Monday, August 2, 2010

RONALD TOOLSIE: PROSECUTORS DROP CONTROLLED SUSBSTANCE CHARGES AGAINST FORMER MEDICAL EXAMINER; OPINION HAD BEEN CHALLENGED IN SEVERAL MURDER CASES;

"He (Ronald Toolsie) had been charged with 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 on Oct. 28.

His attorney, Charles G. Currier, recently filed a motion asking for dismissal of the first two counts on grounds that the General Assembly had changed the law so they were no longer crimes.

Prosecutor Brian Finlay said he agreed with the motion that the action of the Legislature had "decriminalized" those two counts.

He said the state did not have enough proof to proceed on the third count."


THE CHATANOOGAN;

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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. Mitchell Delashmitt, Angel's father, was charged with raping and killing the infant. Mitchell Delashmitt was permitted to plead guilty on lesser charges in May 2010 - in return for time served plus probation - because prosecutor's not only faced expert opinions contradicting his Toolsie's opinion but were confronted with the reality that Toolsie's medical licence had been suspended. 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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"Charges were dismissed on Tuesday against a former medical examiner and pathologist who had been charged with fraudulent activities involving prescription drugs," the Chatanoogan story filed earlier today under the heading, "Charges Dismissed Against Former Medical Examiner Toolsie," begins.

"Dr. Ronald Toolsie, 50, of 2049 Igou Crossing Dr., Chattanooga, appeared before Criminal Court Judge Rebecca Stern," the story continues.

"He had been charged with 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 on Oct. 28.

His attorney, Charles G. Currier, recently filed a motion asking for dismissal of the first two counts on grounds that the General Assembly had changed the law so they were no longer crimes.

Prosecutor Brian Finlay said he agreed with the motion that the action of the Legislature had "decriminalized" those two counts.

He said the state did not have enough proof to proceed on the third count.

The prosecutor noted that civil penalties had earlier been assessed against the defendant.

The Tennessee Bureau of Investigation had opened an investigation into Dr. Toolsie’s prescription activities in November of 2006. He surrendered his DEA registration at that time. Health-related boards later suspended his license.

He had served as a medical examiner for the district including Bradley County."


The story can be found at:

http://www.chattanoogan.com/articles/article_181133.asp

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;