In 1997 another Phoenix man, 43-year-old Scott Falater, was accused of murdering his wife. On the night of January 16, 1997, neighbor Greg Koons saw Mr. Falater hold his wife's head under water. Not clear on what was going on, but having heard screaming, Koons called the police. The police arrived to a gruesome crime scene -- a bloodied pool and Mrs. Falater dead with 44 stab wounds. Scott Falater, present at the crime scene, with blood on his neck and band-aids on his hands, was brought to the police station to undergo questioning. He denied any knowledge of the brutal murder and thus began his celebrated sleepwalking defense. Police video from the night of the murder shows Falater saying he is unaware why he is being questioned
Martin, Lawrence. "Sleepwalking, Sleep Murder, Sleep Walking, Automatism, Sleep Apnea, Insanity Defense, Obstructive Sleep Apnea, Narcolepsy, Insomnia, Cataplexy, Sleepiness, Sleep Walking, Daytime Sleepiness, Lawrence Martin, M.D." Lakeside Press Home Page. Web. 06 Dec. 2011. http://www.lakesidepress.com/pulmonary/Sleep/sleep-murder.htm.
My Findings:
Based off of the element s of the second case, the charge of the defendant killing his wife, second degree murder is most applicable, 21-3402. This is found due to the facts of the defendant repeatedly stabbing his wife then drowned her. This is because there is no evidence of premeditation of the killing (a clear motivation was not found either). Second degree murder has the elements of a killing, of a human being, committed intentionally.
The defense may use the claim of sleepwalking, due to the fact that he may have had a history of sleepwalking. This would mean that the defendant was unconscious at the time.
However, I feel that this would not be convincing to the jurors. Because the defendant tried to hind the evidence in a Tupperware container hidden in his car this shows he knew what had happened when it happened, and instead of calling the police he tried to get away with it. The thought process and the planning of hiding the evidence require consciousness.
Martin, Lawrence. "Sleepwalking, Sleep Murder, Sleep Walking, Automatism, Sleep Apnea, Insanity Defense, Obstructive Sleep Apnea, Narcolepsy, Insomnia, Cataplexy, Sleepiness, Sleep Walking, Daytime Sleepiness, Lawrence Martin, M.D." Lakeside Press Home Page. Web. 06 Dec. 2011. http://www.lakesidepress.com/pulmonary/Sleep/sleep-murder.htm.
My Findings:
Based off of the element s of the second case, the charge of the defendant killing his wife, second degree murder is most applicable, 21-3402. This is found due to the facts of the defendant repeatedly stabbing his wife then drowned her. This is because there is no evidence of premeditation of the killing (a clear motivation was not found either). Second degree murder has the elements of a killing, of a human being, committed intentionally.
The defense may use the claim of sleepwalking, due to the fact that he may have had a history of sleepwalking. This would mean that the defendant was unconscious at the time.
However, I feel that this would not be convincing to the jurors. Because the defendant tried to hind the evidence in a Tupperware container hidden in his car this shows he knew what had happened when it happened, and instead of calling the police he tried to get away with it. The thought process and the planning of hiding the evidence require consciousness.
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