UPDATE: MITCHELL DELASHMITT CASE; TRIAL POSTPONED ONCE AGAIN; BELEAGUERED MEDICAL EXAMINER DECLINED TO TESTIFY; CHATANOOGA FREE PRESS REPORTS;

"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.".............

"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."

CHATANOOGA FREE PRESS;

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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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"ATHENS, Tenn. — The trial of a man accused of raping and killing his 15-month-old daughter has been postponed until May," the Chatanooga Free Press story published earlier today under the heading "Trial postponed for man accused of raping, killing daughter" begins.

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

"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."

http://www.timesfreepress.com/news/2010/feb/01/trial-postponed-man-accused-raping-killing-daughte/?breakingnews

Harold Levy...hlevy15@gmail.com