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Sleepwalking defense: Father who killed son, 4, acquitted of first-degree murder

2015-04-14 11 Dailymotion

A 50-year-old North Carolina man has been found not guilty in the murder of his 4-year-old son, after his lawyers successfully argued a “sleepwalking” defense.

The Durham jury also found Joseph Mitchell not guilty in the attempted murder of his two other children.

The court heard that Mitchell was sleepwalking and unconscious during the attack on his children. The defense presented evidence to show Mitchell suffered from stress and lack of sleep, which caused him to sleepwalk.

The prosecution argued that Mitchell wanted to kill his children because he viewed them as financial burden. They also argued that Mitchell never suffered from insomnia or sleepwalking prior to the murder, which took place in September 2010.

In explaining their decision to acquit, jurors said they believed the prosecution failed to prove intent and malice, which is required in first- or second-degree murder cases.

Some jurors said they would have convicted on a manslaughter charge had that been an option.

Following the verdict, Christine Perolini, Mitchell’s ex-wife who divorced him after the attack, collapsed and was carried from the courtroom on a stretcher.

Mitchell’s lawyer said Joseph Mitchell will seek to be reunited with his wife and his two surviving children, who are now teenagers.

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