UP-DATE; THE MITCHELL DELASHMITT CASE; (TENNESSEE); NEW TRIAL POSTPONED UNTIL NOVEMBER 30. DISCREDITED FORMER MEDICAL EXAMINER PLAYED ROLE IN CASE;

"THE AUTOPSY REPORT BY FORMER MEDICAL EXAMINER RONALD TOOLSIE HAS ALSO COME INTO QUESTION. IN THE PAST FEW YEARS, SEVERAL AUTOPSIES PERFORMED BY TOOLSIE HAVE COME UNDER SCRUTINY. ACCORDING TO THE COURT OF APPEALS OPINION ON THE CASE, SEVERAL PROFESSIONAL WITNESSES FOR THE DEFENSE CONTESTED TOOLSIE'S REPORT THAT ANGEL DELASHMITT HAD BEEN RAPED AND DIED FROM SHAKEN BABY SYNDROME. DOCTORS FOR THE DEFENSE GAVE STATEMENTS ABOUT MEDICAL CONDITIONS THAT COULD HAVE LED TO TOOLSIE'S REPORT OF RAPE. THEY ALSO SAID CERTAIN ASPECTS OF AN AUTOPSY WHERE NOT DONE BY TOOLSIE WHICH COULD HAVE CHANGED THE RESULTS OF THE AUTOPSY. IN FEBRUARY 2009, THE TENNESSEE BOARD OF MEDICAL EXAMINERS SUSPENDED TOOLSIE'S LICENSE ON THE GROUNDS OF UNPROFESSIONAL, DISHONORABLE, OR UNETHICAL CONDUCT."

REPORTER JEREMY BELK; THE DAILY POST ATHENIAN;

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Background: This Blog is following several cases involving former Tennessee Medical Examiner Ronald Toolsie - including Mitchell Delashmitt and Gussie Vann. Forensic experts also accuse Toolsie of botching the autopsy of 14-month-old Angel Delashmitt, who was found dead in a McMinn County pond in 2003. Angel's father is charged with raping and killing the infant and is awaiting trial. Death row inmate Vann was granted a new trial after a judge ruled his defense attorneys did not provide an adequate challenge to claims that he raped and murdered his 8-year-old daughter in 1992. Vann was granted a new hearing after forensic experts testified there were flaws in the state's handling of evidence following Vann’s daughter’s death, which was originally reported as an accidental hanging. The experts said there were no signs of sexual abuse as originally reported in the autopsy prepared by former medical examiner Toolsie.

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The Daily Post Athenian reports that Mitchell Delashmitt's trial, set to begin next week, has been moved to Nov. 30.

"A trial for Mitchell Delashmitt, who is accused in the 2003 death of his infant daughter, was set to have begun on Tuesday but now has been moved to Nov. 30," the story, by reporter Jeremy Belk, begins.

"Delashmitt was released on a $15,000 bond in February 2007 after being held in the McMinn County Justice Center since June 2003 in the murder and rape of his 14-month-old daughter, Angel," the Sept. 2, 2009 story continues.

"He was also being held on charges of child abuse and abuse of a corpse. He had been held on $100,000 prior to the bond being lowered. Criminal Court Judge Carroll Ross said Delashmitt had to stay in McMinn and Meigs counties but could travel to Knoxville to see his lawyer.

Members of the 10th Judicial District Attorney's office said Tuesday the case had been rescheduled at the defense's request.

Delays have stemmed from court proceedings revolving around the legality of a statement Delashmitt gave to investigators days following the death of his daughter.

According to initial reports, Delashmitt said he had been watching his daughter and fell asleep. He was later awakened by a neighbor who stopped by and noticed the girl was missing. She was found later in a nearby pond.

However, Delashmitt later made a statement detailing how he had raped the 14-month-old and she later died after being shaken to be quiet.

The defense has claimed Delashmitt was denied proper representation at the time the statement was given.

Ross ruled the statement was not admissible in court. Later, an appeals court upheld that ruling.

In a January 2008 Court of Criminal Appeals report on the State of Tennessee v. Mitchell Delashmitt, Judge James Curwood Witt Jr., wrote that Delashmitt's right to counsel under both the Fifth and Sixth Amendments had been violated. He said the statement given by Delashmitt was obtained in violation of the defendant's right to a prompt judicial determination of probable cause under both Rule 5 of the Tennessee Rules of Criminal Procedure and the Fourth Amendment.

Witt wrote, "Further, the record mandates the suppression of the defendant's statement on a number of grounds."

The judge's opinion affirms the judgment of the trial court suppressing Delashmitt's statement made to investigators.

The autopsy report by former Medical Examiner Ronald Toolsie has also come into question. In the past few years, several autopsies performed by Toolsie have come under scrutiny.

According to the Court of Appeals opinion on the case, several professional witnesses for the defense contested Toolsie's report that Angel Delashmitt had been raped and died from shaken baby syndrome. Doctors for the defense gave statements about medical conditions that could have led to Toolsie's report of rape. They also said certain aspects of an autopsy where not done by Toolsie which could have changed the results of the autopsy.

In February 2009, the Tennessee Board of Medical Examiners suspended Toolsie's license on the grounds of unprofessional, dishonorable, or unethical conduct.

The report found on the Tennessee Department of Health Web site states Toolsie must meet certain terms and conditions before his license can be reinstated and must appear before the board in person."

The story can be found at:


http://www.dailypostathenian.com/dynamic/News/Story/158065


Harold Levy...hlevy15@gmail.com;