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(PRISON DOORS BUZZING)

MAN: I looked high and low why he did what he did.

I was truly puzzled.

MAN: Something was off about this case.

MAN: Modern sleep science says you can kill in your sleep.

It is real. (ECHOES)

MAN: This is not sleepwalking. It had a sexual overtone to it.

MAN: She came in my room.

Next thing I remember, I'm covered in blood.

WOMAN: It was clear-cut.

He even admitted, "I did it."

MAN: I know it was me,

but I don't remember anything that just happened. (ECHOES)

(BEEPING TONE) OPERATOR: 911 emergency.

MAN: Yeah, there's... You need to send police.

OK, and what's going on there?

Someone's been murdered.

OK, someone has been murdered? In what way?

Do you know if they're breathing or definitely passed away?

I don't know.You don't know? OK, well, what did you see, sir?

I'm at Haverhill Park. Just send the police. It was me.

I'm sorry. (HANGS UP)

(INDISTINCT RADIO CHATTER)

See if you can get anything out of him.(SIREN WAILS)

(INDISTINCT SPEECH)

One person? Male or female?

(INDISTINCT SPEECH) Take him in the car.

REPORTER: The Palm Beach County Sheriff's Office

investigating the death of a woman in Palm Beach...

REPORTER: They found the woman dead and took the man

who had called 911 in for questioning.

REPORTER: Randy Herman is in jail

charged with the stabbing death of 21-year-old Brooke Preston.

REPORTER: We'll keep you updated as we learn anything else in this investigation. Reporting live...

WOMAN: Hold your hands out for me.

(SHUTTER CLICKS)

And flip them upside down.

MAN: I'd met Randy in the jail.

I went out to see him the day he was arrested

and then I was assigned to handle his case.

Uh, you know, be the lead counsel from that point on.

My first impression was just that he wasn't a very big guy.

You can turn around, Randy. Yes, sir.

'Just a very meek person, physically.'

He definitely seemed different than a lot of the people I represent.

What I'm gonna do is just gonna switch out your clothes, all right?

'He seemed very well-mannered, very respectful.'

You know what size you are? (INDISTINCT REPLY)

Huh?Medium. Medium? OK.

But something was a little bit off about this case.

You know what size jeans you wear? 30.

32, 30.

Said he'd committed the crime...but he couldn't remember what happened.

(SNIFFS TEARFULLY)

And then, of course, there was certainly a lack of motive

because of how close, you know, Brooke was with him.

And you have another roommate, Brooke's sister, right? Jordan?

No, nobody knows what happened. We don't even know what happened.

That's why we're sitting here, trying to get it from you.

To me, it seemed like a genuine lack of recollection.

Was it an argument? Was it...

OK.

What do you remember?

OK. (WHIMPERS TEARFULLY)

Yes, Randy does tell the police, "I murdered this person"

because you're standing over them holding a knife.

When did... When did she - (MUMBLES)

OK.

OK, not a problem. Let me - (WHIMPERS)

Let me ask you... (SOBS)

Were you guys ever romantically involved?

No?

OK.

OK.

But to wake up over someone who you consider your sister,

stabbed a number of times, with a knife in your hand,

covered in blood, and not know what happened,

I could imagine it being

a very scary proposition for a guy like Randy.

MAN: Brooke's smile was gorgeous.

Just her personality.

And she was literally...

..just always happy.

She was beautiful, inspiring and going places.

She had a sense of drive to be better.

And she worked hard.

People who knew Brooke in her high school days,

said Brooke was very much someone who was the life of the party.

Brooke was this explosive ball of energy.

She was lively, she was bubbly.

She was athletic. You know, she had a lot of close friends.

BURGER: And she was always cool. We'd all hang out, go swimming.

We'd play games, go bowling.

It was always having fun.

(CHEERING AND LAUGHTER)

We grew up on Instagram and Snapchat.

She was always on Facebook.

Brooke taught me how to use Tinder. That's for real though.

Like... I was like, "Brooke, how do I do Tinder?"

Brooke was like, "Nah, let me pick the pictures for you."

They were always laughing, playing, having fun.

Brooke, Randy and Jordan. They were like family.

Brother and sister.

They were two of his best friends that he grew up with.

Moved to Florida with them to start a new life.

REPORTER: Officers found 21-year-old Brooke Preston

dead on the floor, stabbed multiple times.

Meanwhile, he remains behind bars without bond.

The question here tonight remains, "Why?"

Because even he says he can't remember.

AUTOMATED VOICE: Hello, this is a prepaid collect call from...(BEEPS)

..an inmate at... Palm Beach Belle Glade Detention Center.

This call is subject to recording and monitoring.

WOMAN ON PHONE: Hello? RANDY: Hello, how are you?

Oh, OK. How are YOU?

Doing all right, you know. I'll be OK.

Did you talk to the lawyer?He told me that it still don't make sense.

Why? What's the matter?

Um... Why?

Well, because...

They didn't tell me why or what made you do it.

I don't even know the reason, you know?

Yeah, I know.

I just wish I'd know how I did it.

I was just confused.

I didn't know what was happening. You know, I...

That's why I called 911.

If I wanted to, I could've ran. But that wasn't what was on my mind.

I didn't do this intentionally. This was a person I cared about.

This was a close friend, so, I mean, my mind was just...

I was just in shock.

The one thing that was definitely clear

in discussing it with colleagues

is none of us could figure out what happened.

I definitely felt that Randy was being truthful with me

and that he had profound amnesia for the event.

And so then the challenge upfront was how to defend him.

So we called a psychologist that specialises in trauma.

To just try to explain why maybe Randy had bad amnesia.

I was trying to find out what happened just as much as he was.

From the very beginning, I co-operated with Dr Ewing.

I looked high and low why he did what he did.

We went through hours of interviews of him just asking me

question after question after question.

..did he have a mental illness?

We went through everything he could think of.

Did he have a background of oppression or other abuse?

But nothing fits. Nothing made sense.

Have you ever had a head injury? Have you ever had seizures?

Sometimes people with seizure disorders...

I mean, we didn't really know where to go.

He was just as confused as I was.

DR EWING:

..had I not asked that last question just as a matter of thoroughness,

When Dr Ewing first said sleepwalking,

it really, you know, made the hairs stand up on the back of my neck.

Sleepwalking to me, at the time, was,

you know, going out to the kitchen to get a drink of water.

But there's a big jump to stabbing somebody 20 times.

As a sleep specialist... I understand. I've seen, you know,

hundreds of cases of sleepwalking.

So, I know sleepwalking is involuntary.

You're not consciously aware of what you're doing.

(SINGS)

But public ideas about sleepwalking? Generally not accurate.

Until 1964,

the general idea was that sleepwalkers

were acting out their dreams.

Literally getting up and acting out their dreams.

This idea that the sleepwalker is out of bed

and got his arms out, like Frankenstein...

We still see it if you watch something like The Simpsons.

But the reality is, sleepwalking is a set of related behaviours

that comes out of sleep.

Most often following partial arousal out of deep sleep.

(YELLS)

That usually occurs in a state that's not really awake or asleep.

There's no difference between people who sleepwalk at home every night

and people who commit sleepwalking violence

known as violent parasomnia.

Sleepwalkers are not consciously aware of what they're doing.

These days, it is understood

that someone can kill somebody in their sleep,

under the right circumstances.

REPORTER: We're here on Sarazen Drive off Belvedere Road.

Deputies have been out here all day blocking off this street.

Deputies tell us they got a 911 call this morning

from a man who told them a woman was dead inside her home, here on Sarazen.

As a blood-stain analyst,

one of the things I'm attempting to do is try to figure out

where the actual crime happened within the scene.

In this case, I'm analysing and interpreting throughout the residence

the blood stains and the movements of Brooke.

And it's incredible sensory overload.

The smells, the blood just dripping down walls.

I've been doing this for 21 years.

I've probably scene more incidents than any human being should.

This was one of the more vicious crime scenes that I had to document.

I admit that this case really bothers me.

WOMAN: This was totally violent.

Brooke was stabbed 25 times.

We know that after she's dead and down,

he gets a quilt to wrap her.

There are psychological experts that say

sometimes if a person is known to you,

they want to cover them to conceal their face from you.

To preserve her dignity.

But it might be actually to assist him in dragging her out.

People don't realise how heavy a deadweight body is.

MAN: We have a beautiful young woman

who was absolutely brutally murdered.

It was a prolonged attack that most likely took a couple of minutes.

(TAPPING) You think about doing this 25 times.

It's a brutal, violent struggle that's taking place.

The murder weapon is still in the bathroom,

covered in Randy's fingerprints depressed in the blood.

At the time of the crime, nobody else was in the house.

It's clear-cut. He admitted that she's been murdered and "I did it."

On the face of it, there was not really a viable defence.

You said she's like a sister to you.

Meet her when you were a teenager type thing?

High school? What town did you guys grow up in?

Little small town?

Hmm? (SNIFFLES)

I'm sure.

(SNIFFLES)

KATHI: What are you doing? Come here.

You can come.

You're a good boy.

I have pictures of Randy.

Lots of pictures of Randy. Like surrounding myself with...

..the kids and family.

And that's all the different Randys growing up.

Him and his sister were always close.

My mom gets upset once in a while and Randy'd always make her smile.

He was the only one that could make her smile.

When Randy was little, if I wanted him to do something,

I'd just pretend I was crying and he'd do it just so I didn't cry.

And even when he got old enough to know that I was pretending

and I was faking, he'd still do it

because he didn't want to see me sad.

"OK, just get that look off your face and I'll do it." (CHUCKLES)

He's always been a very good kid - very supportive, very respectful.

He's very kind, friendly.

Growing up, we really just rode bikes,

hiking, exploring the woods.

KATHI ON VIDEO: Push hard.

I remember he went down the creek the one time with his friends.

Randy's like, "Look at the flowers, aren't they pretty?"

And they laughed at him.

Men don't do that. Not supposed to notice flowers.

Supposed to act like a man.

It was from being with me and sister and we loved nature and stuff.

But it would bother Randy.

I haven't met him but, as a clinical and forensic psychologist,

I find the case of Randy Herman is fascinating.

This dynamic of Randy growing up with the two women in his life

and not experiencing traditional masculinity.

And so, his relationship with women

is really tied up with a lot of emotionality.

And there may be something about the present dynamic,

with Brooke and Jordan, that was somewhat emotionally similar

to what he had with his mother and his sister.

Listen, Randy, I can tell you're remorseful. What we need to know...

Who's Brooke?

And who's Jordan?

Her name is Brooke Preston.

Brooke Preston? OK. Is that your girlfriend?

Or just a roommate?

OK. And you have another roommate, right? Jordan?

So, Randy was a young man from a small town in Pennsylvania.

And he was friends with Jordan Preston.

And through Jordan, he met Brooke Preston, her sister.

Jordan and Brooke wanted to move to South Florida.

Randy ended up following suit and they rented a house together.

Brooke Preston was about two years younger

than her older sister, Jordan Preston.

But they were always together.

Brooke and Jordan were childhood best friends.

Surrounded by really supportive parents.

Brooke spent a lot of time on social media.

She posted a lot,

especially about her family.

Brooke was close with her family

and, you know, family that close,

they did things together.

WOMAN: OK.Time to take you down to the dirty dungeon...

..so that nobody will ever find you.

MAJCHROWICZ: Once a week or so, the Prestons had these family dinners.

To just hang out and bond with their daughters.

With Brooke's strong family relationships, it's not surprising

that she was well-liked by everybody.

No-one's gonna hate you, Randy.

No-one's gonna hate you, OK? (SNIFFLES)

No, absolutely not. You're not a bad person.

(SOBS AND WHIMPERS) OK?

If you were a bad person, you'd be halfway to Pennsylvania now, Randy.

But you're not.

KATHI: I know my son.

And I know that he's not capable of doing something like that.

The only possible way he could've done it was sleepwalking

where he wasn't conscious, didn't know what was going on.

When he was younger,

one night,

me and Amanda were up and he had already gone to bed.

And we were in the kitchen and he came out and climbed on the counter.

He has that look. Like a dazed look.

And Amanda asked him, "What are you doing?"

He'd just look at you and he wouldn't say anything.

He was getting a drink and he gets pancake mix out of the cupboard.

By then we realised, he was sleepwalking.

I got him back to bed and he'd go right with me.

He'd lay down and was out like a light.

When we were younger, we had plastic on the windows

to keep the heat in in the wintertime.

He would get up in the night, sleepwalking,

and just start scratching at the windows.

And he would say he was trying to get out.

When Randy was around ten, I was working at the bar right next door.

One night, it was late and I had one customer and I was closing up...

..when Randy rode his bike to the bar.

And he just walked up to the bar, he laid his head on it.

I said, "What are you doing out this late?"

He turned around and walked back out the door...

and he got on his bike and rode home.

I knew he was sleepwalking because he didn't speak to me.

Because it was just across the street,

he'd ride to the bar every day,

so he was very familiar with the road.

He could ride over there with his eyes closed.

Sleepwalking is complex.

It's more likely to occur in adults

who had a history of sleepwalking as a child.

Certainly, there are sleepwalkers who seem to do

very co-ordinated, scary things.

Something like driving a car.

It's often automatic.

It's a behaviour which is over-learned.

Something done dozens, hundreds of times.

It's one of these, "I did it so many times, I could do it in my sleep."

REPORTER: Breaking story. A killer's unusual defence of sleepwalking.

REPORTER: Randy Herman, 26, is charged with first degree murder in Preston's stabbing death.

REPORTER: Herman told them about his sleepwalking history

corroborated by family.

REPORTER: Herman will remain behind bars at the Palm Beach County jail.

Mr Walsh told me that he was going to ask for continuance

because he had discovered that there was

a legitimate potential defence that he wanted to explore.

It was the sleepwalking defence.

I was very much taken aback because in all my years, I'd never seen it.

When Dr Ewing first brought up sleepwalking, it seemed logical.

But there's really not a defence for that in Florida.

In other states, sleepwalking would seem to

fold into diminished capacity.

But we don't have a diminished capacity defence here in Florida,

so we had to find some way to defend Randy's case.

The DSM is like an encyclopaedia for psychologists.

And the DSM recognises sleepwalking

as a mental disease or infirmity.

So the DSM became the basis for our case.

OFFICER: Things happen, right?

When the police questioned Randy,

he was clearly remorseful about what had happened.

(SOBS)

We like to follow our common sense and follow the evidence

and this appeared to be simply, you know, an act of rage,

an act of hatred, an act of lover's scorn. Whatever happened...

..on its face, that's what it appeared to be.

But then, you just know that what you're going to have to explain

is, well, where is the motive.

Randy said he had no sexual interest in Brooke Preston...

and that there was no infatuation between the two of them.

OK.

But when you looked at the dynamic of the three of them,

he is a young man, he wasn't terribly attractive,

kinda smaller, little bit heavier,

and living in a home with these two very attractive ladies.

The vibe I got was like, OK, Randy was in love with Brooke Preston.

Maybe he attempted something sexual

and she may have rebuffed him. She may have been cruel about it.

You know, some people react violently

when they are rebuffed or laughed at...

..and that's maybe what set him off.

I feel like Randy really liked Brooke.

I do feel like Brooke liked Randy as well.

And...DIRECTOR: In a romantic way? Yeah, every way.

Then Brooke started getting serious with this other guy, I guess.

And if Randy started getting feelings for Brooke...

..love kills.

MAJCHROWICZ: Brooke was in a really committed

and very public relationship at the time.

She posted stuff online and talked about it all the time.

Her boyfriend gets, like, a promising job opportunity up north.

They're pretty serious.

Brooke had recently said her and this guy were the real deal

and they come to the decision

that Brooke is going to move in with her boyfriend.

Did Brooke go to bed last night?

She... She stayed somewhere else.

She stayed somewhere else? This morning, when she said goodbye,

I gave her a T-shirt for her boyfriend.

OK.

She came back.

Did you know where she stayed last night?

With a friend. At a friend's house.

Do you know what the friend's name is?

Kyle. Kyle.

SCOTT: The day before she was killed,

Brooke and Randy had been drinking all day.

That night, Randy exhibited very odd behaviours that made her feel uncomfortable

and she communicated that to her friend Kyle.

She called Kyle and said, "You gotta come and get me."

So Kyle came over.

Kyle went to the kitchen to get something to drink

and didn't remembered seeing where Randy went.

And all of a sudden Brooke came busting out of the bedroom,

very upset,

and told Kyle that "Randy was just in my bedroom closet, naked."

SCOTT: It really, really scared her

and it just reeks of some sort of sexual interest.

There's other key pieces of evidence that suggest that this was sexually motivated.

For example, he had a pair of fuzzy handcuffs next to his bed,

as well as the murder weapon, a knife.

He claimed that women like to be tied down

and they've enjoyed it when he's done it before.

SCOTT: Our theory to the case was that Randy Herman

was in love with Brooke Preston.

And him being nude in the closet,

and some of his behaviours that night,

maybe he saw as a way to win her over,

to show her how much he loved her.

Ultimately, she was not interested. He was sort of in the friend zone.

And given that this case had a sexual overtone to it,

I just said to myself, "This is not sleepwalking."

If Randy Herman was in a state of sleepwalking

at the time he stabbed, uh, the victim,

then I believe this is an explanation, an excuse,

for what he did.

We know that modern brain science

says that there are reptilian instincts,

certain primitive behaviours,

that served our predecessors -

eat, sleep, hunting,

sex, protection -

and they are still in there somewhere.

When you're awake, all these primitive instincts

are inhibited by the part of the brain

that developed to stop us from acting out,

you know, these behaviours.

But when you're sleeping, the part of the brain

that controls these primitive behaviours is turned off.

So sleepwalkers are acting out of a primitive instinct.

It's not that the sleepwalker gets up and goes hunting

or goes looking for a victim.

This person is just a potential danger, who is approaching them...

..and they would not know who that person was.

Whoa!

They're reacting to a trigger,

something that can cause

a brief arousal in your sleep.

That could be a sound, touch.

They wouldn't stab someone once and say, "They're dead."

They would keep going until, at some level, they're satisfied

there is no longer a risk in front of them.

And it's usually triggered by the victim.

So, in the case of Randy and his roommate,

we should be asking, on that morning,

did he perform those violent behaviours

while he was in a state of sleepwalking?

When Randy was a little kid,

I didn't take him to the doctor for sleepwalking because it's a normal thing.

I sleptwalked, my daughter sleptwalked. We grew out of it.

I didn't know it was a medical thing. I never heard that.

And anyways, you have to pay, like, a lot of money

if you want to take them to the doctor for sleepwalking.

Growing up, we didn't have a lot of money. It was kind of rough.

My mom, she was always working all the time and...

me and my brother, were always at babysitters'.

It was when they were younger that their father and I split up.

Growing up, I thought my dad, like, lived so far away.

And then, as I got older, I'm like,

it was only 40 minutes away, an hour away.

But he always said that it was too far for him to come drive.

And he never really tried to take the kids

except for when Amanda got older -

like, old enough to, like, clean

and, you know, take care of herself.

He told her she could come live with him.

That hurt Randy's feelings.

And Randy just totally devastated thinking Dad didn't love him.

RANDY: Growing up, my father wasn't really in the picture

and we kinda got more and more separate.

The weekends together would get longer and longer apart.

(SQUEALS) (CHUCKLES)

AMANDA: My dad has always drank a lot.

Uh, he drank all the time.

Before my dad and mom split up,

they used to get into pretty big fights.

I remember one time, my dad was drunk and he locked us outside the house

and I ended up peeing my pants. I was only, like, five, I think.

And then finally when he let us in,

my mom and him got in a huge fight.

(NERVOUS LAUGHTER ON VIDEO)

That was a bad argument.

He was drinking.

'He opened the door...

..and pulled me in by my hair.'

Ow!

He kept pushing your head when you argued - the push.

And he kept doing that

and I didn't like it, so I turned around and punched him in the face.

Well, then he hit me back.

So...

Toxic masculinity is a relatively new term.

But it's really a term that's describing an old idea.

I'm going to the moon!

Dink, say goodbye to Felix. Hm?

Uh, man talk.

(SLAPPING)

And it's a way of exploiting male privilege

in a way to create dominance and power.

Randy is a small guy, living in a situation with two women

who are, by all accounts, probably in a stronger position than he is.

They've got financial security.

And I think there's something to be said

about the pressures of our current time.

That we live in a society where

everything is open for public consumption.

And so people's envies can be easily stirred

because instead of comparing themselves

to the two or three kids in their class,

they've got, like, 40,000 on the internet

that they're measuring themselves against.

And for those that have a history of trauma, neglect,

a history of feeling insufficient in some way,

they are more vulnerable to being impacted

by those feelings of envy and longing.

And they end up driving sometimes some of their behaviours,

some of their choices.

REPORTER: Now shocking new details

in the murder of a 21-year old woman, whose body was found

stabbed more than a dozen times inside a West Palm Beach home.

Here's the big twist in all of this, a TV station in Pennsylvania

now reporting that Randy Herman Sr, the father of the suspected killer,

he too was charged with murder, accused of killing his girlfriend

in February 2015. Now this case was later dropped against him

because he committed suicide.

The woman had been murdered and they were looking for my dad.

I think there was some kind of argument or fight...

..and, um, he killed her.

Then he shot himself.

When I found out my father

shot and killed his girlfriend at the time,

I was definitely conflicted.

I mean, obviously, this was a person that wasn't really in my life,

and part of me felt like I shouldn't really care.

But another part of me also felt like,

you know, this is still my father.

I think that Randy Sr's homicide and later suicide,

must have had a significant impact on Randy Jr.

Throughout his life, he has been searching for this...loving father,

a father he can connect with.

And it's a father he never really finds.

And when he next hears about his father,

it's this devastating, ugly, shameful kind of experience

that reflects on him. They have the same name, right?

He can't get away from it.

And that, for a young guy like him,

who is already struggling with his identity,

that would've been quite impactful.

AMANDA: My brother had to go and clean out my dad's house.

And at the time, I was... I was so upset, I was the one crying

and he had to go in there and clean up the mess from the shooting.

So he had to clean up the carpets

and the walls...

and I think that probably wasn't good for him.

It probably did some damage.

When I learned that his dad had killed his own girlfriend,

I thought they would run with that

as some kind of an explanation for some mental defence.

You know, like father, like son.

RANDY: After my father had passed away, I moved back in with my mother

and I was working at a meat processing plant in the head room.

I used an air knife and my job was removing meat from a jaw bone.

I'd just stand in a stationary position

and just take meat off a jaw bone

and put it on a conveyor belt and that was it.

It really was a dead-end job.

I was worried. I think he was struggling with Dad's death.

I think it all just got to him.

Things just weren't going well. I wasn't really going anywhere.

I was just doing the same thing every day.

Take meat off a jawbone, put it on a conveyor belt.

You know, I just felt kinda stuck.

I realised how much I had taken for granted

and how many chances I was given.

And, you know, I really went into a depressed cycle.

And, at that time, my close friend Jordan,

she had got a job opportunity in West Palm Beach.

She was moving down there and we made jokes

about me moving down there with her.

The more we talked about me moving down there with them,

the more it kinda became serious.

Eventually, over time, I thought maybe this would be a good idea.

To get out of this, you know, dead-end cycle that I'm in

and move to West Palm Beach and start fresh and...

and get a career and really, you know,

help my life get back on the right track.

He's got lots of money because he had his father's inheritance.

I didn't blame him for wanting to go to Florida.

I figured, what are you gonna do, you know.

It's like he has his reasons.

He wanted to go and make something of himself.

He used to always tell me that

he was going to make lots of money and buy me a house down there.

So he went to West Palm Beach with his friends.

Jordan and me and Brooke, decided to

ultimately look for a house together.

We were looking at different places

and we found the house at Sarazen Drive.

It was a nice three-bedroom house, just west of West Palm Beach.

That would be the house we'd move into.

It was exciting.

It was positive, you know. It was three young adults moving down.

BURGER: When we first met Brooke, Randy and Jordan,

they were always joking around with each other.

Me and Randy, we clicked instantly.

It clicked even better when we found out we both just moved to Florida

from small little country states.

He's a country boy. Like, he's country.

I mean, the dude kept a knife next to his bed.

I don't know how much more country you can get than that.

Like...like it was there every single day.

But we were making good money at the business we were doing,

selling Internet and cable at Walmart. That's what we did.

So the day is finally over and I get my beer.

'I'm working. We're having a good time.'

It's obviously a fun environment. It's a party lifestyle.

'Drinking lot of times. Having friends over a lot.'

BURGER: And Randy was the life of the party.

Because when he walks into a room, it's crazy

because he just brings this smile and this energy and this everything.

This thing is so slow.

I mean, I was surrounded by close friends,

we get along great. It was just a good time.

Consistent with their generation, Randy and Brooke

both seemed to be actively engaged in social media...

..and the reward system that one gets in social media,

posting, getting recognition.

And Randy is posting at two, three in the morning,

obviously having not slept.

We know that sleep is really important

for a lot of things, including consolidation of memory,

cognition, learning.

And mood regulation - affect regulation, emotional regulation.

AMANDA: I was reading about Randy's case online

and there was a bunch of comments about my brother being a monster

and he deserves way worse than life in prison.

It's upsetting because I know he's not a monster.

But it's a small town, everybody judges everybody.

I know my mom is worried about seeing people from around here.

It took a toll on her.

REPORTER: A stabbing in Florida involved two people from Wyalusing.

One is now dead and the other is behind bars.

I mean, just knowing the family, it's heartbreaking.

It was two years before the trial even started.

Two very long years.

Around Wyalusing, where the Prestons were from,

they know who I am.

I'm afraid I'm gonna run into the father, Mr Preston,

who is a very nice man, and I don't want to.

You know, what do you say?

There's nothing to say. I don't know what to say.

(TEARFULLY) But there's two sides to every story.

Everybody knew that it was BS from the beginning,

You take someone's life like that, I think you should lose yours too.

Randy claims he didn't remember what happened at the moment.

For a case like this, when the defendant says, "I don't remember",

my mind immediately goes to, "OK, what were the facts?"

What does Randy remember? What led up to this?

Randy Herman, Brooke Preston

and her older sister, Jordan Preston,

were living together at a single family residence

on Sarazen Drive.

But Jordan had left for a couple of days

to spend some time with her boyfriend in Colorado.

Meanwhile, Brooke had made the decision

to move, to live with her long-time boyfriend up in New York.

So she had come to that house to pack up her things

and drive north... and say goodbye to Randy.

Thursday morning, I woke up at 3:00

and picked her up at the Fort Lauderdale Airport.

We drove back to the house. I ended up dropping her off.

It was still fairly early so, at that time, I went to the beach...

..and I was able to catch the sunrise.

Later that morning, we decided to go out to the beach.

Brooke had spent the whole day at the beach with Randy.

They had been drinking quite a bit at the time.

Later that afternoon, they went back to the house,

where they continued drinking.

From then on I was just heavily intoxicated.

Me and Brooke drinking on the back porch was, you know, my last clear memory.

Randy continued to drink.

That's when Brooke texted Kyle, you know, Randy's acting strange.

So we know that Kyle came to the house

and then the "naked in the closet" event had happened.

She was very shaken.

Brooke said to Kyle, "Get me out of here. I can't stay here tonight.

I need to stay over at your house." And she did.

RANDY: Waking up the next morning, I was half hung over.

I was really dehydrated, thirsty. I went to get some water.

That's when I ran into Brooke.

She had come back and was gathering the last of her belongings.

I decided to go back to bed.

Meanwhile, Kyle and Brooke go to breakfast.

A few minutes later, Randy texted her to see where she is

and she says, "Hey, we're gonna go to breakfast, if you wanna go."

He said no, he was in bed asleep,

but he had something for her.

RANDY: I remembered I had a T-shirt I wanted to give to Brooke

to take to her boyfriend Bryan.

I wanted to give that to Brooke, before she left.

She said she would stop by as soon as they had breakfast.

RANDY: The next thing I remember is her calling my name.

I had sat up in bed. She came in my room.

I told her where the T-shirt was.

She picked up the T-shirt.

She was smiling, saying thank you.

She came over, gave me a hug and said goodbye.

She shut the door...

..and I laid back down.

We know at 8:49 in the morning,

a gentleman in the neighbourhood by the of name Mr Childers

walks by the house and claims to have heard screams.

So the attack likely occurs somewhere within those ten minutes.

I was able to place Brooke in certain places and positions

when she received some of her stab wounds.

It began at the end of the hall where the bedrooms were located.

It then proceeded

down the hallway and into the living room by the fireplace.

There was some activity at the fireplace.

And then I believe ultimately, she was dragged back into the hallway.

I can tell you that she was still alive

when she was in her final resting position...

..because as she laid in the position that we found her in,

she was expirating blood from her nose and mouth...

..until she finally just succumbed.

RANDY: And then I come to

standing over the top of her, covered in blood.

And I'm holding a knife in my hand.

We know that we see Randy get into his car.

That's when he leaves and calls 911.

(BEEPING TONE)

OPERATOR: 911 emergency. RANDY: You need to send police.

Someone's been murdered. I'm at Haverhill Park.

Just send the police. It was me. I'm sorry.

(HANGS UP)

MCROBERTS: She was stabbed 25 times.

She had defensive wounds.

It was clear from the scene that she had struggled desperately.

We know that it's not easy to stab a human body.

And then to do it repeatedly when somebody is fighting back -

they're resisting and they're screaming

and they're scratching and trying to get away.

And from what we know about Brooke, she was feisty.

When you look at the degree to which she fought back,

it wasn't over in an instant.

His hands were injured pretty badly.

Those are all stimuli that would awaken a person who's sleepwalking.

That all goes to show that clear intent of wanting to kill somebody.

Sleepwalkers are well-known to have

a very high threshold for pain

and for arousal.

It's very difficult to wake up a sleepwalker.

The research we did about the sleepwalking showed

there are people that will sleepwalk out of a second-storey window.

And they're not gonna wake up immediately after they hit the ground,

even though they're gonna be injured, right?

So, the cuts around his hand wouldn't have been something

that would have necessarily startled him out of his sleepwalking episode.

Nor would the physical nature of the attack.

As a journalist with the Palm Beach Post newspaper,

I primarily focus on criminal justice and courts coverage.

When I first heard about the Randy Herman trial,

I was speaking directly to other journalists

and it was very much one of those,

"You'll never believe what I'm covering, what's happening".

Covering courts for so long and for just being in the news industry,

you think you've heard everything.

But the sleepwalking defence is something that doesn't happen a lot.

So my immediate thought was like,

"OK, let me go find the documents, see if this is legit".

How many other times has this happened before?

There were a couple more famous sleepwalking cases.

There was one with a four-year-old boy who the father had killed...

and another one where a man ended up killing his wife.

And both of them were found not guilty.

I know that sleepwalking has been used in other states as a defence.

But this was a first case in Florida.

It's a big hurdle to jump when you have a burden to prove that something happened.

You're basically telling the jury,

"Yeah, this happened but it's because Randy sleepwalks."

And when you go back to, kind of, the empathy,

that people may feel for Brooke and her family and the situation,

that also is another big hurdle to jump.

RANDY: (ON PHONE) Did you talk to the lawyer?

Did he tell you how much time I could be looking at?

KATHI: Well, he's not sure.

Hopefully, within the next couple of weeks, I'll hear something.

I don't know.

In cases like this, where the evidence is overwhelming,

we fully expect that there would be an attempt to negotiate

a resolution that everybody could live with.

WALSH: Most cases obviously end up in a plea bargain.

Usually the plea offers are also pretty high.

They mentioned a plea of 50 years,

but it was just really too high for us.

If you're 20 years old or 60 years old, you'll spend the rest of your life in prison.

The defence was unwilling to negotiate it to anything that would be acceptable

in light of what had happened.

And so we were sort of at an impasse.

RANDY: 50. 50 years. Five-Zero. KATHI: Is that what he told you?

Yes, I mean there's no way. What do they have

that's evidence of premeditation? You know, it's outrageous.I know.

In my eyes, I figure I'd take it to trial.

There's no way I'm gonna get convicted of first-degree premeditated murder.

If I got second degree murder,

I'd probably be facing somewhere around 50, anyway.

So, why not take my chances at trial?

I love you, honey.

When I sat down with Randy, at some point in the interview,

I said, "Tell me a bit about yourself."

You know, he indicated he had never read the Harry Potter books before.

And so he was making his way through the series.

And he described parallels in the Harry Potter books.

You know, anyone who is sentenced to Azkaban,

they're basically forced to relive their life's worst moments.

You have Randy standing over Brooke's body,

both of them covered in blood,

and he described his time in prison

to be his own Azkaban.

I wanted to get him the best lawyer I could.

You're talking about thousands of dollars and there's no way we...

We don't have it. We knew we had no choice but to go with the public defender.

I trusted Joe Walsh and his investigator.

Before the trial, I was nervous but I was hopeful

because I felt that they would see Randy for who he is.

Randy Herman's trial was actually my first trial that I ever sat on.

I was sitting in the selection of it. They were asking questions

and people are raising their hands saying, "I can't be in this."

But I ended up making it through the whole process.

WOMAN: When you're on a jury,

you see stuff that you normally would see on crime shows.

And then to see it in real life, it is different.

It's not the same. (CHUCKLES) TV is gonna have actors.

This is real life.

And the person sitting there, you're deciding their fate.

You're faced with a grave responsibility. Thank you.

'And that's a big responsibility.'

You have their family there and if you get it wrong,

now you might have somebody

who's holding you responsible for not letting them go free.

Something very unusual was the fact that he did admit it.

He knew, the police knew, he did murder her.

RANDY: (ON PHONE) Just send the police, it was me.

I think everyone's heard of sleepwalking, right?

But as to murdering somebody.

You always hear about sleepwalking, somebody doing something silly.

And then they would get pushed back to their bedroom.

and say, "OK, go back to sleep."

Did he have the intention of killing her

or did he kill her on accident?

That's what we were trying to get at between the two.

I remember thinking, "I'm going to keep my mind open and listen to all the facts."

I wasn't making a judgement either way.

It was for them to give us the facts

and let us decide whether we believed it could be sleepwalking.

There seemed to be really three possibilities.

One, that Randy is lying.

He did this, he remembers everything and he's lying about it.

The second possibility is the possibility posed by his defence,

which is that he experienced a parasomnia

and the result of that was that he had no consciousness

of what he was doing,

and has no conscious recollection of having done it.

And then, of course, there is the third possibility

that he may have done this

in an act of rage triggered by

the traumatic experience of rejection.

And so he has either dissociated from it

or can't allow himself to own what he does actually remember about it.

REPORTER: In court, Randy Herman,

now 26, is on trial charged with the first-degree murder

in Preston's stabbing death.

(GAVEL BANGS)

Ladies and gentlemen of our jury,

I'm going to turn to the people of the State of Florida to make opening statements.

Miss McRoberts, you may proceed when you're ready.

The date, as you know, was March 25th of 2017,

when this defendant in the early morning hours

ended the life of a young woman

who had done nothing to deserve it.

Our initial intent is to show to the jury

that despite what the psychological experts will say,

and his history of his potential sleepwalking,

Randy had developed an unnatural liking to Brooke.

She did rebuff him, she was over him,

and she was done with his behaviour.

It wasn't more complex than that.

We knew the State's contention really was

to exploit a sexual angle in the case.

We know the night before this happened,

Randy apparently was in the room naked and in the closet.

And that was something that Brooke was not comfortable with.

So we just kind of decided to focus on the dynamics

of the relationship between Randy and Brooke.

WOMAN: Good afternoon, Miss Preston.

Are you Brooke's sister? Yes.

When Brooke's sister, Jordan, took the stand for the defence,

it was kind of a surprise. Normally you don't have

the family of the deceased speaking in the defence's case.

When did you meet Randy?I was probably around 15 years old.

And was that down here or somewhere else?

In Pennsylvania. How did you meet?

Uh, through mutual friends.

She was very...quiet.

Like she was hurt and afraid.

I mean, how could you not be?

WILSON: At this point, you've known Mr Herman for a few years?

Yeah.

Had he ever exhibited any sort of romantic or sexual interest in you?

No.

Any romantic or sexual interest in your sister Brooke?

No. And living together in a house,

you all were pretty close and comfortable with each other.

Is that accurate to say? Yeah.OK.

I'm going to publish this evidence as...

You may. ..Defence Exhibit Three.

Um...

Do you recognise this picture? I don't remember it.

OK, are you in this picture? Yes.

OK, and who's the other person in the picture?

Randy.

When you lived with one bathroom, where there times

when you all would have to share the bathroom like this -

someone in the shower, someone brushing their teeth, things like that.Yes.

Was that commonplace? Yeah, with courtesy to the other,

like, knock and ask if you can come in.

Absolutely. Were there incidents where courtesy wasn't respected?

No.

The photograph really just showed the dynamics of living in a home,

two young women, one young man, one bathroom.

It just showed how comfortable they were in different levels of dress.

They weren't, you know, strangers to each other.

They were all familiar with each other.

And now I'm gonna turn to Mr Walsh

to call his next witness on behalf of Mr Herman.

I'll call Randy Herman. All right, Mr Herman. Why don't you come forward, sir?

During a homicide trial, it is rare for a defendant to take the stand.

So when his attorneys announced that he would be testifying,

it's one of those turning moments that juries hope for.

I wanted the jury to see Randy stand up,

as small as he is, tiny as he is,

walk up to the jury box and testify.

My name is Randy Herman Jr.

My last name is spelled H-E-R-M-A-N.

Thank you. How do you feel this afternoon, Randy?

I'm OK.

And you see this man, who looks like he could still be in high school.

You look at him in this suit that's too big for him and you're like,

this is jarring cos you have other cases where,

you know, someone looks like a stereotypical, you know, bad guy.

SCOTT: He was a little heavier set at the time of the crime.

But he had lost weight. He had a very boyish face.

Very small. So with that type of defendant,

his attorney would want him to get up there

and speak to the jury and sort of pull at the sympathy.

You called 911.

Did you tell them everything you needed to tell them?

Yes. Yeah.

How do you feel about the fact

that Brooke Preston died that morning?

Terrible.

I don't know how to describe it. (SNIFFLES)

That's all the questions I have.

JUDGE: All right, Mr Scott. Cross examination.Thank you, Judge.

Me as a prosecutor, I have to be very careful

as to not be too authoritarian because it's going to appear

as if I'm beating up on this little boy.

But Randy Herman had some difficult questions to answer.

You came to Florida from Pennsylvania

because your life was spiralling out of control.

Isn't that correct? That's correct.

When you came to West Palm Beach from late 2016

through March of 2017, the time of the murder,

you were still struggling with addiction, correct?

That's correct.Your life was still spiralling out of control?

It was.

AMANDA: When Randy was in Florida,

he would call every couple of weeks or so.

He said he was happy. He had a good job. He loved it down there.

He was doing better for himself.

But then I found out later that he was just trying

to make it sound good for me and mom

because he didn't wanna let us down.

So without that stabilizing presence of his mother and sister,

you know, Randy effectively was, you know, left to his own devices.

Four months into my job, I realised

I wasn't really making the pay I needed.

I was using a lot of my inheritance, to kind of supplement my lifestyle.

So the day is finally over and I get my beer.

'I decided to take some time off from work.'

And I gotta go back tomorrow.

And that's when my drinking started to pick up.

In terms of Randy's personal and professional trajectory,

this is sort of where the train fell off the track, so to speak.

And I tended to take it to the next level.

I was going out to bars nightly, spending ridiculous sums of money.

And slowly, my inheritance started slipping away.

I got to the point where I'm partying all night and sleeping all day.

He told me, "Well, I'm straightening up now, Mom. I'm gonna get a job."

You know, "I've quit drinking. I'm gonna get a job."

"OK, that's great."

So I let it go. I didn't push it.

It got to the point where I wanted to stop and I wanted to quit,

but I was kind of in this... just like this cycle where I was starting to get depressed

because of my drinking and drug use.

But at the same time, I was drinking and using drugs

to kind of curb that depression.

After you were awake and you were talking to her,

she walked out of your room.

That's when you stabbed her and killed her, right?

I guess. I... I don't recall.

In murder cases like Randy's, experts are very important

because of the fact that it was an insanity claim.

All right. Dr Ewing, please come forward, sir.

Hi, how are you? Good afternoon, Judge.

WALSH: So, we hired Dr Ewing.

Dr Ewing, are you familiar with what's known as the Bonkalo criteria?

Yes, a psychiatrist named Bonkalo

had done studies and reviews of these sleepwalking cases

that eventuated in serious, usually homicidal, violence.

Dr Bonkalo looked at the characteristics of those cases...

..and he came up with 13, uh, criteria.

The focus on the Bonkalo was the most important thing

because it's the one scientifically-studied objective thing

that we could get across to the jury

that would prove that Randy was sleepwalking.

DR EWING: The first criteria, is that the attack occurred

following an arousal soon after sleep onset.

RANDY: I went back to sleep.

Next thing I remember is I'm standing over the top of her,

covered in blood. And I'm holding a knife in my hand.

MCROBERTS: She was stabbed over and over again.

In the face, in the neck, in the stomach and the back.

BURGER: They were like family.

Hey, Jordan.Hey.

They were like brother and sister.

WALSH: The victim was not recognised at the time.

We know that sleepwalkers don't recognise faces.

'I don't remember getting dressed. I don't remember grabbing my keys.

Everything was really hazy.'

MAN: He had profound amnesia for the event.

(MUMBLES)

AMANDA: When we were younger,

I remember him getting up in the middle of the night.

KATHI: He has that look, like a dazed look.

AMANDA: I think he was sleepwalking.

DR EWING: The defendant called the police...

RANDY: (ON PHONE) Just send the police. It was me. I'm sorry.

..and reported not only that there had been a homicide, but that he did it.

No sexual motive.

No financial motive that I could discern.

(WHIMPERS) Please tell me.

RANDY: Things were going downhill.

I would drink, you know, almost nightly

to the point of, you know, blacking out.

WALSH: The night before it happened, he'd not gotten any sleep.

Stayed up to watch the sunrise.

KATHI: He's always been a very good kid.

Very supportive, very respectful.

WALSH: We knew that he had been using alcohol,

but what we learnt was the alcohol actually was something

that would put you in a deeper sleep faster.

So that you would be more apt to sleepwalk

and do something like this.

No question that he was drinking heavily in the two days

leading up to it.

It sat with me for a while. I mean, I absolutely believed it.

This Bonkalo criteria nailed it down,

right to the T of basically what he did.

And the defence did a great job of showing that.

We on the prosecution side had one important thing

we wanted to talk about.

And that was the timeline.

I want to narrow down my timeframe from when she walked in

to when he leaves and calls 911.

We know that Brooke Preston arrived at the home,

based on the surveillance video from across the street,

at approximately 8:35am.

We know that we see Randy get into his car at approximately 8:57

and he drives away.

Based on that timeframe, we know Brooke was in the house

for approximately 22 minutes.

We knew that he remembered her coming in

at approximately 8:35am.

He said the shirt is over in the drawer.

She got the shirt.

And they had a brief back-and-forth discussion

that most likely took a couple of minutes.

MCROBERTS: They hugged...

..and she turned to leave.

And he said that's the last thing he remembers.

We know from a gentleman in the neighbourhood who heard screams

that the attack takes place approximately at 8:49.

So, sort of using that 22 minutes -

we filtered back and filtered back and filtered back -

he only had about five minutes to go back to sleep.

So it seemed impossible to me that he fell asleep

in five minutes and started sleepwalking.

The State will call Dr Wade Myers.

In this case, we need an expert

to help us explain to the jury why the facts

did not support a sleepwalking defence, but first-degree murder.

So you lay in bed and then you fall asleep.

And then you go into typically stage one,

your brain waves show a certain wave length called alpha waves.

Then you go into stage two sleep, which it's a little bit deeper.

Dr Myers basically educated the jury on the different stages of sleep.

It's about an hour or two after you go to bed

is when you first go into deep sleep.

And with regard to the defendant's limited window of time,

could that have happened, scientifically speaking?

He's wide awake minutes before the crime.

And you can't go from wide awake to sleepwalking in a matter of minutes.

We know that Randy admitted being awake when Brooke got there.

He admitted speaking to her,

showing her where the shirt was and giving her the hug.

So, if there's no minutes left to get to sleep,

then he wasn't sleepwalking.

Obviously, the State is gonna use his statement

that he was awake at the time when she arrived at the house.

And they could say, well, it would have been unlikely

that he had fallen into a deep enough sleep to sleepwalk.

Sleepwalking generally occurs in the deeper stages.

I don't know if I'd agree with that.

I see where you're getting at, but it can occur

in the early stages as well.

In other words, not in the first minute or two,

10 minutes, 15 minutes. It could be. That's what I'm saying.

And when Randy said that he had this interaction with Brooke,

we really didn't even know whether

that was something that actually had happened...

or whether he kind of had dreamed that.

It's not clear to me

whether he was asleep at that point.

It's possible that he could have been awake

and then he went back to sleep immediately.

That's the way he recalls it.

It's possible, though, that he never awoke.

In my experience, it's fairly common

for defendants to try and fill in the blanks about what happened.

And they often fill in things from just before or just after

or add things that seem reasonable to them.

So if Randy Herman is remembering that she arrived

and that he told her where the shirt was,

then the question is, is this what he actually remembers

or is this what he thinks makes sense to him?

WALSH: Dreaming that interaction with Brooke

would mean that he was still sleeping when the incident happened.

And if you believe that Randy was sleepwalking,

then certainly you wouldn't believe that he intended to do anything,

then how could you put somebody in prison for the rest of their life?

Folks, each side has made,

um, argument on what they believe the fact showed in this case,

and as officers of the court, I'm sure that everyone has done that in good faith.

However, it's up to our jury to decide what the facts of this case are.

Sleepwalking is a very tough pill for a lot of people, I think, to swallow.

And it's very tough, I think, to have 12 people agree to that.

Folks, in a few moments, you'll be taken to the jury room by the Courtroom Deputy

for your deliberations.

Even if you do not like the laws that must be applied, you must use them.

And on behalf of both the State of Florida and on behalf of Mr Herman,

I wanna thank you for those efforts.

By the time the trial ended, we got back into the deliberation room.

We sat down. It was almost just a...

not a sigh of relief, but a sigh of,

"Wow, let's get this information out and start talking about this now."

Because we've all been holding it in and we want to let it out.

So we started blaring words out.

Some of the men jurors were very vocal

the minute we went back to the room, and were saying things like,

"If that was my daughter, I would have killed him."

(INDISTINCT ARGUING)

JUROR: It seemed like it was spilt.

So then, that's when we started going through evidence.

So the hunting knife by his bed,

something like that

is not out of the norm here in Florida.

There were toy handcuffs but we didn't give it any weight.

The prosecution was trying to tie it in

to that he had romantic feelings towards her.

And there was the incident where he was in the closet.

I know that spooked her,

but they had been drinking all day.

It was a stretch for them to say that there was some sexual feeling

between Randy and Brooke.

We're five hours into this thing,

but there were still a few jurors on the fence

about the sleepwalking.

We had multiple people saying,

"How long was it for him to get in this deep sleep?"

So that's why we went through the timeline

of when Randy Herman texted her,

to the time when she pulled up to the house,

to the time we thought she got murdered.

At the time, I'm waiting in a cell underneath the courthouse,

just waiting, just watching the clock,

till they come up with what the verdict's gonna be.

It felt like a lifetime.

When we get the call from the bailiff the jury has a verdict,

that moment it really starts. You get nervous, you get butterflies.

So when the verdict is read, the courtroom is just silent.

(GAVEL POUNDS)

I'm gonna have Mr Herman please rise to receive our jury's verdict.

FOREPERSON: We find as follows. As to count one, we find the defendant

guilty of first-degree murder as charged in the indictment.

So say we all, this eighth day of May, 2019, in West Palm Beach,

Palm Beach County, Florida. Signed, Jury Foreperson.

That timeline that we drew up and we drew it.

We had all the text messages.

We had time when she pulled in, when he pulled out,

and after that timeline, everyone was on the same page.

Wasn't enough time for him to be in this...this deep sleep

to cause sleepwalking.

All right.

(EXHALES)

Randy Allen Herman Jr, a jury of your peers having found you guilty of first-degree murder,

I sentence you to life imprisonment without the possibility of parole.

REPORTER: Tears and hugs among the victim's family

as the jury found Randy Herman guilty of first-degree murder

in the stabbing death of 21-year-old roommate, Brooke Preston.

Brooke's father, John Preston, after the verdict.

There's no winners in this whole situation. Everybody's losers.

KATHI: I feel bad for the father...

cos I know he's grieving.

I don't know what to say about Randy

but I'll stand by him till the day I die.

Sleepwalking occurs anywhere from 1 to 4%.

1% of 300 million people, that's still a lot of people.

And potentially, anyone can be a sleepwalker.

There's, I think, a growing concern about the impact of sleep disruption.

As we move into a society riddled with interrupted sleep,

we're gonna see more and more of these kinds of problems emerge.

You know, I've... Since I've been in jail,

I've tried to sit down numerous times with a pen and piece of paper to...

to try to reach out, to try to tell them how sorry I am.

But it's just... You know, it's difficult.

You can't really write out in words.

You can't tell someone you're sorry for something like that.

It just seems like those words just don't... They're just not enough.

You can't say... You say sorry if you make a mistake.

This is something far more.

So, you know, I've tried to reach out

but I don't know how to quite put that into words.

Unfortunately, in a lot of cases

we don't get to know so much about victims...

..because they are silent now.

But the entire Preston family...

..friends, extended family,

so many people reacted.

It was quite moving.

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