"IN JUDGE ROSS’ CHAMBERS AT THE MCMINN COUNTY COURTHOUSE ON WEDNESDAY, MR. DELASHMITT AGREED THAT HE HAD BEEN DRINKING AND SMOKING MARIJUANA ON JUNE 19, 2003, THE DAY ANGEL DIED.
A NEIGHBOR CAME OVER TO BORROW A LAWNMOWER AND THE TWO SMOKED AND DRANK, HE SAID. THE SAME NEIGHBOR CAME BACK LATER TO ASK FOR A RIDE AND HAD TO SHAKE HIM AWAKE, MR. DELASHMITT SAID. WHEN THEY SEARCHED FOR MR. DELASHMITT’S DAUGHTER, THEY FOUND HER BODY ABOUT 70 YARDS AWAY IN A POND, HE TOLD THE JUDGE.
MR. ELDRIDGE SAID THAT THE CHILD HAD BEEN WALKING SINCE 10 MONTHS AND WAS KNOWN TO CHASE AFTER DOGS AND OTHER CREATURES.
IN PREVIOUS HEARINGS, TWO FORENSICS EXPERTS, INCLUDING THE STATE’S CHIEF MEDICAL EXAMINER, TESTIFIED THE CHILD DIED BY DROWNING AND THAT THERE WAS NO RAPE. THEY SAID DR. TOOLSIE’S AUTOPSY WAS WRONG AND THAT THE CHILD HAD WATER IN HER LUNGS, INDICATING DROWNING."
REPORTER RANDALL HIGGINS: THE CHATANOOGA TIMES FREE PRESS; Wikipedia informs us that "The Chattanooga Times Free Press is a daily broadsheet newspaper published in Chattanooga, Tennessee, and is distributed in the metro Chattanooga region of Tennessee and Northwest Georgia. It is one of Tennessee's major newspapers."
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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 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 was charged with raping and killing the infant. 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 mother and grandmother of Angel Mae Delashmitt are agonized that the man charged with rape and murder in her 2003 death pleaded guilty Wednesday to lesser charges," the Chatanooga Times Free Press story by reporter Randall Higgins, published earlier today, begins, under the heading, "Questionable autopsy ends trial."
"“I am not happy about what happened,” Annette Beloat, Angel’s grandmother, said after rape charges were dismissed and Mitchell Delashmitt pleaded guilty to reckless homicide and child neglect," the story continues.
"The McMinn County resident received a combined five-year prison sentence with nearly four years’ credit for time already served.
Staff photo by Tim Barber/Chattanooga Times Free Press - Mitchell Delashmitt, left, sits solemnly beside Defense Attorney John Eldridge in the McMinn County Courtroom following a plea agreement concerning the 2003 death of his 14 month-old daughter. The trial suddenly and unexpectedly ended and the family is not satisfied. "She still hasn't had justice," according to Annette Beloat.
The sudden end of the 7-year-old case came Wednesday when prosecutors learned they had no medical evidence to back up the rape charge.
Criminal Court Judge Carroll Ross explained that the state’s medical expert, Dr. Ronald Toolsie, could not testify because his license had been suspended in Georgia and, under reciprocity laws, would be suspended in Tennessee, as well.
Dr. Toolsie also is under indictment on drug charges in Hamilton County. His attorney told prosecutors that Dr. Toolsie would not have testified anyway in the Delashmitt case except to exercise his Fifth Amendment right not to answer questions and not to incriminate himself.
“Dr. Toolsie’s problems became more than the state of Tennessee could overcome,” McMinn County Assistant District Attorney Jim Stutts said.
“There was nothing the DA could do about it because of Dr. Toolsie,” Ms. Beloat said. “We are still going to fight to have the laws changed. We have to get out there and raise awareness. He (Mr. Delashmitt) walked on this because of one doctor’s mistakes.”
Mr. Delashmitt’s attorney, John Eldridge, spoke for his client after the unexpected turn of events, his client sitting motionless beside him in the courtroom.
“Mr. Delashmitt is relieved it is over,” Mr. Eldridge said. “He feels terrible, absolutely terrible about the loss of his daughter; that he fell asleep. He and his family have not been able to grieve. Now, they can grieve.”
When Mr. Delashmitt was arrested in 2003, he said he had fallen asleep when he was supposed to be baby-sitting Angel Mae. He later confessed to the rape and murder charges, but Judge Ross threw out the confession in 2007 because Mr. Delashmitt was denied an attorney before he made the statement.
In Judge Ross’ chambers at the McMinn County Courthouse on Wednesday, Mr. Delashmitt agreed that he had been drinking and smoking marijuana on June 19, 2003, the day Angel died.
A neighbor came over to borrow a lawnmower and the two smoked and drank, he said. The same neighbor came back later to ask for a ride and had to shake him awake, Mr. Delashmitt said. When they searched for Mr. Delashmitt’s daughter, they found her body about 70 yards away in a pond, he told the judge.
Mr. Eldridge said that the child had been walking since 10 months and was known to chase after dogs and other creatures.
In previous hearings, two forensics experts, including the state’s chief medical examiner, testified the child died by drowning and that there was no rape. They said Dr. Toolsie’s autopsy was wrong and that the child had water in her lungs, indicating drowning."
The story can be found at:
http://www.timesfreepress.com/news/2010/may/13/questionable-autopsy-ends-trial/
Harold Levy...hlevy15@gmail.com;
