But sleepwalking as a murder defense date back even farther than that. The first known case of such a defense was back in 1846 when Albert Tirrell was charged with the murder of a prostitute, Maria Bickford and setting fire to a brothel. He claimed he had committed the crimes while sleepwalking, and he was acquitted.
It's 2004, and another such case has appeared. Stephen Reitz is accused of bludgeoning his lover, Eva Weinfurtner to death while the couple were vacationing together on Catalina Island in 2001.
Reitz claims he was in the midst of a dream about fighting off an intruder when he attacked the woman and has no memory of the murder.
One of the main defense tests when trying to prove the claim of sleep walking is a lack of memory of the act and no attempt at concealment. Reitz seems to comply with this. He claims no memory and says he was confused and shocked by his death. Also, after discovering the body, he walked to the police station and turned himself in.
A second test is lack of motive. To all intents and purposes, Reitz and Weinfurtner got along well and he had no motive for killing her. However, Reitz does have a history of a nasty temper and violence and some witnesses reported seeing bruises on the woman's body from time to time that could have been attributed to physical abuse.
Yet a third test is a history of sleepwalking. Reitz has been sleepwalking and sleep terrors since childhood. When he was a child his parents had alarms installed to alert them when their son was sleepwalking and had left the house.
While sleep walking is common in childhood, only a small percentage of adults suffer from the disorder. It sometimes runs in families or can be brought on or aggravated by alcohol or drug use or by stress.
Reitz had been drinking and possibly using cocaine the night before the attack. He was also known for his violence and bursts of temper.
Was Reitz sleepwalking when he bludgeoned and stabbed Evan Weinfurtner to death? Or is there an underlying motive that sparked a violent man's temper?
The trial continues this week and may end as early as mid week. Watch my front page for updates on yet another Sleepwalk To Murder Case.
What's your opinion? State your views by voting in my polls. Stephen Reitz - Guilt of murder or not?
