Tennessee Supreme Court allows sleepwalking defense to child molestation charge

[varkam]

I thought that this was pretty interesting because I work in the field of sleep (and, incidentally, in my crim law class last semester had a segment on sleepwalking). There is such a thing as a parasomnia that presents with sexual attributes, but AFAIK it's pretty rare.

Link

The Tennessee Supreme Court has ruled that a Nashville firefighter is entitled to present medical testimony that a sleepwalking disorder caused him to commit child sex abuse.

Adrian Leroy Scott II is facing trial on charges of raping a female relative in 2006, but claims he was asleep during the assaults and unaware of what he was doing.

The state filed a pretrial motion in Davidson County Criminal Court that excluded sleep expert Dr. J. Brevard Haynes' testimony saying it was "was not sufficiently trustworthy."

Haynes had diagnosed Scott with sleep parasomnia involving sexual behavior.

The Tennessee Supreme Court ruling Friday makes Hayes' testimony admissible in court. The case has been referred the case back to the Davidson County Criminal Court.

[rwheeler31]

1. Can anyone make sense of this?

What was this guy on?

[cliffordu]

2. So.....

If someone was sleepwalking while they ran over him with their car several times, they could use it as a defense, also.....

Ah, what a great country we live in.

[cynatnite]

3. He can present it in court, but whether a jury buys it is another matter. n/t

[elleng]

6. Naturally.

That's how the system works.

[Yo_Mama_Been_Loggin]

4. What the fuck?

The devil made him do it.

:argh:

[elleng]

5. Very interesting, varkam.

How ya doin?

[varkam]

9. Oh, I'm hanging in there.

Still getting my "I'm-not-the-smartest-person-in-the-room" come-uppins. School's good, but busy. Work is the same. :rofl: I just put in an application to do a summer clerkship at a medical malpractice firm here in town - the docs I work for would shit if they knew.

How are you?

[elleng]

11. I'm ok; 'busy' enjoying new political scene!

So you work for docs now, medical-wise, AND will work legal-wise for the malpractice firm? Sounds like fun!

As to 'not the smartest person,' please keep in mind that you are pretty smart, and experienced and aware. You will do well.

[varkam]

12. It really is amazing.

I got to watch the inaug live because one of my professors decided to cancel the class. I gave the television a standing ovation :rofl: Needless to say, some of my classmates are none too happy with the turn of events (because he's a muslim / socialist / terrorist, you know).

And I've kind of gotten past the fact that there are many people who are much smarter than me in my class. I'm just going to try to do the best that I can do and, if I can do that, I'll be happy.

[WillieW]

14. That's TN for ya. Used to live there, moved due to the racist attitudes.

[MannyGoldstein]

7. He's An Accused Child Molester, So...

he's automatically guilty.

[Wiley50]

8. Dr Haynes Knows his shit. He did my sleep study

and diagnosed me with sleep apnea.

He works out of St Thomas Hospital in Nashville

Funny though, for the last year my CPAP machine has been hooked up blowing constant air into my Acer laptop that has a broken fan to keep it cool. I can't afford to have it worked on by anyone. Medicaid bought me the CPAP macchine.

It's just a more immediate need to use it this way as I am disabled and need my laptop to stay sane having to sit on my ass all day.

So far, I wake up every morning though I know that there's a chance I could stop breathing and die in my sleep. But life kinda sucks for me anyway.....

[varkam]

10. That's certainly an ingenious use for a CPAP machine...

I noted that I worked in the sleep field, and I'm pretty well-versed in CPAP and patient's CPAP stories - but that's a new one on me. I would think that it wouldn't be too terribly difficult to replace the fan on your laptop. I'm sure you know it and I don't mean to nanny you, but please use your CPAP - the consequences of untreated sleep apnea aren't terribly pretty.

[Wiley50]

17. I wouldn't dare open up a laptop.

Anything I ever opened up and tried to fix never worked again. Rea

Really. All I have in my life to keep me sane is the internet and my friends here at DU. I can't get out of this little boat I call home except when they come and take me to the doctor once a month. No family, no friends except here. It's been like this the last 3 years with no end in sight.

I've called the local shops. They all want $50 just to look at it plus whatever they charge to fix it, whenever they finally get to it. I live on $634/mo SSI disability. $300 rent, $112 electric, phone and internet, on 10 meds and have to pay for 5 out of pocket.
Not much left to even eat.

So far, I wake up. Sort of a mixed blessing in my case.

[Still Sensible]

13. Unless the prosecution is really inept

which I know is always a possibility, I can't imagine a jury buying this and letting the guy walk on a "child" sex abuse charge. The story doesn't say how old the child was or if it was a male or female child--both of those things could certainly influence whether or not a Tennessee jury is even willing to consider such a defense.

It could, if the jury gives it any weight, lead to some consideration in a sentencing recommendation.

[varkam]

16. Well, the story says "female relative"

And if he really was sleepwalking at the time, then his acts were not volitional and thus constitutes an elemental defense to the crime. Of course, that's going to be a question of fact for the jury to resolve.

[mnhtnbb]

15. Damn! Did he eat Twinkies while he was sleepwalking, too? That would get him off.