Delashmitt trial postponements* First set in October 2004* Reset in May 2005* Reset in March 2006* Continued in February 2007* Continued in September 2009* Continued in December 2009* Continued in February 2010Source: McMinn County court documents
ATHENS, Tenn. -- A trial for a man accused of raping and killing his 15-month-old daughter has been postponed for the third time in six months.
The new trial date for defendant Mitchell Delashmitt is May 10, making it his eighth trial date since 2004.
McMinn County District Attorney Jim Stutts asked for the continuance Monday morning, saying the state's key witness -- the medical examiner who performed the autopsy on the little girl -- wasn't going to testify because he is facing charges of his own in Hamilton County.
"I'm as frustrated as both of you are," said Criminal Court Judge Carroll Ross to both Mr. Stutts and the defense attorney, John Eldridge.
But Judge Ross said it was only fair to postpone the trial for the state since, in December, it was postponed at the defense's request.
Mr. Delashmitt is being tried for charges of raping and killing his 15-month-old daughter, Angel, in 2003. He was jailed for more than four years until an appeals court threw out his confession because he was not allowed an attorney during questioning.
Last year, his trial was set for September, then moved to December, then to February.
The decision to postpone the trial was a shock to Mr. Eldridge.
"Mr. Delashmitt and I are very disappointed," he said. "We were ready to try this case and get it behind us."
The continuance was something of a shock to Mr. Stutts, too. He said he had not expected to ask to postpone the trial, after he was forced to after talking with former Bradley County Medical Examiner Dr. Ronald Toolsie, his key witness.
Dr. Toolsie was indicted in October 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 court records.
Because of Dr. Toolsie's looming case in Hamilton County, his attorney had advised him not to testify in the Delashmitt case, Mr. Stutts said.
He is being tried in Hamilton County Criminal Court and is scheduled to appear in court Wednesday, records show.
His indictment came after the state medical examiner's office 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 record keeping.
After Dr. Toolsie's case is determined, Mr. Stutts said he plans to have him testify in the Delashmitt case.