Man who raped, killed, 14 month old released from jail (confession thrown out)

[The Straight Story]

Family outraged after accused child killer released from McMinn Co. jail

By SONU WASU
6 News Reporter

Knoxville, TN
(WATE) -- The family of a 14-month old girl who was raped and murdered is now lobbying for change after the accused killer, her father, was released from the McMinn County jail.

Authorities say Angel Mae Delashmitt was raped, tortured and killed. Her father, Mitchell Delashmitt, was charged in 2003 after an investigation. He's been in custody until now, when his confession was thrown out.

Family members are outraged, saying Tennessee has lax laws when it comes to child abusers.

...
In a written confession to investigators, Mitchell Delashmitt, said he was watching porn, smoking a joint and drinking when he sexually assaulted his 14-month old child.
...
The autopsy report states that Angel died of blunt force trauma to her stomach. She also had injuries consistent with shaken baby syndrome.

http://www.wate.com/Global/story.asp?S=6071448&nav=0RYv

I won't let my anger take over my keyboard and say what I want to happen to him.

[Big Pappa]

1. These

type of people are worse than rabid dogs. I hope they have enough evidence to recharge him.

[intaglio]

2. From what I remember of this case he is probably guilty

BUT confession evidence is tricky and if that is the only evidence that the local law enforcement bothered to gather then the fault lies with the investigator not the legal system.

[tkmorris]

5. I 100% agree

We must remain rational about this. I know they didn't WANT to throw out the confession, there must have been serious issues with it. I do not know if this man is guilty or not, but if they want to jail him for the crime they must follow the rules and get a conviction. Otherwise, he walks. That is the only way to protect innocent people from an over-zealous police force and prosecutors looking to gain politically from convictions. Do it by the book or the suspect goes free.

[incapsulated]

3. Ok, I googled some more details....

Unless they are saying this was a forced, false confession, this is an outrage. But it seems that IS what they are saying:

WHY JUDGE ROSS TOSSED CONFESSION

We've heard a lot in the past week about McMinn County Circuit Court Judge Caroll Ross's decision to toss out the confession made by Mitchell Delashmitt, who is accused of raping and murdering his 14-month-old daughter, Angel, and putting her body in a pond in 2003. The court records in the case show that Judge Ross really had no choice but to throw out the confession. The records indicate a number of delays and improper procedures on the part of the McMinn County Sheriff's Department. Delashmitt was originally charged with criminally negligent homicide. His family contacted attorney Randy Rogers, who met with Delashmitt one time. Delashmitt was held in a holding cell with no windows at the McMinn Justice Center for 90 hours before making the confession. The lights were on constantly, making it difficult for him to sleep. He was offered food, but had not eaten for several days. He was not allowed to take a shower. The court records say his IQ is only 78. He was questioned several times by a deputy, but there is no indication that detectives ever talked to him. Judge Ross says once a suspect has a lawyer or says he wants a lawyer, all questioning must cease. The judge ruled that Delashmitt's rights under the 4th, 5th, and 6th Amendments to the U.S. Constitution were violated and that's why he threw out the confession.

http://www.wyxi.net/

He could still be guilty, but this sounds like a real fuck up, here.

[wakeme2008]

4. IMHO your anger should be directed at the Police in this case

Very hard to tell the full story from that article, but IMHO the Judge did not lower the bond to $15,000 in a death case IF he thought the person would be found guilty at trial....

Just my opinion.

[ProdigalJunkMail]

6. can we PLEASE stop posting these sorts of stories

first thing in the morning? I know that is not a realistic request and it is my own damned fault for looking here, but every morning I come here (which I suppose I could stop doing) and see something that just makes me nearly spit out my coffee and completely lose hope for mankind.

I am not really asking you to stop...nor anyone. Just wish the world was a different place...

/rant

sP

<violent_tendency>
they should string the bastard up by his testicles...
</violent_tendency>

[wicket]

7. Effing sick!

:grr: :grr: :grr:

[maine_raptor]

8. I'm wondering something here.

I read both the original link and the one from wakeme2008. In both I noted the absence of something..........DNA evidence.

If this infant was "raped", then there should be some sort of DNA.

Was there is this case?

As post #4 notes, the defendant had an IQ of 78 and judging from the other info in that post was basically put through the same sort of things that is done daily at Gitmo.

There are quite a number of stories of law enforcement dragging "confessions" out of low IQ "suspects". Police wanting to "clear the books" have many times gotten confessions from such folks.

I'm not defending the guy here, just pointing out that maybe, just maybe, there's another side to this story.