Sleepwalking defense yields murder acquittal in dad's trial
A North Carolina man who maintained he was sleepwalking when he killed his 4-year-old son has been acquitted of murder.
Jurors in Durham acquitted Joseph Anthony Mitchell on Wednesday in the September 2010 strangulation death of his son Blake, report the Associated Press, the Herald Sun, WRAL and ABC11. Mitchell was also acquitted of attempted murder in attacks on his two other children, aged 13 and 10.
Prosecutors had claimed financial difficulties drove Mitchell to attack his children, while the defense maintained financial stress led to the sleep disorder that caused him to act unconsciously.
After the verdict, Mitchell’s ex-wife began sobbing and was removed from the courthouse on a stretcher.
Jurors had asked the judge if they could consider a manslaughter conviction, but he said that was not an option.
The defense had requested that jurors be given an option for an involuntary manslaughter verdict, District Attorney Roger Echols told ABC11. Echols said he objected because jurors were being instructed that the defendant was not guilty of any offense if he is unconscious.
Hat tip to @WalterOlson.
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