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ANGEL DELASHMITT - 14 months (2003) - Athens TN

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ANGEL DELASHMITT - 14 months (2003) - Athens TN Empty ANGEL DELASHMITT - 14 months (2003) - Athens TN

Post by TomTerrific0420 Wed Feb 03, 2010 2:47 pm

ATHENS, Tenn. - A judge has postponed the
trial of an East Tennessee man charged in the rape and slaying of his
14-month-old daughter.

Mitchell DeLashmitt's trial in McMinn County will not held before May 11 and might be delayed longer.

Jury selection was to start Tuesday.

Delashmitt
was arrested in June 2003 after the body of his daughter, Angel, was
found in a pond at his rural residence. Delashmitt originally told
officers he fell asleep while watching her. He later gave another
statement that led to the rape and homicide charges.

In 2007,
the judge threw out Delashmitt's statement to investigators, saying his
request for legal counsel was ignored. He has since been free on bond.

* * * *

ATHENS, Tenn. - An East Tennessee man charged in the rape and
slaying of his 14-month-old daughter goes on trial Tuesday. The
government's case is hindered by an alleged police blunder and a
disputed autopsy report.

Motions
in the case against Mitchell Delashmitt are to be discussed at a Monday
hearing in Athens. Barring a schedule change, jury selection for his
trial starts Tuesday.

Delashmitt was arrested in June 2003 after
the body of his daughter, Angel, was found in a pond at his rural
residence. Delashmitt originally told officers he fell asleep while
watching her. He later gave another statement that led to the rape and
homicide charges.

In 2007, the judge threw out Delashmitt's
statement to investigators, saying his request for legal counsel was
ignored. He has since been free on bond.
TomTerrific0420
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ANGEL DELASHMITT - 14 months (2003) - Athens TN Empty Re: ANGEL DELASHMITT - 14 months (2003) - Athens TN

Post by MililaniGirl Mon Apr 25, 2011 7:51 pm

Jury selection starts for Delashmitt trial

by The Daily Post-Athenian on Tuesday, May 11, 2010 at 5:37pm



Tuesday, May 11, 2010

Jeremy Belk Staff Writer

After numerous delays, the McMinn County Criminal Court trial of Mitchell Delashmitt will begin this week. He is charged with rape and murder in the 2003 death of his 14-month-old daughter, Angel Delashmitt, whose body was found in a pond near the family's home.

Monday, 10th Judicial District Criminal Court Judge Carroll Ross heard motions from Delashmitt's attorney, John Eldridge, and Assistant District Attorney John Stutts.

Jury selection began today at 9 a.m. to select the 12 jurors and four alternates to hear the trial.

On Monday, Eldridge read several motions he has filed in the case over the past few years. Eldridge asked that the 10th Judicial District Attorney's office be recused because of Attorney General Steve Bebb's involvement in the case as a Criminal Court judge in 2003 when Angel Delashmitt's death occurred.

According to Eldridge, Bebb had ordered Delashmitt held without bond when autopsy results were released.

Judge Carroll Ross said while Bebb was involved early as a judge, the case was presented to the Grand Jury and Ross was assigned as the judge for the case. Ross asked Stutts if Bebb was going to take part in the case or be in the courtroom. Stutts said he was not sure if Bebb would be present but he felt Bebb would not be involved in the trial.

Eldridge also asked for documentation of any documents detailing conversations held with Hamilton County or McMinn County prosecutors regarding former Medical Examiner Ronald Toolsie, who has been under scrutiny for his handling of the Angel Delashmitt autopsy. He was also arrested last year by the Tennessee Bureau of Investigation on prescription drug fraud.

Stutts said he has confirmed that charges have been filed against Toolsie and is of the understanding Toolsie has filed for a pretrial diversion. Toolsie's medical license is currently in a probationary status with the state.

Eldridge also said State Medical Examiner Bruce Levy is unavailable for court. Levy has questioned Toolsie's autopsy results in court proceedings involving the Delashmitt case. Levy and other doctors have stated the autopsy results don't suggest Angel Delashmitt died from blunt force trauma to the abdomen, shaken baby syndrome, and rape as Toolsie suggested in his report. Pathologists refuting Toolsie have stated they believe the infant died from drowning, as the baby was allegedly found in a pond 70 yards from the home.

Levy was arrested earlier this year on drug charges stemming from marijuana found in his possession.

Eldridge said Levy has been subpoenaed but his attorney stated he was "unavailable" because he was in a treatment center in Georgia.

Ross asked if Levy was court-ordered into the treatment center or if he checked himself in. He added if Levy had checked himself in, then he was available and should appear in court.

Eldridge asked if Levy's statements before the Medical Examiners Board could be used in place of his appearance. Ross said Eldridge had planned to use Toolsie's legal issues to discredit him and it would only be fair that Levy's legal issues be questioned by the state.

Eldridge also asked for several documents in which did not have copies. Ross said he needed to subpoena the information today and it would be made available.

Ross granted a motion to disallow certain information regarding the alleged rape of Angel Delashmitt. He also granted a motion to exclude items found in the Delashmitt home prior to a consent to search warrant was signed.

Stutts said he expects jury selection to take most of Tuesday. He added he expects opening statements to begin Wednesday.



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ANGEL DELASHMITT - 14 months (2003) - Athens TN Empty Re: ANGEL DELASHMITT - 14 months (2003) - Athens TN

Post by MililaniGirl Mon Apr 25, 2011 7:54 pm

Dad gets 4 yrs. for Rape-Murder of 14-month old daughter.



Dad cops plea bargain in rape-murder of his 14-month-old daughter; will serve just 4 YEARS in prison (Athens, Tennessee)

Dad MITCHELL DELASHMITT has pleaded guilty to reckless homicide and child neglect in the rape and murder of his 14-month-old daughter. He was sentenced to time served--just 4 STINKING YEARS. Is that all this baby was worth? Disgusting. Talk about getting away with murder....
Plea bargain reached in Athens rape-murder case
Associated Press - May 12, 2010 5:12 PM ET

ATHENS, Tenn. (AP) - An East Tennessee man charged in the rape and murder of his 14-month-old daughter pleaded guilty Wednesday to lesser charges and was sentenced to time served.

Mitchell Delashmitt pleaded guilty to reckless homicide and child neglect, and was sentenced to time served - some four years.

According to The Daily Post-Athenian, a plea bargain was reached Wednesday morning before a jury was chosen.

Delashmitt was arrested in June 2003 after the body of his daughter, Angel, was found in a pond at his home in McMinn County. Delashmitt originally told officers she wandered away when he fell asleep while baby-sitting. He later gave another statement that led to the charges.

Prosecutors said they decided to proceed with the plea agreement over concerns about the competency of Dr. Ronald Toolsie, who conducted the autopsy on the girl. It concluded she died of shaken baby syndrome.
Read more at dastardlydads.blogspot.com
http://lisamichels.amplify.com/2010/05/13/dad-gets-4-yrs-for-rape-murder-of-14-month-old-daughter/
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ANGEL DELASHMITT - 14 months (2003) - Athens TN Empty Re: ANGEL DELASHMITT - 14 months (2003) - Athens TN

Post by AngelMaesMomma Thu Nov 08, 2012 1:24 am

TomTerrific0420 wrote:ATHENS, Tenn. - A judge has postponed the
trial of an East Tennessee man charged in the rape and slaying of his
14-month-old daughter.

Mitchell DeLashmitt's trial in McMinn County will not held before May 11 and might be delayed longer.

Jury selection was to start Tuesday.

Delashmitt
was arrested in June 2003 after the body of his daughter, Angel, was
found in a pond at his rural residence. Delashmitt originally told
officers he fell asleep while watching her. He later gave another
statement that led to the rape and homicide charges.

In 2007,
the judge threw out Delashmitt's statement to investigators, saying his
request for legal counsel was ignored. He has since been free on bond.

* * * *

ATHENS, Tenn. - An East Tennessee man charged in the rape and
slaying of his 14-month-old daughter goes on trial Tuesday. The
government's case is hindered by an alleged police blunder and a
disputed autopsy report.

Motions
in the case against Mitchell Delashmitt are to be discussed at a Monday
hearing in Athens. Barring a schedule change, jury selection for his
trial starts Tuesday.

Delashmitt was arrested in June 2003 after
the body of his daughter, Angel, was found in a pond at his rural
residence. Delashmitt originally told officers he fell asleep while
watching her. He later gave another statement that led to the rape and
homicide charges.

In 2007, the judge threw out Delashmitt's
statement to investigators, saying his request for legal counsel was
ignored. He has since been free on bond.


I am Angel's Mother Becky. I never even knew this was on here. Thank You for getting my daughter recognition. The case may possibly be reopened soon. I am praying. Again Bless you for doing this

AngelMaesMomma
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ANGEL DELASHMITT - 14 months (2003) - Athens TN Empty Re: ANGEL DELASHMITT - 14 months (2003) - Athens TN

Post by babyjustice Thu Nov 08, 2012 5:20 pm

Becky, I hope and pray that justice is served for your sweet baby and the monster is sent to prison for life. I can't believe he is walking free when he RAPED and MURDERED a baby. So horrific.

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ANGEL DELASHMITT - 14 months (2003) - Athens TN Empty Re: ANGEL DELASHMITT - 14 months (2003) - Athens TN

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