Trial postponed for man accused of raping, killing daughter

Trial postponed for man accused of raping, killing daughter

February 1st, 2010 by Staff Report in Local Regional News

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.