A Washington Township man convicted of killing his girlfriend's toddler is getting a second chance in court after dozens of autopsy photos were withheld.
In 2013 Ronald Dimambro was watching 2-year-old Damien Sutton at his parents' home while the child’s mother was at work.
Damien suffered severe head trauma.
Thirty two autopsy photos weren’t given to Dimambro’s attorney Rodney Rodnick.
Rodnick says it’s very rare for photos to go missing, but thinks it was just a mistake.
"The autopsy pictures, if you're missing some, are crucial to the case and, of course ,my expert just reviewed the records that he had. This is the evidence, so he reviewed whatever records he had and obviously some were missing and the Court of Appeals decided that it was crucial,” Rodnick says.
Nicole Sutton, Damien’s mother says she’s not ready to talk.