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TThe Defense "Rests" Its Case:
Sleep-Related Violence in the Judicial System

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Written by John Leganski

Can a sleepwalker commit murder? In the strangest of court cases, lawmakers and the public are left to rely on experts and research when determining the validity of sleep disorders as a defense for violent actions, including murder.

A man drives 14 miles to the home of his in-laws. He enters with a key he was given. Inside, the man bludgeons his mother-in-law with a tire iron and attempts to strangle his father-in-law. The woman dies, while her husband barely survives the attack.

The man, Kenneth Parks, then drives to a nearby police station, where he tells officers that he thinks he may have killed someone.

Less than a year later, a Canadian Jury hears the man's case and hands down a verdict on the charge of murder:not guilty.

Kenneth Parks walks free, thanks largely in part to his defense attorneys' ability to prove that Parks was, in fact, asleep at the time of the incident.[1]

The Legal Standpoint

Outside the courtroom, the scales always favor sleep!

The Kenneth Parks case is just one of many involving a defense of "homicidal somnambulism," the act of killing another while sleepwalking. This defense is one of automatism, or complex behavior being performed without conscious awareness or intent.

When applied in the courtroom, automatism takes one of two forms: non-insane or insane. Non-insane automatism is the result of external or extrinsic factors, while insane automatism is the result of an internal cause. Currently, most sleep-related episodes of violence are considered to be instances of non-insane automatism.

"If sleepwalking is deemed an insane automatism, then a significant percentage of the general population is legally insane," stated Dr. Mark Mahowald in his 2005 publication on sleep-related violence.[2]

Because sleepwalking is so prevalent, jurors could not reasonably interpret Parks' episode under the insane classification of the law. As such, Parks' defense plea was not regarded as a plea of insanity, thereby eliminating the option of sentencing him to a psychiatric hospital.

The Circumstances

Accordingly, the monumental and controversial decision in the Parks case was not one made hastily. Jurors had to consider a variety of factors, while relying heavily on the opinions of sleep medicine specialists, in an attempt to discern if Parks' story--that he was actually sleepwalking when he attacked his in-laws--was both plausible and genuine.

[Ken Parks - Violence During Sleep] Ken Parks walks free after the high-profile 1987 murder case that was appealed up to the Canadian Supreme Court.

One pertinent factor was Parks' high-level of stress around the time of the incident. He had recently accrued some very large gambling debts and was unemployed. He had hardly slept in the days leading up to the incident, and the defense argued that these circumstances led Parks to develop the insomnia, which can exacerbate the severity of a sleepwalking episode.

Other considerations included Parks' and his family's history of sleepwalking; an amnesia about the events, particularly about the deep cuts on his hands that he did not notice until arriving at the police station; and finally, a convincing testimony by his wife that claimed Parks would have no motive to kill her parents.

Combined, these factors swayed the jury. It was decided that Parks' actions were the result of asleep disorder of arousal. These disorders constitute a strange mixture of wakefulness and non-REM sleep in such a way that allows for one to perform complex behaviors without conscious awareness of those behaviors. And because the acts are performed without awareness, they are also performed without responsibility.[3]

(Learn more about the various types of sleep disorders.)

The decision was appealed to the Canadian Supreme Court, which upheld the initial "not guilty" ruling.

Since the Parks case, significant sleep research has been devoted to further pinpointing the causes of sleep-related violence. Recent studies reveal that over 2% of the adult population reports violent behaviors arising from the sleep period, far higher than previously estimated.[4]

Some other general trends associated with individuals suffering from sleep-related violence episodes include:

Amnesia for most of the event
Seemingly senseless behavior, without motivation
Perplexity and horror immediately following the event, with no attempt to conceal or cover up the events
Events fit the timing after sleep onset and the duration of the proposed explanation
Accompanying sleep deprivation
Episode last only around 30 minutes
Evidence of a sleep disorder (based on medical history or laboratory examination)[5]

Furthermore, it has been cited that sleep-related violence is more common in males than females, and patients most often fall between the ages of 15 and 44.[6]

In addition to sleepwalking and disorders of arousal, researches have cited other neurological conditions commonly associated with violent behaviors during sleep.

InREM sleep behavior disorder, for example, there is an absence of REM sleep atonia, which normally propagatessleep paralysis. This allows the individual to act out his or her dreams, in potentially dangerous manners.

One tragic example is the case of Brian Thomas, of South Wales, who strangled his wife in his sleep as he dreamed that he was fighting an intruder. His story was met with equal skepticism. But in the end-after psychiatrists acknowledged he suffered from REM sleep behavior disorder-Thomas was acquitted of all charges.

The Other Side of the Coin

Unfortunately, some individuals have attempted to abuse the automatism defense in their favor.

InArizona v. Falater, the defendant Scott Falater was convicted of murder after he brutally stabbed his wife with a knife and held her head under the water of their backyard pool.

Falater claimed to be sleep deprived, with a history of sleepwalking. Still, prosecutors questioned why he attempted to conceal the evidence in his car. Witnesses also spotted him motioning to his dog to lie down in the middle of the attack, suggesting some level of consciousness. The court ultimately found Falater guilty of first-degree murder.

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Moreover, beyond those trends previously mentioned, sleep experts and judges are very hesitant to release details about specific conditions that permit sleep-related violence, out of fear of copycat killings and illegitimate defense pleas.

Overall, the cases involving sleep-related violence and sleep disorders are among the most unusual in today's legal system. They have been judged differently in every region, and have varied based on the slightest of circumstances. And in all likelihood, such cases will remain highly subjective-a relative gray-area in the judicial system-until further sleep research can accurately determine an individual's consciousness at the time of an episode.

To better understand the spectrum of extreme overt behaviors that can lead to cases like those discussed above, experts have formed theSleep Forensics Association. You can check out their website to learn more about them and other case studies involving violence during sleep.

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Sleep apnea as a possible factor contributing to aggression in sex offenders

Booth BD, Fedoroff JP, Curry SD, Douglass AB.

Source

Royal Ottawa Health Care Group, Royal Ottawa Hospital, 1145 Carling Avenue, Ottawa, Ontario, Canada K1Z 7K4.

Abstract

Sleep disorders, such as obstructive sleep apnea (OSA), are often unrecognized and undertreated. A disruption in normal sleep may be associated with increased irritability and aggression. To elucidate further the impact of OSA on hostility of forensic patients, we performed a retrospective chart review of 10 consecutive outpatient sex offenders who were diagnosed with OSA and treated with continuous positive airway pressure (CPAP). The Buss-Perry Aggression Questionnaire was compared pre- and posttreatment. Following treatment, the total Buss-Perry score was significantly lower, with lower scores on the anger, physical aggression, hostility, and verbal aggression subscales. These results suggest that in sex offenders suffering from OSA, aggression and hostility may be significantly reduced through CPAP treatment. Further investigation is required to investigate if reducing aggression and hostility in this manner impacts recidivism and overall functioning.

Prison Is Sued Over Sleep Disorder A Fort Dix Inmate Said He Was Denied Treatment. He Also Fears Others' Reaction To His Snoring

By Angela Couloumbis, INQUIRER STAFF WRITER

CAMDEN — An inmate in the Federal Correctional Institution at Fort Dix has sued the prison, contending that its staff ignored a medical condition that causes him to snore loudly and uncontrollably, which in turn draws the ire of other inmates.

George Davis, 58, who is serving a five-year sentence for possession of cocaine with intent to distribute, wrote in his lawsuit that he suffered from sleep apnea, a condition marked by irregular breathing and snorting that often halts breathing for brief periods. Sleep apnea, Davis said, also causes him to regurgitate food.

Davis said the prison's medical staff repeatedly turned him away from the infirmary without giving him medication. One night when Davis woke up choking on food, the suit says, a member of the medical staff told him ``that he had better quit eating.'' During another visit, it says, a prison doctor told him that ``there was no time to deal with snoring problems.''

Davis, who was transferred to Fort Dix in November 1997 from another federal institution, said his medical condition had caused him anxiety and insomnia because other inmates had kicked him, dumped him from his bunk, poured hot water on him, and once set his bed on fire.

Davis' snoring ``has grown more severe during his incarceration,'' the lawsuit states. ``Consequently, Davis suffers from anxiety because he fears the violence that may be inflicted upon his person while he is sleeping.''

Reached for comment, Dave Moffat, the executive assistant to the prison's warden, said yesterday that he could not comment specifically on the allegations because the prison had not yet been served with the suit. He did say, however, that ``the prison tries to put inmates who snore loudly in the same room.''

Moffat also said the prison had four full-time doctors who examined every inmate with medical problems. During an examination, Moffat said, the prison's medical staff determines whether the problem can be dealt with in-house. If it can't be, he said, the inmate is referred to an outside specialist.