Anthony Mitchell, age 50, is a free man after a jury found him not guilty of violently strangling his son Blake. Mitchell used a defense of “violent sleepwalking” to convince jurors that he could not have consciously murdered his son. He also tried to kill his other two children, but they were able to fend him off.
The State reports,
Mitchell testified that he was in financial distress and had not been sleeping well.
…a defense expert said Mitchell’s stress and lack of sleep likely resulted in “non-REM parasomnia,” a sleep disorder whose sufferers can perform random acts unconsciously. Because of this disorder, he was incapable of exercising criminal intent, the expert said.
A psychologist who testified for the prosecution after repeatedly interviewing Mitchell said he had no mental condition that would have left him unconscious during the attacks, and that he must have consciously planned them.
Oddly, the judge would not allow jurors to consider a lesser charge of manslaughter, but required them to choose either murder or not guilty. Since jurors had some hesitation whether or not Mitchell’s actions were deliberate, they resorted to not guilty. This is a tragic, horrific situation. Without knowing more details, it is impossible to say whether or not the judge erred by not allowing jurors a lesser conviction option, but something sure reeks to high heaven. At a minimum, Mitchell should be seeking treatment for his condition.