A forensic exam to determine culpability and competency was ordered today for a Washington Township man accused in the fatal assault of his girlfriend?s 2-year-old son.
Ronald Dimambro, 26, continues to be held without bond on felony murder and first-degree child abuse in the Aug. 27 death of Damian Sutton, who died as a result of a homicide by blunt-force trauma to the head.
Sutton?s mother tearfully clutched a blue blanket to her chest during Dimambro?s arraignment in 42-1 District Court in Romeo. Damian?s family declined comment after the arraignment in the high-profile case. Dimambro?s mother and father also were in court but did not want to comment, said Randy Rodnick, his court-appointed attorney.
Damian died at Children?s Hospital of Michigan in Detroit, six days after Dimambro is accused of shaking and beating him while baby-sitting the toddler. Dimambro was originally charged with child abuse.
If convicted of the murder charge, Dimambro faces life in prison.
Judge Denis LeDuc agreed to a request by Rodnick for the forensic exam for Dimambro, who appeared in a dark blue jail jumper, tan flip-flops and with a beard and mustache.
Dimambro simply answered ?yes? when LeDuc asked him some questions. Rodnick entered a not guilty plea on behalf of Dimambro. A pre-exam conference was set for Sept. 26.
Rodnick said there were several reasons for the forensic exam request ? Dimambro was held in the mental health area of the Macomb County Jail when he first met him; Dimambro has not been given a razor to shave with while at the jail ? a red flag, Rodnick said, and Dimambro?s family indicated he may be bipolar. Rodnick said his client may have been treated for substance abuse and mental health issues at facilities in 2009 and 2012.
Rodnick said the biggest issue for him to review regarding his client is responsibility.
?At this time, all I?m interested in is any mental health issues that might affect the case,? he said.
County Prosecutor Eric Smith, who is trying the case himself, said the forensic exam would delay the case, but he doesn?t want anything to become an appellate issue.
?We?re gonna do everything we can to get justice in the case,? Smith said.
Smith met with Damian?s mother and father after the arraignment, mapping out what would happen next. He said the family is ?still extremely grief-stricken,? saying it?s a grief they will suffer the rest of their lives.
He previously talked with Damian?s mother, saying it ?is the most difficult conversation I?ve ever had.? He said she was showing videos of Damian and talking about him in the present.
Smith said he has been wanting to get back into the courtroom to try cases for a while, but it?s been difficult because of administrative and other duties that comes with an office that handles more than 23,000 cases a year.
He said this case has touched everyone in his office.
Source: http://www.freep.com/article/20130910/NEWS04/309100080/1001/rss01
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