and write Judge Ross personally, Steve Bebb personally, and your legislators and tell them how outraged you are that he is out on 15,000 bond, which means it only took him a 1,500 property bond for a felony murder charge to get out of jail. And tell them we want him put back in jail until the trial, which will not happen May 11th because they scheduled it knowing that there where conflicts with the witness who could not testify that week. Angel could have been your granddaughter or daughter or any of your family. Please keep our family in your prayers and help us bring this monster to justice.

February 3, 2010 at 1:45 a.m.
jacdaniels said...

i heard about this on the news here in knoxville a week or so ago, and i just wanted to let the family know how bad i feel for you and Angel..this sick, pathetic individual should already be dead for such a horrific crime..i hope he burns in hell soon....again, i feel bad for the surviving family members that have to think about this crime every day! May God be with you!

jac

February 14, 2010 at 12:32 a.m.
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